Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
March 9-13, 1998
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
3-12 EX 74/653,638 American Urban
Radio Networks
3-12 EX 74/735,962 Pierre Fabre Sante
3-12 EX 74/591,655 A.P.S., Inc.
3-12 EX 74/707,015 Sage Mfg. Corp.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
Section 6(a) Refusal "USA MUSIC
disclaimer Affirmed MAGAZINE"
requirement [raidio broad-
(of the words casting services
"MUSIC MAGA- and entertainment
ZINE") services in the
nature of radio
programs in the
field of news,
sports, and enter-
tainment]
2(d) Refusal "PHYTAROMA"
Reversed [medicated prepa-
rations for skin
care, hygiene and
diseases, for the
prevention and
treatment of
respiratory and
digestive problems
and diseases,
antalgic prepara-
tions, digestive
and circulatory
tonics, dietary
food supplements]
2(d); Section Refusal "AMERICA'S PARTS
6 disclaimer Affirmed PROS"
requirement (but only as [retail auto parts
(of words to Sec. 6 store services]
"AMERICA'S disclaimer
PARTS") requirement)
2(d) Refusal design mark
Affirmed [luggage and car-
rying bags;
clothing, namely,
shirts, hats and
gloves, and outer-
wear, namely,
jackets and vests]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"PHYTAROMES" No
(and design)
[essential oils
for personal use]
"THE PARTS PROS" No
[distributorship
services in the field of
replacement parts for
vehicles]
design mark No
[men's and women's
clothing, namey,
t-shirts, sweat shirts,
skirts, pants, sweat
pants, jackets, blouses,
dresses, polo shirts,
socks, tunics, belts,
sweaters, and capes]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION