Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
September 9-13, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
9-9 EX 74/349,711 PNC Bank Corp.
9-9 EX 74/263,931 Cabot
Laboratories,
Inc.
9-10 EX 74/461,350 Associated
Grocers, Inc.
9-11 OPP 87,577 Quality Stores,
Inc. v. Essenburg
Car Wash of
Holland, Inc.
9-11 EX 74/475,823 SABH (U.S.) Water
Heater Group, Inc.
9-11 EX 74/423,025 John Fluevog
Shoes, Ltd.
9-13 OPP 90,346 Slim N' Trim,
OPP 95,531 Inc. v. Weight
Watchers, Int'l.
9-13 EX 74/504,865 Guardian Royalty
Corp.
9-13 EX 74/246,176 Fonte Sole Holding
AG
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether the Refusal "BASIC PLAN"
matter Reversed [banking services]
asserted for
registration
is capable of
functioning
as a service
mark for the
services
recited in
the
application
and,
therefore,
registrable
on the
Supp. Reg.
2(d) Refusal "BIOCEL"
Affirmed [cosmetics,
namely, cosmetic
creams and
lotions for face
and body]
2(d) Refusal "SPARKLE"
Affirmed [ice cream]
2(d); Opposition several marks "QUALITY" and "Q"
counterclaim Sustained; incorporating the word design [car wash
for counterclaim "QUALITY" and/or "Q" services, retail
cancellation for [retail department convenience store
on grounds cancellation store services services and
of non-use dismissed specializing in retail services
and the sale of of gasoline
abandonment automotive, and petroleum
home, and farm products]
products]
2(d) Refusal "TINY TITAN"
Affirmed [water heaters for
domestic or
commercial or
industrial use]
whether the Refusal configuration of
matter Reversed seven angels
asserted for spaced along
registration the bottom surface
functions or tread or
as a outersole of
trademark a shoe or boot and
for encircling
applicant's applicant's logo
goods or is, [shoes and boots]
instead,
merely
ornamental
matter
2(d) Both "SLIM" "WEIGHT
oppositions (and design) WATCHERS SLIM
sustained [non-fat milk]; SHAKE"
"SLIM CHEEZ" [milk-based
[cottage cheese]; powdered
"SLIM FREEZ" mixes for making
[frozen ice milk shakes; frozen
dessert]; et al. yogurt];
"SLIM SHAKE"
[meal replacement
drinks]
2(d) Refusal "GUARDIAN
Affirmed PERSONAL
SECURITY
PRODUCTS"
[mail order
catalog
services featuring
personal security
equipment]
2(d) Refusal "SOLE"
Reversed (and design)
[mineral water,
spring water,
aerated water,
natural fruit
flavored
mineral and spring
water]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
"BIO-CELLULAR" No
[cosmetics skin cream]
"SPARKLES" and No
"BRACHS SPARKLES"
[candy]
No
"TITAN" No
[portable electric space
heaters]
No
No
"THE GUARDIAN No
PROTECTION
IDENTIFIER DEVICE
PD"
(and design)
[non-lethal individual
protection device
containing calcium
spray]
"SOLE" No
[wine]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION