Summary of Final Decisions Issued by the Trademark Trial and Appeal Board November 10-14, 1997 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 11-10 EX 75/041,715 Conrad Esser 11-13 EX 74/603,959 Delicato Foods, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether the Refusal "RAGNAROK" matter pre- Affirmed [clothing, namely, sented for tops, bottoms, registration pants, sweat- functions as shirts, shorts, a trademark jackets, t-shirts, for appli- tank tops, cant's goods dresses, swimwear, or serves footwear, socks, merely as hats, visors, ornamentation caps, belts, ties on appli- and scarves] cant's goods "HEAVENLY" 2(d) Refusal [canned tomatoes Affirmed sold only to in- stitutional users] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No "HEAVENLY" No (in stylized lettering) [canned peaches] (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION