Summary of Final Decisions Issued by the Trademark Trial and Appeal Board September 1-5, 1997 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 9-2 EX 74/276,765 Maytag Corp. 9-2 EX 74/610,374 Five Star Productions, LLC 9-4 OPP 96,651 Rolex Watch U.S.A., Inc. v. Reuben Teves 9-4 EX 74/512,671 Franco's Res- taurants Ltd. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(e)(1) Refusal "MICRO-MESH" [genericness/ Affirmed [filters for mere descrip- as to mere dishwashing tiveness] descriptive- machines] ness, but registration allowed in view of ap- plicant's alternative claim of distinctive- ness under Sec. 2(f) 2(d) Refusal "COMMONSENSE" Affirmed [calendar desk pads and sta- tionery] 2(d) Opposition design consisting design incorpor- Sustained of a crown ating a crown and [timepieces of all a jeweler's saw- kinds and parts frame therefor] [jewelry, namely, rings, pins, brooches, pen- dants, necklaces, earrings, tie tacks, charms, bracelets, etc.] 2(d) Refusal "FRANCO'S" Affirmed [restaurant and carry-out ser- vices, namely, for pizza and spaghetti] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No "COMMON SENSE" No and "SHIPMAN'S COMMON SENSE" (and design) [file folders and binders] No "FRANCO'S DELI" No (and design) [sandwiches, namely, cheeseburgers, BBQ, chicken, sausage, and submarine sandwiches] (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION