Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
May 3-7, 1999
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
5-3 EX 74/551,771 Michael Khadivar
5-3 EX 74/552,579 Michael Khadivar
5-7 EX 74/447,347 AEW, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether the Refusal vertically-orien-
configuration Affirmed ted configuration
of of an AM/FM
applicant's cassette player,
goods is an with a shallow
inherently housing and a
distinctive particular place-
trademark for ment of doors and
those goods panels
[AM/FM audio
cassette players]
whether the Refusal vertically-orien-
configuration Affirmed ted configuration
of of a compact disc
applicant's player, with a
goods is an shallow housing
inherently and a particular
distinctive placement of
trademark for panels, door, and
those goods control knobs
[compact disc
players]
Section 6 Refusal "DAPS-DISCOUNT
disclaimer Affirmed AUTO PARTS
requirement STORES"
(of words (and design)
DISCOUNT [retail auto
AUTO PARTS parts stores]
STORES)-
whether those
words are
generic and,
if not,
whether they
are distinc-
tive of
applicant's
services,
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