Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
June 17-21, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
6-18 EX 74/227,605 TDI Services Corp.
6-18 OPP 92,282 U. S. Surgical
(R) 93,670 Corp. v.
OPP Linvatec Corp.
(R)
6-18 EX 74/420,689 California
Artichoke and
Vegetable Growers
Corp.
6-18 EX 74/447,457 Minnesota
American, Inc.
6-19 OPP 91,904 Robert J. Miller
v. First Colony
Life Insurance Co.
6-19 EX 74/341,734 Travomatic Corp.
6-19 EX 74/489,761 Creative
Enterprises
6-20 CANC 21,782 JENAer Glaswerk
GmbH v. William D.
Mecca, Jr.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether Refusal "TDI SERVICES
applicant Affirmed CORPORATION"
uses the mark (on both "TECHNOLOGY
asserted for grounds) FOR THE 21ST
registration CENTURY"
in connection [installation and
with the repair for
services satellite
recited in supported
the communication
application networks,
(as shown by microwave
the specimens and infra-red
of record); communication
whether systems and
applicant's fiber optic
proffered communication
amendment to connections;
the recitation engineering and
of services design for
is acceptable satellite
-- or is, supported
rather, an communication
impermissible networks,
expansion of microwave
the original and infra-red
recitation of communication
services systems and
fiber optic
communication
connections]
2(d); Request for "GRAFTAC" "GRAFTRAC"
descriptive- Reconsideration [surgical staplers] [surgical drill
ness/distinc- Denied bits and
tiveness of (Opposition surgical
opposer's Dismissed) instruments,
pleaded mark namely, soft
tissue
protection
devices]
2(d) Refusal "GREEN GLOBE"
Affirmed [fresh vegetables]
(on the
basis of all
three cited
registrations)
2(d) Refusal "LOCKERMATE
Reversed ADJUST-A-SHELF"
[plastic pre-
assembled
legless shelf
units used
within lockers]
2(d); Opposition "LIFEIITWO" and "LIFE TWO"
affirmative Dismissed "LIFETWO" [life insurance
defense of [life insurance underwriting
abandonment brokerage services to services]
physicians]
2(d) Refusal "TC"
Affirmed (and design)
as to the [plastic molding
goods, but machines; custom
Reversed as molding and
to the decorating of
services plastic
products
for others]
2(d) Refusal "OUTER BOUNDS"
Affirmed [duffel bags and
(on the backpacks;
basis of t-shirts,
both cited hats, jackets
registrations) and sweat
suits]
2(e)(3); 2(d) Petition to "JENAerGLAS" "FROM JENA"
Cancel (and design) (and design)
Granted [glass cups, glass [optical goods,
[but only on saucers, glass namely,
2(e)(3) pitchers, binoculars,
grounds] glass plates, monoculars, opera
drinking glasses,
glasses, glass telescopes,
bowls, glass mugs, riflescopes, and
glass pans, mounting rings,
glass skillets, and tripods, camera
skillets and adapters, and
dishes made carrying
in part of glass] cases therefor]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
No
"RED GLOBE," No
"BLUE GLOBE," and
"YELLOW GLOBE"
(all three marks
rendered in stylized
lettering)
[citrus fruit]
"ADJUSTO-SHELF" No
[storage shelf adjustable
in size]
No
"TC" No
(and gear design)
[automated welding
machines and
mechanical expanding
machines for metal
components; plastic
injection molding
machines and parts
thereof; metal stamping
and assembly services in
the field of metal
fabrication systems for
others; engineering
services in the field of
metal fabrication
systems]
"OUTBOUND" No
(and design)
[knapsacks and frame];
"OUTERBOUND BY
H.M.S."
[outerwear, namely,
sweaters, stadium coats,
sweater-jackets and
jackets]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION