Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
June 8 - 12, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
6-8 EX 74/622,150 Leslie Weinstein
6-9 OPP 97,936 Blue Cross and
Blue Shield of
Minnesota v. Rx
Aware, Inc.
6-11 EX 74/543,143 Sport-Design, Inc.
(R)
6-11 EX 74/464,118 Boston Beer
Company Limited
Partnership
6-11 EX 74/654,198 Casino Data
Systems
6-11 EX 74/601,983 Middleby
Marshall, Inc.
6-11 OPP 93,436 Hard Rock Cafe
Licensing Corp. v.
Thomas D. Elsea
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "TRUE LOCK"
Affirmed [locking metal
fasteners]
2(d) Opposition "AWARE" and "RxAWARE"
Sustained "AWARE GOLD" (in stylized
[both marks registered lettering)
for health insurance [consulting
underwriting services, services in the
administering insurance field of drug
plans for others and interactions]
arranging health care
services for others]
and "AWARE CARE"
[used in connection
with arranging health
care for others]
2(d) Request for "STARS OF
Reconsideration TOMORROW"
Denied [children's
(Refusal sports products,
Affirmed) namely,
baseballs,
baseball bats
and gloves,
tennis rackets,
footballs,
basketballs and
soccer balls]
2(e)(1); Refusal "THE BEST BEER IN
whether Affirmed AMERICA"
asserted [beer and ale]
mark is
registrable
under Section
2(f) or is,
rather,
inherently
incapable of
functioning
as a mark
2(d); whether Refusal "GRAPHIT"
the specimens Affirmed [computer
of record (on both programs, namely,
demonstrate grounds) software for use
trademark use in gaming
of the environment
asserted mark for player
tracking]
2(e)(1) Refusal "RAPIDSTEAM"
Affirmed [commercial
electric cooking
steamers]
2(d Opposition "HARD ROCK CAFE" "COUNTRY ROCK
Dismissed [t-shirts, sweatshirts, CAFE SALOON
polo shirts, sport DANCE HALL"
shirts, jackets, hats, (and design)
caps and belts]; [jewelry; beverage
"HARD ROCK CAFE" glassware; shirts,
(and design) jackets and
[t-shirts, sweatshirts, sweatshirts;
polo shirts, sport restaurant and
shirts, jackets, hats, nightclub
caps, belts; metal key services]
rings; jewelry, namely,
decorative pins, tie
pins, lapel pins of
non-precious metal];
"HARD ROCK CAFE"
(and design)
[restaurant and
prepared take out food
service]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"TRU-LOK" No
[metal screws]
No
"STAR OF No
TOMORROW"
[golf clubs]
Yes
"GRAPH IT" No
[computer programs in
the form of magnetic
tapes]
No
Yes
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION