Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
March 30 - April 3, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
3-4 EX 75/023,672 HMV Group Ltd.
3-4 OPP 100,296 Taylor Made Golf
Co., Inc. v. R & M
Golf Co.
3-5 EX 74/418,140 Nellcor Puritan
Bennett Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(4) Refusal "DILLONS"
Affirmed [retail music,
video, computer,
magazine, book and
stationery store
services]
2(d) Opposition "BUBBLE" "BALLOON SHAFT"
Dismissed [golf clubs and [golf shafts and
golf club shafts] golf clubs]
de jure Refusal knob configuration
fuctionality; Affirmed [medical instru-
whether the (but only on ments, namely,
configuration the ground of pulse oximeters]
applicant lack of dis-
seeks to tinctiveness)
register as a
trademark is
inherently
distinctive
or has
acquired
distictive-
ness through
use in
commerce,
under
Section 2(f)
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION