Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
October 27-31, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
10-27 EX 74/641,262 Smith &
Jones, Inc.
10-28 OPP 87,389 V. La Rosa &
CANC 20,853 Sons, Inc. v.
CANC 20,854 John Zidian
CANC 21,092 Co., Inc.
10-29 EX 74/574,876 No Fear, Inc.
EX 74/574,878
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "BRATZ"
Affirmed (and design)
[infants' and
children's
clothing, namely,
tops, bottoms,
sleepwear, hats,
coats, jackets
and parkas, ex-
cluding footwear]
2(d) Opposition "LA ROSA" "LA RUSSA"
Sustained (and design) (and design)
[but only as [spaghetti, la- [processed toma-
to the sagna, macaroni, toes and tomato
pleaded mark noodles and based sauces]
"LA ROSA"] bread crumbs];
"RUSSO'S"
(in stylized let-
tering)
[alimentary
pastes]
whether the Refusal "NO DOUBT" and
matter as- Reversed "NO CLUE"
serted for [both marks for
registration wearing apparel,
functions as namely, t-shirts,
trademarks shirts, shorts,
for appli- pants, sweat
cant's goods shirts, sweat
or functions pants, hats,
merely as visors, shoes,
product or- sandals, and
namentation belts]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"BRATS" No
[footwear]
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION