Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
April 28 - May 2, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
4-28 EX 74/453,230 John Michaels,
(R) Inc.
4-28 EX 74/600,065 Synthetic
Industries,
Inc.
4-30 EX 74/399,457 Fleetguard, Inc.
4-30 EX 74/462,760 Celliers du
Monde, Inc.
5-1 OPP 97,637 Aquion Partners
(SJ) Ltd. Partnership
v. Envirogard
Products Ltd.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Request for "MICHAEL'S"
Reconsider- [frozen custard]
ation Denied
[Refusal
Affirmed]
2(e)(1) Refusal "EC-DESIGN"
Reversed [computer software
programs for the
design of geosyn-
thetics including
geotextiles and
erosion control
materials]
2(e)(1); Refusal "SEPARATION
whether Reversed TECHNOLOGIES"
matter asser- [Board finds [elements for
ted for reg- acquired dis- hydraulic
istration tinctiveness machinery and
has acquired under Sec. land vehicles]
distinctive- 2(f)]
ness under
Sec. 2(f)
2(d) Refusal "CABALLERO DE
Affirmed CHILE"
[wine]
2(d); Cross-motions "RAINSOFT" "RAINFRESH"
laches for Summary [water con- (and design)
defense Judgment ditioning [water filters
Denied equipment, and purifiers]
including
water fil-
ters and
water
treatment
equipment]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"MICHAEL'S" No
(and design)
[restaurant services]
No
No
"CABALLERO DE LA No
CEPA"
[wines]
Yes
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION