Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
June 24-28, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
6-24 EX 74/424,787 TR Financial Corp.
6-26 EX 74/315,351 Boy Scouts of
America
6-26 OPP 91,963 CCA Industries,
Inc. v.
Dena Corp.
6-28 EX 74/378,083 Buffs-N-Puffs,
Ltd.
6-28 EX 74/434,124 Franklin & Co.
6-28 EX 74/537,725 J.P.R.
Enterprises, Inc.
6-28 OPP 86,988 Alaskan Brewing &
Bottling Co. v.
John Mason Oney
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal design of a rose
Affirmed [banking services]
whether the Refusal "SCOUT OATH-ON
matter Affirmed MY HONOR I WILL
asserted for DO MY BEST TO DO
registration MY DUTY TO GOD
functions as AND MY COUNTRY
a trademark AND TO OBEY THE
and service SCOUT LAW; TO
mark for the HELP OTHER
goods and PEOPLE AT ALL
services TIMES; TO KEEP
recited in MYSELF PHYSICALLY
the application STRONG, MENTALLY
AWAKE, AND MORALLY
STRAIGHT"
[framed
certificate
plaques;
association
services in the
nature
of promoting an
organization
for boys,
and the
guidelines and
attitudes in
connection
therewith]
2(d) Opposition "WASH 'N CURL"
Sustained [hair shampoo]
2(d) Refusal "CARPET
Affirmed EXPRESS"
[motor vehicle
carpet
and upholstery
cleaning
preparations
sold only
directly to,
and for use by,
professional motor
vehicle washing
and detailing
establishment
and not for retail
sale to the
public or for
residential use]
2(d) Refusal "FRANKLIN & CO.
Affirmed OPTICIANS"
[optician
services]
whether the Refusal "PLYOTONIC"
matter Affirmed [physical fitness
asserted for instruction]
registration
functions as
a service
mark for
the services
recited in
the application
2(d) Opposition "ALASKAN" "ALASKAN
Dismissed [beer and ale]; GLACIER WATER
"ALASKAN PALE -- WE CAN'T GIVE
ALE" YOU OUR AIR BUT
(and design) WE CAN GIVE YOU
[ale]; OUR WATER"
"ALASKAN AMBER (in stylized
BEER" presentation)
(and design) [glacier water]
[beer]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
design of a rose No
[mutual fund investment
and advisory services]
No
No
"CARPET EXPRESS" No
[carpet or upholstery
cleaning preparations;
carpet or cleaning
machines; rental of
carpet or upholstery
cleaning machines;
cleaning carpets or
upholstery]
"F O -- FRANKLIN No
OPTICAL COMPANY
-- PRESCRIPTION
OPTICIANS SINCE
1933"
(and design)
[eyeglasses; optician
services]
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION