Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
April 13-17, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
4-14 EX 74/421,666 Pingel Enterprise,
Inc.
4-14 CANC 26,657 Wellcome Founda-
(MD) tion Ltd. v.
Merck & Co., Inc.
4-14 OPP 97,778 Isolab, Inc. v.
Genzyme Corp.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
de jure Refusal configuration of a
function- Affirmed fuel valve for
ality; dis- (on both motorcycles [fuel
tinctiveness grounds) filters and
under Sec. valves]
2(f)
whether Motion to configuration of
respondent's Dismiss an "irregular
registration Granted shield-shaped
should be [Petition tablet"
cancelled to Cancel [pharmaceutical
because: Denied] preparation for
(1) the draw- use as an anti-
ing does not hypercholesterol-
comport with emic agent]
current draw-
ing require-
ments and/or
(2) the de-
scription of
the mark is
too broad
2(d); Opposition "LDL-DIRECT" "DIRECT LDL"
whether op- Sustained [blood testing [diagnostic rea-
poser's mark equipment and rea- gents for the
is deceptive- gents, including immunoseparation
ly misde- in vitro choles- of cholesterol
scriptive terol test kits] components in
[2(e)(1)] or vitro]
deceptive
[2(a)]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
Yes
Yes
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION