Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
August 19-23, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
8-19 EX 74/330,564 U.S. Healthcare,
Inc.
8-20 EX 74/393,436 BC Int'l. Cosmetic
(R) & Image Services,
Inc.
8-20 EX 74/472,582 Friedman's Inc.
8-21 EX 74/298,034 Sport Fun, Inc.
8-21 EX 74/356,809 Eidetics Int'l.
8-21 EX 74/480,441 Progressive Games,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "HEALTHY EATING"
Affirmed [health care
services, namely,
individualized
consultation in
the field of
diet and
nutrition,
excluding
psychiatric and
psychological
consultation
for eating
disorders,
provided to
members of
applicant`s
health care
plans]
2(e)(1) Request for "BODY GLUE"
Reconsideration [adhesives to
Denied (Refusal affix clothing
Affirmed) to the skin]
2(d) Refusal "REGENCY JEWELERS"
Affirmed [retail jewelry
stores]
2(d) Refusal "FUTURE PRO"
Affirmed [volleyball sets,
tetherball sets,
hockey sticks
for hockey,
punching bags and
floor stands for
punching bags]
2(e)(1) Refusal "VIRTUAL RADAR"
Reversed [flight training
software]
whether the Refusal "1-800-759-GAME"
matter Affirmed [casino gaming
asserted for services]
registration
functions as
a service
mark or,
rather, only
as a telephone
number;
whether the
matter
asserted for
registration
is used to
identify and
distinguish the
services
recited in the
registration;
2(e)(1)
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"HEALTHY EATING No
LIFESTYLE PROGRAM"
[psychiatric and
psychological
counseling services for
the treatment of
individuals with eating
disorders]
No
"THE HELBROS No
REGENCY"
(and design)
[watches]
"FUTURE PRO" No
[golf clubs]
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION