Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
August 16-20, 1999
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
8-16 EX 75/119,885 Ed Tucker
EX 75/119,886 Distributor, Inc.
8-17 EX 75/152,840 Moore Business
Forms, Inc.
8-17 EX 75/201,351 Gregory Speirs
EX 75/209,841
8-17 EX 75/122,699 Melon Acres, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "MOTOR IN A BOX"
Affirmed [motor for a
(in both custom motorcycle
cases) sold in a kit of
prepackaged
parts];
"TRANNY IN A BOX"
[packaged parts
used to assemble a
transmission for a
custom motorcycle]
2(d) Refusal "MIDAS"
Affirmed [design and
consultation
services relating
to the integration
of equipment used
to automate docu-
ment production]
2(d) Refusal two marks
Affirmed incorporating:
(in both the word "SKULLY"
cases and and different
as to both design elements
cited regi- [both marks for
strations) tee shirts,
jackets, shorts,
boxer shorts,
sweatshirts,
sweatpants,
neckties, tank
top shirts, socks
and sneakers]
2(d) Refusal "MELON ACRES"
Reversed [fresh fruits
and vegetables]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"BRAKE IN A BOX" No
[brake structural
and replacement parts]
"MIDAS No
TECHNOLOGY"
[computer programs for
use in multiple
document processing in
personal computers in
the legal and
accounting fields of the
business and industry
and governmental
markets, excluding the
banking field in those
markets]
"SKULLYS" No
[men's hats and caps];
"SCULLY"
(in stylized lettering)
[coats and jackets]
"BLUEBERRY ACRES" No
(and design)
[fresh blueberries]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION