Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
February 24-28, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
2-25 EX 74/511,849 Strippit, Inc.
2-26 EX 74/498,247 Brian Santone
2-26 EX 74/101,177 EBSCO Industries,
(R) Inc.
2-26 EX 74/453,230 John Michaels, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Refusal "SMART TOOL"
[deceptively Reversed [tooling for punch
misdescrip- presses]
tive]
whether Refusal "SANTONE LURES"
applicant is Affirmed [manufacture of
using the fishing lures to
mark sought the order and/or
to be regis- specification of
tered in con- others]
nection with
the services
recited in
the applica-
tion
whether the Request for configuration of a
configura- Reconsider- fishing lure
tion of ation Denied [fishing lures]
applicant's [Refusal
goods, which Affirmed
configuration (on both
applicant grounds)]
claims as its
trademark, is
de jure func-
tional and,
if not,
whether the
configuration
is inherently
distinctive
2(d) Refusal "MICHAEL'S"
Affirmed [frozen custard]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
No
No
"MICHAEL'S" No
(and design)
[restaurant
services]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION