Summary of Final Decisions Issued by the Trademark Trial and Appeal Board October 6-10, 1997 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 10-8 EX 74/380,556 Nutrition EX 74/380,932 Headquarters, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether the Refusal a design consis- matter as- Affirmed ting of a verti- serted for (in both cal arrangement registration cases) of rectangles (in functions as which the names trademarks and prices of ap- for the plicant's products services re- are displayed); cited in ap- a design consis- plicant's ting of a verti- applications cal arrangement of rectangles (in which the names and prices of ap- plicant's products are displayed), with the word "FREE" enclosed within another rectangle to the side [both designs used in connection with mail order services for vitamin and min- eral supplements, cosmetics, jewel- ry, wallets, housewares, kit- chen accessories, health aids, and clothing acces- sories] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION