United States Patent and Trademark Office OG Notices: 26 March 2002

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
                             February 11-15, 2002



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

2-12            OPP             112,571                 Magno-Humphries
                                                        Laboratories, Inc.
                                                        v. Leiner Health
                                                        Products Inc. and
                                                        Leiner Health
                                                        Services Corp.

2-12            EX              75/153,801              Stephanie M.
                                                        Fredericks

2-13            EX              75/848,515              Accu-fit
                                                        Clubfitting Inc.

2-13            EX              75/894,470              Tone Products, Inc.

2-13            EX              75/464,801              Gary R. Johnson


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

2(d)            Opposition      "OPTIMUM"               "OPTIMUM SOURCE"
                Sustained       [dietary and            [vitamins and
                                nutritional             dietary food
                                supplements]            supplements]

2(d)            Refusal                                 "FLORENA"
                Affirmed                                [toiletries,
                                                        namely, non-
                                                        medicated creams
                                                        for face, hands,
                                                        body and feet,
                                                        personal
                                                        deodorants, non-
                                                        medicated shampoo
                                                        and conditioner]

2(e)(1)         Refusal                                 "SWING COEFFICIENT"
                Reversed                                [services in the
                                                        area of fitting
                                                        golf clubs for
                                                        individuals]

2(d)            Refusal                                 "PIT BOSS"
                Affirmed                                [steak sauce and
                                                        barbecue sauce]
whether the     Refusal
applicant's     Affirmed                                "GLIDETEXT"
identification                                          [printed text that
of goods is                                             may be used in all
acceptable                                              types of printed
                                                        materials;
                                                        electronic text
                                                        that may be used in
                                                        all types of
                                                        electronic
                                                        publications]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

                                                No

"FLORENE"                                       No
[perfume and cologne, skin
soaps, essential oils for
use in manufacturing
cosmetics and perfume,
and cosmetics, namely,
foundation make-up,
blushes and eyeliners]

                                                No

"PIT BOSS"                                      No
[restaurant and pub services]
                                                Yes


(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