Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
June 26-30, 1995
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
6-27 EX 74/263,824 Gruppo Italiano
Vini
S.c.a.r.l.
6-29 EX 74/235,885 O & P Systems,
Inc.
6-29 EX 74/403,856 Jan's Ltd.
EX 74/403,858
6-29 EX 74/276,621 Terra Int'l. Inc.
6-29 EX 74/398,728 Access Medical
Systems, Inc.
6-29 EX 74/384,917 Nabisco Brands,
Inc.
6-29 OPP 84,601 Jimboy's Tacos,
(R) Inc. v. Jimmy Boy
Pizza Corp.
6-29 EX 74/176,256 Bemis Co., Inc.
6-29 OPP 85,592 Federal-Mogul
Corp. v.
L & S Bearing Co.
6-30 OPP 80,564 Chesebrough-Pond's
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "VILLA MORENA"
Affirmed [wines and
liqueurs]
whether Refusal "BOSTON
matter Affirmed SCOLIOSIS
asserted BRACE"
for [scoliosis braces]
registration
is
registrable
on the
Supplemental
Register
2(d) Refusal "JANS MOUNTAIN
Affirmed OUTFITTERS" and
(in both "JANS MOUNTAIN
cases) OUTFITTERS"
(and design)
[both marks for
retail store
and rental
services in
the field of
recreational
equipment and
wearing
apparel]
2(d); Refusal "ASSIST"
whether Affirmed [uniform
proposed (on both distribution
amended grounds) mixture for
drawing is a pesticide
material suspensions]
alteration of
drawing as
originally
filed
whether Refusal "DST"
matter Reversed [diagnostic kits
asserted comprising
for specimen
registration receptors and
-as it reagents for
appears on the testing for
specimens of selected
record- bacteria in
functions as samples]
a trademark
for the goods
recited in the
applications
whether mark Refusal "TINGLEBERRY"
shown in Affirmed [candy]
amended (on both
drawing is a grounds)
material
alteration of
mark shown in
original
drawing;
whether mark
shown in
original
drawing is
in use in
commerce
(or is,
instead, a
mutilation of
mark used
in commerce)
2(d) Request for "JIMBOY'S" "JIMMY BOY
Reconsideration [tacos, enchiladas, PIZZA"
Denied burritos, tostados (and design)
[Opposition hand hamburgers [pizza for
Sustained] for consumption consumption on
on and off and off the
the premises] premises]
whether Refusal "AIRE-TITE"
matter Reversed [paper bag
asserted with heat-
for sealable plastic
registration liner for
is registrable packaging]
on the
Supplemental
Register
2(d) Opposition "FEDERAL MOGUL" "FEDERAL
Sustained [an extensive BEARING"
variety of [ball bearings
bearings, oil and roller
seals, and bearings]
related goods
2(d) Opposition "RAVE" "NEW RAVE"
Sustained [home permanent kit; [barrettes;
hairspray; hair hairbands;
shampoo; etc.] and hair
accessories,
namely, side
or back
combs]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"MORENA" No
[non-alcoholic, non-
carbonated beverage
containing malt, barley
and hops, non-alcoholic
malt beverage soft drink
containing malt, barley,
and hops]
No
"JANNS" No
[retail store and mail
order services in the area
of fishing products]
"ASSIST" No
[chemical additive for
pesticide formulations]
No
No
No
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION