Summary of Final Decisions Issued by the Trademark Trial and Appeal Board August 14-18, 1995 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 8-15 EX 74/337,765 P.I.P., Inc. 8-15 EX 74/290,900 American Takii, Inc. 8-15 EX 74/379,810 Industrial Electronic Engineers, Inc. 8-15 EX 74/324,477 Wood Carvers Supply, Inc. 8-15 EX 74/324,968 University Hospital, Inc. 8-15 EX 74/255,471 Connie and John Bivens 8-15 EX 73/632,697 Int'l. Telesis Communications 8-17 EX 74/396,007 Swing-Masters, Ltd. 8-17 EX 74/196,302 Wheat Technologies, Inc. 8-17 EX 74/369,231 Surgidev Corp. 8-18 EX 74/325,613 American Needle, Inc. 8-18 EX 74/216,432 IPR Pharmaceuticals, Inc. 8-18 EX 74/345,080 Valley Recreation Products Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "P.I.P." Affirmed [courier services and delivery and freight transportation of goods, namely, personal property, general commodities and hazardous materials, by truck] whether the Refusal "TAKII" matter Reversed [flower and asserted vegetable for seeds for registration horticultural is a and agricultural plant purposes] varietal name (generic term) 2(e)(1) Refusal "MEETING METER" Affirmed [apparatus for continuously calculating and displaying the elapsed time and accrued cost of meetings or conferences] genericness; Refusal "WOOD CARVERS whether Affirmed SUPPLY, INC." applicant's [but only on (in stylized mark has the ground lettering) become of lack of [mail order distinctive acquired catalog services under Sec. distinctive- featuring 2(f) ness wood carving under Sec. supplies] 2(1)] 2(d) Refusal "ARTHRITIS Affirmed LIFESTYLE ENRICHMENT NETWORK" [conducting courses in the field of arthritis treatment; operating a medical center specializing in the treatment of patients with arthritis; physical therapy] 2(e)(1); Refusal "SPORT PINS" whether the Affirmed (in stylized stylized lettering) presentation [jewelry, namely, (stylized pins, earrings lettering) and medallions] of the mark is sufficiently distinctive to function as a mark even if the words are held merely descriptive of applicant's goods 2(d) Refusal "INTERNATIONAL Affirmed TELESIS GROUP" [voice and data telecommuniations consulting services] 2(d) Refusal "SWINGMASTERS" Affirmed [retail store services in the field of sports clothing, equipment, and accessories] Section 6 Refusal WHEAT disclaimer Affirmed TECHNOLOGIES, requirement INC." (of wheat (and design) design) [modified and unmodified wheat starch and wheat gluten] 2(e)(2) Refusal "SURGICAL PRODUCTS Affirmed OF AMERICA" [implantable ophthalmic devices, surgical viscous adducts, and surgical instruments] whether the Refusal a design within matter Affirmed one of assserted for the curved registration triangular functions as panels on a trademark a cap, the for applicant's design goods or consisting of is, instead, tapered mere lettering (of, ornamentation for example, a sports team name) declining in size from the base to the crown of the cap [caps] 2(d) Refusal "IPR" Affirmed (and design) [medicine for human consumption in tablet form] whether the Refusal curved, vertically matter Affirmed extending, silvery asserted for panel as the registation exterior of functions as each of the four a trademark corners of a for applicant's pool table goods or [pool tables] is, instead, mere ornamentation Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication "PIP" No (and design) [insuring packages against loss or damage during shipment by carriers]; "PIP PRINTING" (and design) [printing services]; et al. No No No "ARTHRITIS No LIFESTYLE CENTERS" [providing arthritis treatment] No "TELESIS" No [telephone services] "SWINGMASTER" No [golf clubs and covers for golf club heads, patterned instructional mat and instructional video cassette tapes used to teach a golf swing] No No No "IPR" No (and design) [pharmaceutical and drug research] No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE; (R)=REQ. FOR RECONSIDERATION