Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
March 23-27, 1998
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
3-23 EX 74/684,146 Rose Tree Gallery,
Inc.
3-24 CANC 22,249 Clear Choice,
Inc. v. Mission
Kleensweep
Products, Inc.
3-24 EX 74/602,204 Royal Appliance
Mfg. Co.
3-25 EX 74/543,143 Sport-Design,
Inc.
3-26 EX 74/554,300 Captain Morgan's
Retreat, Ltd.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "TOOTSIE"
Affirmed (in stylized let-
tering)
[dolls, doll
clothes, doll
shoes, doll hats,
and doll story
cards]
2(d) Petition "CLEAR CHOICE" "CLEAR CHOICE"
to Cancel [cleaner, stain [all purpose
Granted and spot remover cleaner degreaser,
for carpets] spot and stain
remover]
2(e)(1) Refusal "MAXIMUM
Affirmed VACUUM POWER"
[electrical vacuum
cleaners for both
domestic and
industrial use]
2(d) Refusal "STARS OF
Affirmed TOMORROW"
[children's sports
products, namely,
baseballs, base-
ball bats and
gloves, tennis
rackets, foot-
balls, basketballs
and soccer balls]
2(d) Refusal "CAPTAIN MORGAN'S
Reversed RETREAT"
[resort and hotel
services, in-
cluding activities
such as boating,
scuba-diving,
tours, fishing,
swimming, snork-
ling and
restaurant serv-
ices featuring
gourmet dining]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"TOOTSIETOY" No
[miniature toys, namely,
automobiles, boats,
dishes, doll-houses,
bedroom suites,
diningroom sets, etc.]
No
No
"STAR OF No
TOMORROW"
[golf clubs]
"CAPTAIN MORGAN'S SEAFOOD" No
[restaurant services]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION