Summary of Final Decisions Issued by the Trademark Trial and Appeal Board September 15-19, 1997 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 9-16 EX 74/403,241 W. Wendell Smith 9-16 EX 74/364,564 STL Management, Inc. 9-16 EX 74/659,192 Capital Bluecross 9-18 EX 74/628,209 Volk Optical, Inc. 9-18 EX 74/621,349 Intek Technolo- gies, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether the Refusal "BURLAP IS BIO- specimens Affirmed FRIENDLY" of record [unpopped popping show trade- corn] mark use of the matter applicant seeks to register 2(d) Refusal "QUANTUM Affirmed CONTINUUM" [health care and management of patients in rehabilitative care] whether the Refusal "CHECK IT OUT" activity per- Reversed [arranging for formed by ap- automatic payments plicant in of health care connection subscribers' with its mark monthly payment is a "ser- premiums by ob- vice" for taining authoriza- purposes of tion to debit sub- registration scribers' accounts of the mark at financial in- stitutions and supervising such payment arrange- ments for sub- scribers] 2(e)(1) Refusal "SMALL PUPIL" Affirmed [ophthalmoscopy lens] 2(d) Refusal "VIVID" Affirmed [computer software and instructional manuals, sold to- gether as a unit, for use as tools in designing client server ap- plications] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No "QUANTUM HEALTH No RESOURCES" [healthcare services] No No "VIVID" No [computer programs and instruction manuals, sold as a unit, used in the production and manipulation of graphic displays] (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; MD=MOTION TO DISMISS; (MR)=MOTION TO REOPEN