Summary of Final Decisions Issued by the Trademark Trial and Appeal Board October 12-16, 1998 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 10-13 EX 75/134,262 SmithKline Beecham Corp. 10-16 OPP 91,912 International Computer Ltd. v. JRL Enterprises, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(e)(1); Refusal "TIMEPILLS" whether mark Affirmed [pharmaceutical is regis- (on all preparations for trable under grounds) the alleviation of Sec. 2(f); the symptoms of requirement the common cold for addition- and allergies] al informa- tion under Rule 2.61(b) 2(d); Opposition "ICL" "ICL" counter Sustained; [computer hard- [training system claims to counter-claim ware; computer comprising cancel one of to cancel programs; computer computer hardware opposer's denied; engineering and and software for pleaded reg- counter-claim programming ser- use as an educa- istrations on to restrict vices; training tional classroom ground that under Sec. 18 personnel of users aid and indepen- recited denied of computers in dent, self-testing services are the operation and/ and learning tool merely inci- or programming of for students] dental to computers, etc.] sale of opposer's goods and not proper sub- ject for service mark registration; counterclaim to restrict opposer's registrations under Sec. 18 Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION