Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
July 31-August 4, 1995
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
8-1 EX 73/777,543 In-N-Out Burgers
EX 73/777,551
8-1 EX 74/278,828 Novell,
Inc.
8-1 EX 74/353,881 Arcto, Inc.
8-1 OPP 86,081 Traveling
Software, Inc. v.
James Cass Hendee
8-2 EX 74/009,506 Bob's Inc.
8-3 OPP 76,388 Huffy Corp. and
Derby Cycle Corp.
v. Geoffrey, Inc.
8-3 EX 74/356,789 Great American
Insurance Co.
8-3 EX 74/161,189 Coulston Int'l.
Corp.
8-3 EX 74/379,701 Dragon Systems,
Inc.
8-3 EX 74/102,337 Lighting Manage-
ment, Inc.
8-4 EX 74/369,461 Jeffrey H. Gitomer
8-4 OPP 88,704 SF Hotel Co.,
L. P. v. Embassy
Suites, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "4 X 4" and "FOUR
[consent Reversed BY FOUR"
agreement] [in both [both marks for
cases] made-to-order
cheeseburgers
having four cooked
beef hamburger
patties and four
cheese slices]
2(e)(1) Refusal "PALMDOS"
Affirmed [operating system
software for use
with computers;
computer manuals
for use with
operating system
software or
instructional
manuals for use
with computer
operating
software]
2(d) Refusal "TIGERSHARK"
Affirmed [clothing, namely,
caps, gloves,
jackets, swim
trunks, sweat
pants, golf
shirts, swimsuits,
and shoes]
2(d) Opposition "TRAVELING SOFTWARE" "TRAVELSOFT"
Sustained [computer programs [computer software
and prerecorded audio for use by travel
tapes] agencies]
2(d) Refusal "SPRUZZO"
Reversed (in stylized
lettering)
[clothing and
footwear, namely,
socks, pants,
shirts, sweaters,
shoes and boots]
2(d) Opposition "RALLY" "RALLYE"
[priority] Dismissed [bicycles] [bicycles]
2(d) Refusal "PRISMS"
Reversed [newsletters for
distribution to
jewelers regarding
the security,
protection and
insurance of
jewelry]
whether the Refusal a green border
matter Affirmed design used on a
asserted for label for
registration applicant's goods
functions as [insecticides,
a mark or is, insect and
rather, mere arthropod
non-distinc- repellents for
tive ornament- application to
ation fabric]
2(e)(1) Refusal "VOICETOOL"
Affirmed [computer software
for use in speech
recognition
applications]
whether the Refusal "LIGHTING
matter Affirmed MANAGEMENT, INC."
presented for [consulting and
registration design services
is capable of in the field of
registration lighting systems,
on the namely, analyzing
Supplemental lighting systems
Register for existing or
[genericness] proposed business
establishments]
2(d) Refusal "SALESMASTERS"
Reversed [educational
services, namely,
conducting
periodic meetings
between sales-
persons for the
purposes of
improving selling
skills and tech-
niques and
otherwise
exchanging
professional
information and
ideas]
2(d);2(e)(1) Opposition "THINK TWICE" "THINK TWICE"
Dismissed [hotel services] [hotel services]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"FOUR BY FOUR" No
[sandwiches for
consumption on or off
the premises]
No
"TIGER SHARK" No
[men's clothing,
namely, pants, slacks,
coats, and suits]
No
"SPLASH" No
[women's sweaters,
blouses, pants, shirts,
warm-up suits, shorts,
tops and jeans]
No
PRISMS" No
(and prism design)
[pre-recorded audio
cassettes for use in the
insurance field; printed
training manuals;
providing training with
respect to the sale of
insurance];
"PRISMS FOR
AGENTS"
[conducting training
seminars in the field of
insurance selling or
marketing; printed and
audio visual materials of
educational training
programs relating to the
sale of insurance]
No
No
No
"SALESMASTERS" No
[educational services,
namely, a training
program for the building
industry]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION
Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
August 7-11, 1995
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
8-7 OPP 89,707 Hasbro, Inc. v.
OPP 89,708 Catco
Inc.
8-7 OPP 90,447 Kimberton
Enterprises,
Inc. v. Henry Co.
8-7 OPP 87,984 C-Tec, Inc. v.
Tate Access
Floors, Inc.
8-8 CANC 19,982 Rocol Ltd. v. Fox
Valley Systems,
Inc.
8-10 EX 74/361,993 Americh Corp.
8-10 EX 74/342,028 Defender Steel
Door Co., Inc.
8-10 EX 74/319,601 Unverferth Mfg.
Co., Inc.
8-10 EX 74/158,872 L. Perrigo Co.
8-10 OPP 85,931 Festin Foods Corp.
v. Premium Coffee
Distributors, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Oppositions "GI JOE" "GI JANE" and "GI
Sustained [dolls, etc.] JANE DEFENDER
OF FREEDOM"
[dolls]
2(d) Opposition "ELASTO-SEAL" "ELASTOTAPE"
Dismissed [adhesives, namely, [fabric
multi-purpose repair reinforcement
tape] tape, namely,
fiberglass for
patching
and sealing roofs]
2(d) Opposition "TEC-CRETE" et. al., "TATECRETE"
Dismissed [access floor panels, [access floor
including access floor panels
panels that have made of reinforced
concrete and concrete]
particulate cores]
2(d) Petition to "EASYLINE" "EASYLITE"
Cancel Granted [paint contained in [paint, namely,
aerosol spray cans; aerosol spray
hand operated line coating
marking apparatus containing
using aerosol reflective
spray paint cans] beads for general
purposes]
2(e)(4) Refusal "BARRINGTON"
Reversed [whirlpool baths
and plumbing
systems for
such baths]
2(d) Refusal "DEFENDER"
Affirmed [steel doors and
steel security
storm doors]
2(d) Refusal "RAWSON"
Affirmed [tillage
implements for
soil cultivation,
namely, carts,
coulters,
subsoilers,
row cleaners and
sealers]
2(e)(1); Refusal "THE BETTER
whether the Affirmed NAME BRAND"
matter [on 2(e)(1) [personal
asserted for ground antiperspirants
registration only] and deodorants,
has been hair
used in shampoo and
commerce as conditioner, hair
a trademark spray, skin care
lotions, sunscreen
and tanning
lotion, baby
oil, dentifrices,
mouthwashes,
denture creams,
suppositories,
analgesics,
antacids,
cough medications,
dietary drinks for
weight control,
food
supplements, etc.]
2(d) Opposition "DONA MARIA" "CAFE DONA
Sustained [Mexican-style foods, MARIA"
namely, nopalitos, [coffee]
mole and
refried beans]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
No
No
No
No
"DEFENDER" No
[storm windows of
plastic materials for
interior use]
"RAWSON" No
[metal backhoe and
loader buckets for earth
moving construction
equipment]
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION