Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
August 25-29, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
8-26 EX 74/366,357 Gardenlife, Inc.
8-26 EX 74/591,359 U B Foundation
Activities, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "GARDENLIFE"
Affirmed [living plants and
trees, flower and
vegetable seeds
for agricultural
and horticultural
purposes sold ex-
clusively through
applicant's own
proprietary mail
order business;
retail and whole-
sale distributor-
ship services
featuring garden-
ing supplies,
plants, trees, and
seeds; mail order
catalog services
featuring garden-
ing supplies,
plants, trees and
seeds]
2(e)(1) Refusal "FIM"
Affirmed [business and data
management, name-
ly, the collec-
tion, coordina-
tion, storage,
retrieval, analy-
sis and reporting
of information and
data related to
the measurement of
medical rehabili-
tation outcomes]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"GARDENLIFE" No
(and design)
[plastic hose fit-
tings and con-
nectors; water
sprinklers and
sprayers for lawn
and garden use];
"GARDENLIFE"
[water sprinkling
units for use in
gardening, flori-
culture and horti-
culture; nonmetal-
lic reel for flex-
ible hoses, con-
nectors and fit-
tings of plastic
material for flex-
ible hoses];
GARDENLIFE
(in stylized let-
tering)
[fertilizers]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION