Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
May 18-22, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
5-18 EX 74/662,708 VITA SOURCE
5-18 EX 74/568,765 American
Fertility Society
5-18 CANC 22,554 LAF Enterprises,
Inc. v. Lauren
Enterprises
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "LIGHTNING 828"
Affirmed [herbal and bo-
tanical dietary
supplements and
dietary supple-
ments containing
extracts, concen-
trates, metabo-
lites and con-
stituents of herbs
and botanicals]
whether the Refusal "AMERICAN SOCIETY
words Affirmed FOR REPRODUCTIVE
"SOCIETY FOR MEDICINE"
REPRODUCTIVE [association
MEDICINE" in services, namely,
applicant's promoting the
mark are interests of the
generic and reproductive medi-
must be cine industry]
disclaimed
under Sec. 6
whether Petition to "FRANCHISE"
registrant Cancel Denied [equipment sold
abandoned its as a unit for
mark through playing a board
non-use or game]
whether the
non-use was
legally ex-
cusable
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"GREEN No
LIGHTNING"
[powdered dietary
supplement];
"LIQUID
LIGHTNING"
[liquid dietary
supplement]
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION