Summary of Final Decisions

                                 Issued by the

                       Trademark Trial and Appeal Board

                             April 29-May 3, 1996


                Type            Proceeding
Date            of              or                      Party/
Issued          Case (1)        App'n No.               Parties

4-29            EX              74/457,904              Miles A. Galin

5-1             EX              74/479,422              HWE, Inc.

5-1             EX              74/413,263              Demos, Inc.

5-1             EX              74/338,119              Emerson Apparatus
                                                        Co., Inc.

5-3             EX              74/429,129              Komda Ltd.

5-3             EX              74/277,046              National Endowment
                                                        for Financial
                                                        Education


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Refusal                                 "PHACOFORM"
                Affirmed                                [intraocular
                (but only on                            lenses]
                basis of the
                cited
                registration
                of the mark
                "PHACOFIT")

de jure         Refusal                                 configuration of a
function-       Affirmed                                foot massager
ality;          (on both                                [foot massagers]
distinc-        grounds
tiveness        asserted)
under
Sec. 2(f)

2(d)            Refusal                                 "DEMOS BASTING-
                Affirmed                                BAR-B-Q-
                                                        SEASONING SAUCE"
                                                        (and design)
                                                        [basting, bar-b-q
                                                        and seasoning
                                                        sauce sold
                                                        through retail
                                                        grocery outlets]


2(d)            Refusal                                 "EMERSON APPARATUS"
                Affirmed                                [quality control
                                                        test apparatus,
                                                        namely, paperboard
                                                        cutters and
                                                        compression
                                                        testing apparatus
                                                        for determining
                                                        the strength of
                                                        paperboard, for
                                                        use by corrugated
                                                        paperboard
                                                        manufacturers]

Section 44      Refusal                                 "KOMDA"
application:    Affirmed                                (and design)
whether the     (on both                                [bicycles,
mark shown      grounds)                                tricycles,
in the drawing                                          strollers]
originally
filed is a
substantially
exact
representation
of the mark
shown in
applicant's
foreign
registration;
whether
the mark
shown in the
amended
drawing is
a material
alteration of
the mark shown
in the drawing
originally filed

whether                 Refusal                         "INSTITUTE FOR
applicant's             Reversed                        RETIREMENT
asserted                                                PLANNING"
mark is                                                 [educational
capable of                                              services,
registration                                            namely,
on the Supp.                                            conducting
Register                                                self-study
                                                        courses in
                                                        the field of
                                                        financial
                                                        planning, etc.]

Mark and
Goods of Registration                           Recommended
Cited by                                        for
Examining Atty.                                 Publication

"PHACOFLEX" and                                 No
"PHACOFIT"
[intraocular lenses]

                                                No


"DEMOS"                                         No
(and design)
[restaurant services
specializing in Greek
food]


"EMERSON"                                       No
[pulp and paper
machinery, namely,
Jordan engines, Jordan
engine couplings,
jackets, control systems,
magnetic separators,
shower pipes and
pulpers]

                                                No

                                                No

(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION