Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
October 2-6, 1995
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
10-3 OPP 87,150 Excell Mfg. Co.
v. Excellent
Jewelry Co. of
New York, Inc.
10-5 EX 74/353,021 Dixie Restaurants,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "XL" "EXL"
Sustained (in stylized block [jewelry made of
lettering) and precious metals,
"XL/EXCELL" with or without
(in stylized form: precious or
"EXCELL" superimposed semiprecious
over "XL") stones]
[jewelry chains,
necklaces and
bracelets]
2(d) Refusal "THE DELTA CAFE"
Affirmed (and design)
[but only as to [restaurant
the "DELTA" services
registration) specializing in
Southern style
cuisine]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
"DELTA" and "DELTA HOTELS" No
[both marks for hotel,
motel and restaurant
services]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION