Summary of Final Decisions Issued by the Trademark Trial and Appeal Board June 24-28, 1996 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 6-24 EX 74/424,787 TR Financial Corp. 6-26 EX 74/315,351 Boy Scouts of America 6-26 OPP 91,963 CCA Industries, Inc. v. Dena Corp. 6-28 EX 74/378,083 Buffs-N-Puffs, Ltd. 6-28 EX 74/434,124 Franklin & Co. 6-28 EX 74/537,725 J.P.R. Enterprises, Inc. 6-28 OPP 86,988 Alaskan Brewing & Bottling Co. v. John Mason Oney Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal design of a rose Affirmed [banking services] whether the Refusal "SCOUT OATH-ON matter Affirmed MY HONOR I WILL asserted for DO MY BEST TO DO registration MY DUTY TO GOD functions as AND MY COUNTRY a trademark AND TO OBEY THE and service SCOUT LAW; TO mark for the HELP OTHER goods and PEOPLE AT ALL services TIMES; TO KEEP recited in MYSELF PHYSICALLY the application STRONG, MENTALLY AWAKE, AND MORALLY STRAIGHT" [framed certificate plaques; association services in the nature of promoting an organization for boys, and the guidelines and attitudes in connection therewith] 2(d) Opposition "WASH 'N CURL" Sustained [hair shampoo] 2(d) Refusal "CARPET Affirmed EXPRESS" [motor vehicle carpet and upholstery cleaning preparations sold only directly to, and for use by, professional motor vehicle washing and detailing establishment and not for retail sale to the public or for residential use] 2(d) Refusal "FRANKLIN & CO. Affirmed OPTICIANS" [optician services] whether the Refusal "PLYOTONIC" matter Affirmed [physical fitness asserted for instruction] registration functions as a service mark for the services recited in the application 2(d) Opposition "ALASKAN" "ALASKAN Dismissed [beer and ale]; GLACIER WATER "ALASKAN PALE -- WE CAN'T GIVE ALE" YOU OUR AIR BUT (and design) WE CAN GIVE YOU [ale]; OUR WATER" "ALASKAN AMBER (in stylized BEER" presentation) (and design) [glacier water] [beer] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication design of a rose No [mutual fund investment and advisory services] No No "CARPET EXPRESS" No [carpet or upholstery cleaning preparations; carpet or cleaning machines; rental of carpet or upholstery cleaning machines; cleaning carpets or upholstery] "F O -- FRANKLIN No OPTICAL COMPANY -- PRESCRIPTION OPTICIANS SINCE 1933" (and design) [eyeglasses; optician services] No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION