Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
August 14-18, 1995
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
8-15 EX 74/337,765 P.I.P., Inc.
8-15 EX 74/290,900 American
Takii, Inc.
8-15 EX 74/379,810 Industrial
Electronic
Engineers, Inc.
8-15 EX 74/324,477 Wood Carvers
Supply, Inc.
8-15 EX 74/324,968 University
Hospital,
Inc.
8-15 EX 74/255,471 Connie and John
Bivens
8-15 EX 73/632,697 Int'l. Telesis
Communications
8-17 EX 74/396,007 Swing-Masters,
Ltd.
8-17 EX 74/196,302 Wheat
Technologies,
Inc.
8-17 EX 74/369,231 Surgidev Corp.
8-18 EX 74/325,613 American Needle,
Inc.
8-18 EX 74/216,432 IPR
Pharmaceuticals,
Inc.
8-18 EX 74/345,080 Valley Recreation
Products Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "P.I.P."
Affirmed [courier services
and
delivery and
freight
transportation of
goods, namely,
personal property,
general
commodities
and hazardous
materials, by
truck]
whether the Refusal "TAKII"
matter Reversed [flower and
asserted vegetable
for seeds for
registration horticultural
is a and agricultural
plant purposes]
varietal
name
(generic
term)
2(e)(1) Refusal "MEETING METER"
Affirmed [apparatus for
continuously
calculating and
displaying the
elapsed
time and
accrued cost
of meetings or
conferences]
genericness; Refusal "WOOD CARVERS
whether Affirmed SUPPLY, INC."
applicant's [but only on (in stylized
mark has the ground lettering)
become of lack of [mail order
distinctive acquired catalog services
under Sec. distinctive- featuring
2(f) ness wood carving
under Sec. supplies]
2(1)]
2(d) Refusal "ARTHRITIS
Affirmed LIFESTYLE
ENRICHMENT
NETWORK"
[conducting
courses in the
field of
arthritis
treatment;
operating a
medical center
specializing in
the treatment of
patients with
arthritis;
physical therapy]
2(e)(1); Refusal "SPORT PINS"
whether the Affirmed (in stylized
stylized lettering)
presentation [jewelry, namely,
(stylized pins, earrings
lettering) and medallions]
of the mark
is
sufficiently
distinctive
to function
as a mark
even if the
words are
held merely
descriptive
of
applicant's
goods
2(d) Refusal "INTERNATIONAL
Affirmed TELESIS GROUP"
[voice and data
telecommuniations
consulting
services]
2(d) Refusal "SWINGMASTERS"
Affirmed [retail store
services in
the field
of sports
clothing,
equipment,
and accessories]
Section 6 Refusal WHEAT
disclaimer Affirmed TECHNOLOGIES,
requirement INC."
(of wheat (and design)
design) [modified and
unmodified wheat
starch and wheat
gluten]
2(e)(2) Refusal "SURGICAL PRODUCTS
Affirmed OF AMERICA"
[implantable
ophthalmic
devices, surgical
viscous adducts,
and surgical
instruments]
whether the Refusal a design within
matter Affirmed one of
assserted for the curved
registration triangular
functions as panels on
a trademark a cap, the
for applicant's design
goods or consisting of
is, instead, tapered
mere lettering (of,
ornamentation for example,
a sports
team name)
declining
in size from
the base
to the crown
of the cap
[caps]
2(d) Refusal "IPR"
Affirmed (and design)
[medicine for
human
consumption
in tablet
form]
whether the Refusal curved, vertically
matter Affirmed extending, silvery
asserted for panel as the
registation exterior of
functions as each of the four
a trademark corners of a
for applicant's pool table
goods or [pool tables]
is, instead,
mere
ornamentation
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"PIP" No
(and design)
[insuring packages
against loss or damage
during shipment by
carriers];
"PIP PRINTING"
(and design)
[printing services]; et al.
No
No
No
"ARTHRITIS No
LIFESTYLE CENTERS"
[providing arthritis
treatment]
No
"TELESIS" No
[telephone services]
"SWINGMASTER" No
[golf clubs and covers
for golf club heads,
patterned instructional
mat and instructional
video cassette tapes
used to teach a golf
swing]
No
No
No
"IPR" No
(and design)
[pharmaceutical and
drug research]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION