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