Summary of Final Decisions Issued by the Trademark Trial and Appeal Board July 10-14, 2000 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 7/11 EX 74/603,891 Indena S.p.A. 7/11 EX 74/719,023 Platinum Technology, Inc. 7/12 EX 75/022,955 First Brands 75/022,957 Properties, Inc. 75/022,958 7/12 EX 75/130,696 Auto Wax Co., (R) Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services Genericness Refusal "PHYTOSOME" (Supplement- Affirmed [complexes al Register) of vegetable substances with phospholipids for use in the manufacture of cosmetics, pharmaceuticals and health foods] 2(e)(1) Refusal "MERGE/MODIFY" Affirmed [computer software for use in database design, implementation, administration and management, etc.] 2(d) "the color . . . as applied to the closure seal on the goods" [plastic bags for packaging, namely, food storage, sandwich and freezer bags, sold empty] Section 6 Disclaimer "THE PROFESSIONAL disclaimer Approved; DETAILERS' SECRET" Board [cleaning Decision of preparations, 04/28/00 waxes, and set aside polishes for use on the surface of vehicles, boats and airplanes] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No No "horizontal stripe No adjacent the bag top lined for the color red [but] no claim is made to any specific color" [plastic bags] No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION TO DISMISS; (MR)=MOTION TO REOPEN