Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
September 15-19, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
9-16 EX 74/403,241 W. Wendell Smith
9-16 EX 74/364,564 STL Management,
Inc.
9-16 EX 74/659,192 Capital Bluecross
9-18 EX 74/628,209 Volk Optical, Inc.
9-18 EX 74/621,349 Intek Technolo-
gies, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether the Refusal "BURLAP IS BIO-
specimens Affirmed FRIENDLY"
of record [unpopped popping
show trade- corn]
mark use of
the matter
applicant
seeks to
register
2(d) Refusal "QUANTUM
Affirmed CONTINUUM"
[health care and
management of
patients in
rehabilitative
care]
whether the Refusal "CHECK IT OUT"
activity per- Reversed [arranging for
formed by ap- automatic payments
plicant in of health care
connection subscribers'
with its mark monthly payment
is a "ser- premiums by ob-
vice" for taining authoriza-
purposes of tion to debit sub-
registration scribers' accounts
of the mark at financial in-
stitutions and
supervising such
payment arrange-
ments for sub-
scribers]
2(e)(1) Refusal "SMALL PUPIL"
Affirmed [ophthalmoscopy
lens]
2(d) Refusal "VIVID"
Affirmed [computer software
and instructional
manuals, sold to-
gether as a unit,
for use as tools
in designing
client server ap-
plications]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"QUANTUM HEALTH No
RESOURCES"
[healthcare services]
No
No
"VIVID" No
[computer programs
and instruction
manuals, sold as a unit,
used in the production
and manipulation of
graphic displays]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; MD=MOTION TO
DISMISS; (MR)=MOTION TO REOPEN