Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
May 22-26, 1995
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
5-23 EX 74/112,615 Fabita Foods, Inc.
5-23 OPP 86,708 McDonald's Corp. v.
McClain
5-23 OPP 83,875 Mack Trucks, Inc. v.
Maxfield
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether Refusal "MARGARITAS"
applicant's Affirmed [chicharrones (deep
proposed (on both fried pork rinds),
amended grounds) tortillas, and tortilla
drawing of its chips]
mark is a
material
alteration of
the mark shown
in the drawing
as originally
filed; 2(d)
2(d) Opposition "MCDONALD'S" "MC CLAIM'S"
Sustained [restaurant services] (and design)
and a family of "MC-" [legal and legal
formative marks consultation services]
[used on a wide variety
of goods and services]
2(d) Opposition "MACK" "MIGHTY MAX"
Dismissed [trucks and a variety [custom built trucks;
of vehicle-related repair services,
products and services]; conversions,
"MAXIDYNE" customizing and
[internal combustion rebuilding of new and
engines]; used trucks; retail
"AERO-MAX" truck parts and
[trucks]; et al accessory store
services]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"MARGARITA- No
ALWAYS IN GOOD
TASTE"
(and design)
[flour and processed
pepper and garlic]
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION