Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
July 22-26, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
7-23 EX 74/398,615 Elemco Systems
Corp.
7-23 OPP 91,228 Original Rainbow
CANC 21,639 Cone, Inc. v.
Walt's
Franchising
Organization, Inc.
7-24 EX 74/006,316 Americare, Inc.
7-24 EX 74/393,247 Pastificio Lucio
Garofalo S.p.A.
7-25 EX 74/283,648 Linvatec Corp.
7-25 EX 74/385,588 Societe Breck's
Internationale
Inc.
7-25 EX 74/489,543 Gregory S. Bond
7-25 EX 74/496,533 Poly-Bond, Inc.
7-26 EX 74/279,461 VIP Foods, Inc.
(R) 74/279,462
7-26 EX 74/417,450 Isco, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Refusal "SYLO"
Affirmed [apparatus for
pneumatically
determining
volumes in
large containers,
namely, silos and
grain elevators]
2(d); Opposition Configuration of Configuration of
affirmative Sustained; an ice cream cone an ice cream cone
defense that Petition [ice cream cones for [restaurant
"ORIGINAL to Cancel consumption on or off services featuring
RAINBOW CONE" Granted the premises]; ice cream
is generic "ORIGINAL and yogurt];
RAINBOW CONE" "WALT'S ORIGINAL
[ice cream cones; RAINBOW CONE"
retail ice cream [retail ice cream
store services] restaurant
services]
2(d) Refusal "AMERICARE A
Affirmed TRADITION OF
CARING"
(and design)
[home nursing care
services]
2(d) Refusal "SANTA LUCIA"
Affirmed [alimentary
pastes, flour,
processed cereal
and baking powder]
2(d) Refusal "SHUTTLE-RELAY"
Affirmed [orthopedic
suturing devices]
2(e)(4); Refusal
whether mark Reversed "WILLIAMS &
shown in as to 2(e)(4); DESIGN"
drawing is Affirmed as to [rings, bracelets,
WILLIAMS & other issues earrings,
DESIGN or brooches, watches,
WILLIAMS clocks, pens,
(with a pencils, etc.]
design); if
former,
whether
proposed
amendment of
applicant's
mark to latter
constitutes a
material
alteration
thereof
2(e)(1) Refusal "CITYSCAPE"
Affirmed [maps]
2(e)(1) Refusal "ADVANCED
Affirmed COMPOSITES"
[non-woven fabrics
made from
polyolefins]
whether Request for "VIP PEKING"
applicant is Reconsideration (and design)
required, Denied [frozen foods,
under Sec. 6, (Refusal namely, mixed
to disclaim Affirmed) vegetables];
CANTON and "VIP CANTON"
PEKING apart (and design)
from its [frozen foods,
marks as namely,
wholes vegetables mixed
with fruits]
2(e)(1) Refusal "WETSUPPORT"
Reversed [laboratory
supplies,
namely, granular
diatomaceous earth
used as an enhancer
to be mixed with
sample in
supercritical
fluid extraction,
for use in
scientific and
industrial
application]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
No
"AMERICARE No
SERVICES, INC."
(and design)
[home nursing services];
"AMERICARE"
[providing nursing
home services]
"SANTA LUCIA" No
[processed vegetables
and olive oil]
"RELAY" No
[suture delivery system,
namely, a housing unit
for suture]
No
No
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION