Summary of Final Decisions Issued by the Trademark Trial and Appeal Board March 20-24, 1995 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 3-20 OPP 82,407 Dunlop Slazenger Corp. v. Wayne Products, Inc. 3-20 EX 74/355,094 ECCS, Inc. 3-20 EX 74/193,576 Tropical Garment Mfg. Co. 3-21 CANC 18,784 Fmali Herb Inc. v. China National Medicines & Health Products Import & Export Corp. Liaoning Branch 3-21 EX 74/313,040 Westin Hotel Co. 3-21 EX 74/301,336 Carter-Hoffmann Corp. 3-21 OPP 86,916 Lee Addison Corp. v. AIJJ Enterprises, Inc. 3-22 EX 74/188,248 John Morrell & Co. 3-23 EX 74/103,584 Advanced Technology Laboratories, Inc. 3-23 CANC 21,146 White Swan, Ltd. v. Sandoz AG et. al. 3-23 OPP 89,679 Nexxus Products Co. v. Martin 3-23 EX 74/351,931 Quality Concepts, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Opposition "TOUR LIMITED" "TOUR LIMITED [priority] Dismissed [golf balls] et. al. EDITION" [golf clubs] whether Refusal "EXAMODULE" drawing of Affirmed [computer storage mark may be products, namely, tape amended backup units] to conform [applicant sought to actual to amend drawing of use mark to "EXA as shown MODULE"] on specimens [material alternation] 2(a) Refusal "SILK BLUES" [deceptive] Reversed [denim pants, shorts, and slacks] 2(d); Petition to "RENSHENFENG-WANG- "HSIANG YANG whether Cancel JIANG" BRAND" applicant's Denied; (and design) (and design) use counterclaim [ginseng and [ginseng and royal of its mark for cancella- royal jelly jelly in a base] was lawful; tion denied in a base] counterclaim based on fraud and unlawful use of petitioner's mark 2(e)(1) Refusal "SERVICE Reversed EXPRESS" [hotel services] 2(e)(4) Refusal "CARTERS" [surname] Affirmed [metal containers for the storage and transportation of food products] 2(d) Opposition "GOLDEN RAINBOW" "RAINBOW KIDS" Dismissed [infant playsuits] [retail store services in the field of children's apparel] 2(d) Refusal "MOSEY'S STEAK- Affirmed OUT" [packaged meats sold in retail channels excluding restaurants] 2(e)(1); Refusal "HIGH whether Affirmed DEFINITION" applicant's [medical ultrasound mark is apparatus for use in registrable ultrasound imaging under and the recording, Section 2(f) storing, formatting and analyzing of ultrasound images] 2(d) Petition "SECRET GARDEN" "SECRET GARDEN" to Cancel [decorative garden [flower seeds and Denied products] vegetable seeds] 2(d) Opposition "NEXXUS" "MAXXUS" Dismissed [hair care products] [hair care products] 2(e)(1) Refusal "TEMP" Reversed [computer programs for tracking temporary employees within an organization and/or for evaluating temporary employee performance] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication No No No No No No No "THE STEAK OUT" No [restaurant and bar services] No No No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE; (R)=REQ. FOR RECONSIDERATION