  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

			 January 28 - February 1, 2002


   				
Date		Type of		Proceeding			
Issued		Case (1)	or App'n No. 		Party/Parties

1-28		EX		75/468,354		Sunex 
		(R)					International,
							Inc.

1-28		OPP		115,484 		Slim-Fast Foods 
							Co., Lipton 
							Investments, Inc, 
							and Conopco, Inc. 
							v. Slim USA, Inc.

1-28		EX		75/315,021		William J. Hardie

1-29		EX		75/502,332		Modular 
							International, 
							Inc.

1-29		EX		75/514,898		The Dayton Power 
		EX		75/514,899		and Light Co.



				Opposer's/		Applicant's/
				Petitioner's		Respondent's
		TTAB		Mark and		Mark and
Issue		Decision	Goods/Services		Goods/Services

2(d)		Request for 				"HEAVY HITTERS" 
		Recon-					[power driven 
		sideration 				heavy duty impact 
		Denied					wrenches for 
		(Refusal 				professional 
		Affirmed)				mechanics in the 
							automotive 
							aftermarket]

2(d)		Opposition 	"SLIM-FAST" 		"SLIM FATS" 
		Sustained	[dietary 		[vitamin and 
				meal replacements,	mineral dietary 
				nutritional bars, 	supplements]
				and other dietary 
				products]		

genericness; 	Refusal 				"HOOTENANNY" 
whether, if 	Affirmed				[entertainment 
not generic, 	(on 					services in the 
applicant's 	grounds of 				nature of live 
mark has 	genericness 				musical 
acquired 	and lack of 				performances]
distinctive-	acquired 
ness under 	distinctive-
Section 2(f)	ness) 					

2(e)(1)		Refusal 				"LINEARS" 
		Affirmed				[recessed 
							wall and ceiling 
							electric lighting 
							fixtures]

2(d)		Refusal 				"DPL ENERGY 
		Affirmed				WAY TO GO" 
							(and design) and 
							"DPL ENERGY" 
							[both marks for 
							distribution and 
							transmission of 
							energy]



Mark and					Citable as
Goods Cited by			                Precedent
Examining Atty.					of TTAB
	
"HEAVY HITTER" 					No
[hand tools, namely, 
hammers, axes, mallets, 
sledgehammers, and picks]			

						No

						No

						No

"D P & L" 					No
[public utility 
services, namely, 
supplying electricity, 
gas and steam]


(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
