Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
July 21-25, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
7-21 EX 74/584,732 Friends in the West
7-21 EX 74/606,357 Center for Medical
Surgical Hair
Restoration, P.C.
7-21 EX 74/611,247 Rieke Corp.
7-22 OPP 94,915 NBC Fourth Realty
Corp. v.
T. J. Bailey, Inc.
7-22 EX 74/451,409 Brown & Williamson
Tobacco Corp.
7-22 EX 74/570,031 Ameritec Corp.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Refusal "AFRICAN
Affirmed CHILDREN'S
CHOIR"
[charitable fund
raising services,
featuring a choir]
2(e)(1) Refusal "LASERGRAFT"
Affirmed [surgical hair
transplant ser-
vices]
whether the Refusal configuration of a
matter asser- Reversed closure flange,
ted for reg- (but appli- which is crimped
istration has cation held in place within an
become dis- 60 days for embossment of a
tinctive as a submission of metal drum [con-
trademark, new drawing tainer closures
under and new installed in metal
Sec. 2(f) description drums-namely, a
of mark) crimped-in-place
flange and drum
and embossment
combination]
2(d) Opposition "T. J. MAXX" et "T. J. BAILEY"
Dismissed al. [department [men's clothing
store services, retail store
featuring services]
apparel, etc.]
2(d) Refusal design consisting
Reversed of two concentri-
cally-displayed
six-sided figures
[cigarettes]
2(d) Refusal "NIAGARA"
Reversed [telecommunica-
tions call
generators and
simulators]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
No
No
design consisting No
of two concentri-
cally-displayed
five-sided figures
(with open
corners)
[cigarettes]
"NIAGARA" No
[electrical transformers]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION