Summary of Final Decisions Issued by the Trademark Trial and Appeal Board May 22-26, 1995 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 5-23 EX 74/112,615 Fabita Foods, Inc. 5-23 OPP 86,708 McDonald's Corp. v. McClain 5-23 OPP 83,875 Mack Trucks, Inc. v. Maxfield Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether Refusal "MARGARITAS" applicant's Affirmed [chicharrones (deep proposed (on both fried pork rinds), amended grounds) tortillas, and tortilla drawing of its chips] mark is a material alteration of the mark shown in the drawing as originally filed; 2(d) 2(d) Opposition "MCDONALD'S" "MC CLAIM'S" Sustained [restaurant services] (and design) and a family of "MC-" [legal and legal formative marks consultation services] [used on a wide variety of goods and services] 2(d) Opposition "MACK" "MIGHTY MAX" Dismissed [trucks and a variety [custom built trucks; of vehicle-related repair services, products and services]; conversions, "MAXIDYNE" customizing and [internal combustion rebuilding of new and engines]; used trucks; retail "AERO-MAX" truck parts and [trucks]; et al accessory store services] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication "MARGARITA- No ALWAYS IN GOOD TASTE" (and design) [flour and processed pepper and garlic] No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE; (R)=REQ. FOR RECONSIDERATION