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