Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
July 24-28, 1995
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
7-24 EX 74/209,287 Castle Guard
Security, Inc.
7-24 EX 74/027,702 Denticator Int'l,
Inc.
7-24 EX 74/292,596 Allage Associates,
Inc.
7-24 EX 74/254,571 Melville Corp.
7-25 EX 74/375,629 Peter van der
Voort
7-25 OPP 92,530 NBC Fourth Realty
Corp. v. Product
Code 31 Inc.
7-27 EX 74/359,024 Bethel College and
Seminary
7-27 EX 74/030,142 Simmons Outdoor
Corporation
7-27 EX 74/225,044 Satin Doll
Coiffures, Inc.
7-28 EX 74/367,322 Cashmere Studio,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "CASTLE GUARD
Affirmed SECURITY SYSTEMS"
(and castle
design) [security
system components,
namely, motion
detectors, door
intrusion alerts,
alarm sirens,
control panels,
digital communi-
cators, and key
pad consoles]
whether the Refusal the color green
matter asserted Reversed applied across the
for registration entire surface of
functions as a applicant's goods
trademark for [dental hygiene
the goods or is, instruments,
instead, mere namely an angled
ornamentation prophylactic
that has not dental buffer]
become distinctive
as a trademark
2(e)(1) Refusal "UV_CLEAN"
Affirmed [cleaning
apparatus,
namely, apparatus
using ultraviolet
light for cleaning
and surface
modification of
solids for
scientific
purposes]
2(d) Refusal "AQUA SHOE"
Affirmed [water sport
shoes sold in
discount stores]
2(d) Refusal "THE COFFEE
Reversed LOVER'S SUPREME
CHOCOLATE BAR"
[candy and ice
cream]
2(d) Opposition "T.J MAXX," "GET "MAXIMUM MAX"
Dismissed THE MAXX FOR THE (and stick figure
MINIMUM," and "THE design)
MAXIMUM FOR THE [clothing]
MINIMUM"
[retail department
store services]
2(d) Refusal "PACE"
Affirmed (and design)
[adult college
education
services, namely,
providing
classroom level
courses for
earning a B.A.
degree]
2(d) Refusal "GOLD MEDAL"
Reversed [rifle scopes]
2(d); whether Refusal "P-1000 SATIN
the mark shown Affirmed DOLL COIFFURES,
in the drawing (on all three INC."
is in use in grounds) (and design)
commerce (as [hair shampoos and
evidenced by conditioners]
the specimens
of record);
whether the
applicant's
mark, as shown
in its proposed
amended drawing,
is a material
alteration of
the mark as
shown in the
drawing as
originally filed
2(e)(1) Refusal "CASHMERE STUDIO"
Reversed [clothing, namely,
sweaters, scarves,
shawls, dresses,
pants and skirts,
all made in whole
or in part of
cashmere wool]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"KASTLE," "KASTLE No
SYSTEMS, INC."
(and castle design) et al.
[building security
services, namely,
electronically
controlling access from
a remote location and
transmitting an
electronic signal to
unlock the building and
admit authorized
personnel thereto]
No
No
"AQUA GEAR" No
(and design)
[footwear and clothing,
namely, jackets, T-shirts,
shorts and wet suits]
"COFFEE LOVERS No
COFFEE"
(and design of a coffee
cup)
[prepackaged coffee]
No
"PACE" No
[providing self-
improvement courses]
"GOLD MEDAL" No
[shotgun shells]
"SATIN DOLL" No
[hair tints and
moisturizing lotion for
the hair]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION