Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
January 5-9, 1998
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
1-6 OPP 96,771 Office Express,
Inc. v. Indepen-
dent Stationers,
Inc.
1-6 EX 74/620,616 Sports Heritage,
U.S.A. Inc.
1-7 EX 75/020,313 Calrio Corp.
1-7 EX 74/657,225 Integrated Health,
Inc.
1-8 EX 74/508,101 Deutsche Star GmbH
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "OFFICE EXPRESS" "OFFICE PLUS
Sustained [retail store EXPRESS"
services in [retail and mail
the field of order store ser-
office products] vices in the
fields of office
supplies, furni-
ture and office
equipment, and
computers and com-
puter equipment;
catalog services
featuring office
supplies, furni-
ture and office
equipment, and
computers and com-
puter equipment;
printing and de-
signing business
cards, forms and
rubber stamps for
others]
2(d) Refusal "BOSTON
Affirmed PILGRIMS"
[t-shirts, sweat-
shirts, jerseys,
hats/caps, sport
shirts, and
jackets]
2(d) Refusal "LADY ESSENCE"
Affirmed [body shapers]
2(d) Refusal "VIVA LIFT"
Affirmed [nutritional
(as to both supplements, name-
cited regis- ly, vitamins,
trations) amino acids and
combinations of
same]
2(e)(1) Refusal "RAIL SEAL"
Reversed [cover strips for
linear bearing
rails]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"PILGRIM" No
[shirts, pants, jackets,
sweaters, coats, shorts,
skirts, dresses, blouses
and hats]
"ESSENCE" No
[panty hose and t-shirts]
"VIVA SHIELD" No
[vitamins and food
supplements] and
"VIVA FOR LIFE"
[vitamins and food
supplements]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION