Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
February 12-16, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
2-13 EX 74/443,190 Gotham Apparel
Corp.
2-13 EX 74/395,722 Helux Trading Co.,
Ltd.
2-13 EX 74/474,905 Magic Hat Brewing
Co. & Performing
Arts Center, Inc.
2-13 EX 74/318,680 S. Freedmann &
Sons, Inc.
2-13 EX 74/344,966 Pillowtex Corp.
2-13 OPP 81,275 David F. Roth v.
OPP 81,944 Larry Levine
2-14 EX 74/225,800 Kingston
Technology Corp.
2-14 EX 74/228,614 Henry Co.
2-14 EX 74/413,168 Kelser Ltd.
EX 74/413,168
2-14 EX 74/342,497 Six Flags Theme
Parks, Inc.
2-14 EX 74/358,995 Ralph Garcia
2-15 CANC 17,554 Virginia L.
CANC 18,038 Stocker
and William L.
Perry v.
General Conference
Corp. of
Seventh-Day
Adventists
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "COTTONMANIA"
Reversed (and design)
[clothing
composed in
either whole or
substantial part
of cotton, namely,
sweaters,
T-shirts,
sweatshirts,
jackets, vests and
pants for men,
women and
children]
2(d) Refusal "SONIC"
Affirmed [watches and parts
and fittings
therefor]
Section 6 Refusal "MAGIC HAT"
disclaimer Reversed [condoms]
requirement
[of word
"HAT"]
2(d); Refusal "PARTY MART"
Section 6 Reversed (and design)
disclaimer (on both [retail store
requirement grounds) services
(of word in the field
"MART") of paper and
plastic party
supplies]
2(d) Refusal "GOODNIGHT PILLOW"
Affirmed [pillows]
2(d); Opposition "FUZZBALL" "FUZZ-BALLS"
counter- Dismissed [dolls and clothing [iron-on heat
claim on (because of items, including transfers];
grounds of opposer's t-shirts with decals] "FUZZBALLS"
abandonment failure [greeting and note
to prove cards, posters,
proprietary dress sets
rights consisting of
in its dresses and
pleaded bottoms or
mark); pantaloons]
Counterclaim
for
Cancellation
Granted
2(d) Refusal "DATA KEEPER"
Affirmed [digital audio
(but only as tape drives for
to cited use with
registration a personal
of mark computer or work
"DATAKEEPER") station]
whether Refusal "#1 CHOICE OF
applicant's Reversed PROFESSIONALS"
mark has [roof cements and
become coatings, etc.]
distinctive
under
Section 2(d);
whether
the matter
asserted for
registration
is used
as--and
functions
as--a
trademark
for the goods
identified
in the
application
2(d) Refusal "RE-MARKABLE VIDEO
Affirmed TAPE MARKING
(in both SYSTEM" and
cases) "REMARKABLE"
[both marks for a
marking system
comprising a self-
contained opaque
sketching or
writing screen and
pen used in
connection
therewith
for use in
labeling
video tapes]
2(d) Refusal "THE WORLD OF
Affirmed FUN NOT A WORLD
AWAY"
[entertainment
services, namely,
theme park
services]
2(a) Refusal "FRIG EWE"
[immoral or Affirmed (and design)
scandalous [envelopes,
matter] stationery,
bumper stickers,
greeting cards,
audio and video
tapes, books,
t-shirts, hats,
board games,
computer game
programs,
inflatable
float mattresses,
stuffed animals,
etc.]
genericness; Petition "SEVENTH-DAY
fraud to Cancel ADVENTISTS"
Denied [religious books,
(in both magazines,
cases) pamphlets,
newsletters,
brochures,
encyclopedias,
dictionaries,
commentaries,
fliers,
bulletins,
yearbooks,
booklets
and bibles;
administration
of employee
health care
and benefit
programs
and medical
insurance
programs;
educational
instruction
services in
academics
at grade
school, high
school and college
level; film
production and
distribution
services;
health care
services, namely,
hospital, dental,
pharmaceutical,
nursing home, and
medical laboratory
services;
conducting
religious
observances
and missionary
services]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"MANIA" No
[socks and hosiery]
"CHRONO SONIC" No
[electronic watches]
No
"THE PARTY No
SUPERMARKET"
(in stylized lettering)
[retail store and
distributorship services
in the field of party
supplies, party favors
and novelty items]
"GOOD NIGHT" No
[mattresses and box
springs]
No
"DATAKEEPER" No
[data terminals for
entry, validation,
storage and display of
data and
communication of
data to a central
computer system];
"DATAKEEPER CENTRAL"
[computer software
for collecting
information from
data-collecting
hardware and adapting
the same in format
useful for billings,
order entries, time and
attendance functions,
labor costing, job
costing and factory
data collection]
No
"RE-MARKABLES" No
(in stylized lettering)
[multiple function card
that can be written on
and erased]
"WORLD OF FUN" No
(and design)
[amusement park
services]
No
Yes
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION