Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
November 1-5, 1999
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
11-1 EX 74/643,553 CIBER, Inc.
11-1 OPP 91,238 Reebok Int'l. Ltd.
amd Reebok
Sports Ltd. v.
Konstantin
11-2 EX 75/131,355 Dial A Mattress
Operating Corp.
11-3 OPP 96,375 Jim Peterik and
(R) Frank M.
Sullivan, III v.
Jimmy Jamison
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether the Refusal "CIBRCASE"
matter appli- Affirmed [computer software
cant seeks to development and
register func- support services
tions as a for manufacturing
service mark and service
for the companies, namely,
services development of
recited in customized appli-
the cation software
application and programming,
loading, and up-
dating software]
2(d) Opposition "REEBOK" "REEBA"
Sustained [athletic shoes, (and design)
clothing, sport [card game]
bags, retail store
services in the
field of clothing,
shoes, sports
accessories, etc.]
2(e)(1) Refusal "1-800-
[generic- Affirmed M-A-T-R-E-S-S"
ness]; (on both [telephone
whether grounds) shop-at-home
applicant's retail services
mark has in the field
acquired dis- of mattresses]
tinctiveness
under
Sec. 2(f)
2(d) Request for "SURVIVOR" "SURVIVOR"
[priority]; Reconsidera- [entertainment [entertainment
abandonment tion Denied services in the services in the
[affirmative (Opposition nature of a vocal nature of a vocal
defense] Sustained) and instrumental and instrumental
music group] music group]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
Yes
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION