Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
April 29-May 3, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
4-29 EX 74/457,904 Miles A. Galin
5-1 EX 74/479,422 HWE, Inc.
5-1 EX 74/413,263 Demos, Inc.
5-1 EX 74/338,119 Emerson Apparatus
Co., Inc.
5-3 EX 74/429,129 Komda Ltd.
5-3 EX 74/277,046 National Endowment
for Financial
Education
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "PHACOFORM"
Affirmed [intraocular
(but only on lenses]
basis of the
cited
registration
of the mark
"PHACOFIT")
de jure Refusal configuration of a
function- Affirmed foot massager
ality; (on both [foot massagers]
distinc- grounds
tiveness asserted)
under
Sec. 2(f)
2(d) Refusal "DEMOS BASTING-
Affirmed BAR-B-Q-
SEASONING SAUCE"
(and design)
[basting, bar-b-q
and seasoning
sauce sold
through retail
grocery outlets]
2(d) Refusal "EMERSON APPARATUS"
Affirmed [quality control
test apparatus,
namely, paperboard
cutters and
compression
testing apparatus
for determining
the strength of
paperboard, for
use by corrugated
paperboard
manufacturers]
Section 44 Refusal "KOMDA"
application: Affirmed (and design)
whether the (on both [bicycles,
mark shown grounds) tricycles,
in the drawing strollers]
originally
filed is a
substantially
exact
representation
of the mark
shown in
applicant's
foreign
registration;
whether
the mark
shown in the
amended
drawing is
a material
alteration of
the mark shown
in the drawing
originally filed
whether Refusal "INSTITUTE FOR
applicant's Reversed RETIREMENT
asserted PLANNING"
mark is [educational
capable of services,
registration namely,
on the Supp. conducting
Register self-study
courses in
the field of
financial
planning, etc.]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"PHACOFLEX" and No
"PHACOFIT"
[intraocular lenses]
No
"DEMOS" No
(and design)
[restaurant services
specializing in Greek
food]
"EMERSON" No
[pulp and paper
machinery, namely,
Jordan engines, Jordan
engine couplings,
jackets, control systems,
magnetic separators,
shower pipes and
pulpers]
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION