Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
March 20-24, 1995
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
3-20 OPP 82,407 Dunlop Slazenger
Corp. v. Wayne
Products, Inc.
3-20 EX 74/355,094 ECCS, Inc.
3-20 EX 74/193,576 Tropical Garment Mfg.
Co.
3-21 CANC 18,784 Fmali Herb Inc. v.
China National
Medicines & Health
Products Import &
Export Corp. Liaoning
Branch
3-21 EX 74/313,040 Westin Hotel Co.
3-21 EX 74/301,336 Carter-Hoffmann Corp.
3-21 OPP 86,916 Lee Addison Corp. v.
AIJJ Enterprises, Inc.
3-22 EX 74/188,248 John Morrell & Co.
3-23 EX 74/103,584 Advanced Technology
Laboratories, Inc.
3-23 CANC 21,146 White Swan, Ltd. v.
Sandoz AG et. al.
3-23 OPP 89,679 Nexxus Products Co. v.
Martin
3-23 EX 74/351,931 Quality Concepts, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "TOUR LIMITED" "TOUR LIMITED
[priority] Dismissed [golf balls] et. al. EDITION"
[golf clubs]
whether Refusal "EXAMODULE"
drawing of Affirmed [computer storage
mark may be products, namely, tape
amended backup units]
to conform [applicant sought
to actual to amend drawing of
use mark to "EXA
as shown MODULE"]
on specimens
[material
alternation]
2(a) Refusal "SILK BLUES"
[deceptive] Reversed [denim pants, shorts,
and slacks]
2(d); Petition to "RENSHENFENG-WANG- "HSIANG YANG
whether Cancel JIANG" BRAND"
applicant's Denied; (and design) (and design)
use counterclaim [ginseng and [ginseng and royal
of its mark for cancella- royal jelly jelly in a base]
was lawful; tion denied in a base]
counterclaim
based on
fraud and
unlawful use
of petitioner's
mark
2(e)(1) Refusal "SERVICE
Reversed EXPRESS"
[hotel services]
2(e)(4) Refusal "CARTERS"
[surname] Affirmed [metal containers for
the storage and
transportation of food
products]
2(d) Opposition "GOLDEN RAINBOW" "RAINBOW KIDS"
Dismissed [infant playsuits] [retail store services
in the field of
children's apparel]
2(d) Refusal "MOSEY'S STEAK-
Affirmed OUT"
[packaged meats sold
in retail channels
excluding restaurants]
2(e)(1); Refusal "HIGH
whether Affirmed DEFINITION"
applicant's [medical ultrasound
mark is apparatus for use in
registrable ultrasound imaging
under and the recording,
Section 2(f) storing, formatting
and analyzing of
ultrasound images]
2(d) Petition "SECRET GARDEN" "SECRET GARDEN"
to Cancel [decorative garden [flower seeds and
Denied products] vegetable seeds]
2(d) Opposition "NEXXUS" "MAXXUS"
Dismissed [hair care products] [hair care products]
2(e)(1) Refusal "TEMP"
Reversed [computer programs
for tracking temporary
employees within an
organization and/or
for evaluating
temporary employee
performance]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
No
No
No
No
No
No
"THE STEAK OUT" No
[restaurant and bar
services]
No
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION