Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
February 14 - February 18, 2000
Date Type of Proceeding
Issued Case(1) or App'n No. Party/Parties
2-14 OPP 107,354 S Industries, Inc.
(SJ) and Central Mfg.
Co v. Duron, Inc.
2-16 EX 75/243,307 MBM Co., Inc.
2-16 EX 75/117,256 HealthFirst, Inc.
EX 75/117,694
2-16 EX 75/348,130 Simoniz USA,
Inc.
2-16 EX 75/184,786 Forecast Trading
Corp.
Opposer's/Petitioner's
Mark and
Issue TTAB Decision Goods/Services
2(d) Opposition "TERMINATOR"
Dismissed [sporting goods]
[Summary judge-
ment granted to non-
moving party]
2(a) Refusal Reversed
[geographically
deceptive];
2(e)(3)
2(d) Refusal Affirmed
(in both cases)
2(e)(1) Refusal Reversed
2(e)(1) Refusal Affirmed
Applicant's/ Citable as
Respondent's Mark and Mark and Goods Cited Precedent of
Goods/Services by Examining Attorney TTAB
"TERMINATOR" No
[house paint primers for
covering stains];
"LIMOGES" No
[jewelry, not including
ceramic jewelry]
"HEALTHFIRST" "HEALTHFIRST" No
(and design) [administration of
and empolyee health care
"HEALTHFIRST benefit plans]
`WHERE THE CARE
STARTS'"
(and design)
[both marks for primary
health care services]
"WASH CLOCK" No
[computerized soap
dispenser for identifying
individuals and recording
the times when the
individuals wash
themselves]
"ORIGINAL ENGINE No
MANAGEMENT"
[mail order catalog
services featuring
automobile parts, namely,
engine control
components]
(1)EX5EX PARTE APPEAL; OPP5OPPOSITION; CANC5CANCELLATION; CU5CONCURRENT
USE; (SJ)5SUMMARY JUDGMENT; (R)5REQ. FOR RECONSIDERATION; (MD)5MOTION
TO DISMISS; (MR)5MOTION TO REOPEN