Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
July 7-11, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
7-7 EX 74/483,835 Samar S.p.A.
7-7 EX 74/522,760 Perfect Fit
Industries, Inc.
7-7 OPP 99,224 Pumpkin, Ltd. v.
(MR) Seed Corps
7-8 EX 74/575,488 Sunshine Products
Holding GmbH
7-8 EX 74/661,908 Diamond Rug &
Carpet Mills, Inc.
7-8 EX 74/305,777 Radiant Tech-
nology, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "GREEN EARTH"
Affirmed [t-shirts, caps,
panties, sweat-
shirts, jogging
suits, etc.]
2(d) Refusal "HOME COMFORT"
Affirmed [pillows and chair
cushions]
whether op- Motion to "PUMPKIN "MASTER
poser could Reopen MASTERS" PUMPKIN CARVER"
show "excusa- Denied; [kit for (and design)
ble neglect" Opposition pumpkin [teaching children
under Fed. R. Dismissed carving] gardening and
Civ. P. 6(b)- safety education
to reopen its by means of
testimony sponsoring pumpkin
period carving contests]
2(d) Refusal "SUNSHINE"
Reversed (and design)
[tennis shoes,
sweat pants, sweat
shirts, sport
caps, sweat bands,
sweat socks,
jackets and shoes
for men and women]
2(e)(1) Refusal "PET-PROOF"
Affirmed [textile carpet]
whether the Refusal "RADIANTPANEL"
matter asser- Affirmed [household hot
ted for water baseboard
registration heaters]
is capable of
registration
on the Supp.
Register
(Sec. 23) or
is, rather, a
generic term
as applied to
applicant's
goods
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"GREEN PLANET No
HARMONY ON
EARTH"
(and design)
[t-shirts, sweatshirts
and sweatpants, baseball
caps, polo-type shirts,
tank tops, socks, light
sweaters, wind resistant
jackets]
"HOME COMFORT No
FURNITURE &
MATTRESS CENTER"
[retail furniture store
services]
Yes
"SUNSHINE HOUSE" No
[t-shirts, sweat shirts,
swim suits, wet suits,
walking shorts, jackets];
"SUNSHINE STUFF"
[girls' pants, dresses,
shorts, etc.]
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MR)=MOTION
TO REOPEN