Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
November 14-18, 1994
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
11-14 EX 74/214,756 National Wholesale
Co., Inc.
11-14 EX 74/329,355 Machine Products
Corp.
11-14 OPP 88,251 Saks & Co. v.
Rags 5th Ave., Inc.
11-15 OPP 87,252 Omega Engineering,
Inc.
11-16 EX 74/204,988 Raquette Sales
Division, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether the Refusal to SUDDENLY SLENDER and
marks register SUDDENLY SLENDER PLUS
asserted for the marks as [original
registration service marks identification: "mail
function as affirmed; order services
service refusal featuring the sale of
marks for the to allow hosiery and
services amendment pantyhose"; amended
originally reversed; marks identification:
recited in the will be "hosiery and
applications; published pantyhose sold
whether for opposition exclusively by mail
applicant's with amended and telephone order
proposed identifications
amendments to of goods
its
identifica-
tions of
services
(i.e.,
amendments
from
services to
goods) are
acceptable
under Rule
2.71(b)
2(d) Refusal "DYNA-LIFT" [cranes]
[with Reversed
consent
agreement
of record]
2(d) Opposition "SAKS FIFTH "RAGS 5th
Sustained AVENUE" AVENUE"
[retail clothing (and design)
store services, etc.] [retail store services
in the sale of
second hand quality
wearing apparel and
accessories]
2(d) Opposition "OMEGA" et. al., Design consisting of
Dismissed [scientific and the Greek letter
electrical apparatus] "omega" and a
lightning bolt
[thermostats for
machines]
whether the Refusal Design of a man
matter Affirmed with a sprayer,
asserted for surrounded by designs
registration of an automobile,
functions as a a chest of drawers,
trademark for a house, and the
the goods interior wall of a
recited room [lacquer thinner]
in the
registration
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
"DYNALIFT" No
[high reach
telescoping
boom forklifts]
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION