Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
September 8-12, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
9-9 EX 74/319,375 Nanao U.S.A. Corp.
9-9 OPP 93,383 Bose Corp. v.
Kaman Music Corp.
9-9 OPP 92,916 Hayes Micro-com-
puter Products,
Inc. v. Archtek
America Corp.
9-11 EX 74/527,928 Kids Count
Entertainment,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether Refusal "FLEXCOLOR"
applicant's Affirmed [cathode ray tube
specimens (CRT) monitors for
demonstrate computers and
use of its mark television sets]
on the goods as
originally
identified in
its application;
whether appli-
cant's proposed
amendment to its
identification
of goods is
within the scope
of the original
identification
2(e)(1) Opposition "DYNAMIC
[genericness/ Sustained CORRECTION"
mere descrip- (on ground of [electronic sound
tiveness] mere descrip- correction devices
tiveness) forming a part of
a guitar]
2(e)(1); Opposition "SMARTLINK"
2(e)(2); Dismissed [computer peri-
ownership pherals, namely,
modems for compu-
ters, and computer
modem operating
software and manu-
als sold as a unit
for use in the
field of telecom-
munications]
2(d) Refusal Affirmed "KIDS COUNT"
[gift and party
supplies made of
paper; stationery
and school
supplies]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
No
"KIDS COUNT" No
[educational services,
namely, providing
inclass incentives to
grade school students to
demonstrate excellence
in problem-solving
activities in the field of
math through the
issuance of awards]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION