Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
November 24-28, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
11-24 EX 74/435,11 San Pasqual's,
Inc.
11-25 EX 74,620,198 Sports Heritage,
U.S.A. Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "PASQUAL'S
Affirmed SALSARIA"
(but only [restaurant take-
as to those out and catering
three cited services featuring
registrations Southwestern,
that include Santa Fe and Mexi-
restaurant can foods;
services in and retail store
the recita- services featuring
tion of Southwestern,
services) Santa Fe and Mexi-
can foods and
food-related
items, namely,
corn husks, pots,
pans, and
utensils]
2(d) Refusal "PHILADELPHIA
Affirmed BLAZERS"
[clothing, namely,
t-shirts, sweat-
shirts, jerseys,
hats/caps, and
sport shirts]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
two registrations for the No
mark "PASQUALE'S"
(in stylized lettering),
plus a graphic
representation of a chef
[one registration for
restaurant services and
one for various food
items];
two registrations for the
mark "PASQUALE'S"
(in stylized lettering)
[one registration for
restaurant services and
one for various
food items];
and one registration for
the mark
"PASQUALE'S"
(in different stylized
lettering from the cited
registrations, above)
[pizzas, spaghetti, pasta
and Italian-style
sandwiches for
consumption on and off
the premises and
restaurant services]
"BLAZERS" No
[a wide array of apparel
including t-shirts, sweat
shirts, jerseys, hats and
sport shirts]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION