Summary of Final Decisions Issued by the Trademark Trial and Appeal Board August 25-29, 1997 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 8-26 EX 74/366,357 Gardenlife, Inc. 8-26 EX 74/591,359 U B Foundation Activities, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "GARDENLIFE" Affirmed [living plants and trees, flower and vegetable seeds for agricultural and horticultural purposes sold ex- clusively through applicant's own proprietary mail order business; retail and whole- sale distributor- ship services featuring garden- ing supplies, plants, trees, and seeds; mail order catalog services featuring garden- ing supplies, plants, trees and seeds] 2(e)(1) Refusal "FIM" Affirmed [business and data management, name- ly, the collec- tion, coordina- tion, storage, retrieval, analy- sis and reporting of information and data related to the measurement of medical rehabili- tation outcomes] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB "GARDENLIFE" No (and design) [plastic hose fit- tings and con- nectors; water sprinklers and sprayers for lawn and garden use]; "GARDENLIFE" [water sprinkling units for use in gardening, flori- culture and horti- culture; nonmetal- lic reel for flex- ible hoses, con- nectors and fit- tings of plastic material for flex- ible hoses]; GARDENLIFE (in stylized let- tering) [fertilizers] No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION