Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
October 6-10, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
10-8 EX 74/380,556 Nutrition
EX 74/380,932 Headquarters, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether the Refusal a design consis-
matter as- Affirmed ting of a verti-
serted for (in both cal arrangement
registration cases) of rectangles (in
functions as which the names
trademarks and prices of ap-
for the plicant's products
services re- are displayed);
cited in ap- a design consis-
plicant's ting of a verti-
applications cal arrangement of
rectangles (in
which the names
and prices of ap-
plicant's products
are displayed),
with the word
"FREE" enclosed
within another
rectangle to the
side [both designs
used in connection
with mail order
services for
vitamin and min-
eral supplements,
cosmetics, jewel-
ry, wallets,
housewares, kit-
chen accessories,
health aids, and
clothing acces-
sories]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION