Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
November 30 - December 4, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
11-30 OPP 93,658 Micro Motion, Inc.
v. Danfoss A/S
12-2 OPP 95,572 Rubbermaid Inc.
v. Dean M.
Lucente
12-4 EX 74/546,699 Oralabs, Inc.
12-4 EX 74/631,975 International
Data Group, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
genericness Opposition "MASSFLO"
Sustained [flowmeters for
the measurement
of flow of
mass of fluids]
2(d) Opposition "GREENS KEEPER" "KEEPERS"
Sustained [large commercial [plastic covers
containers for for food
produce]; containers]
"KEEPERS"
[household con-
tainers];
"KEEPER"
[food storage con-
tainers having
plastic covers]
whether the Refusal configuration of
product con- Affirmed the bottle in
figuration (but only on which applicant's
applicant the grounds goods are sold
seeks to of non-dis- [breath freshening
register as tinctiveness) drops]
its trademark
is de jure
functional;
whether the
product con-
figuration
is distinc-
tive of ap-
plicant's
goods in
commerce
2(e)(1) Refusal "_ _ _ FAQS"
Affirmed [books in the
field of business
and general
reference]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
Yes
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION