Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
June 1 - 5, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
6-2 OPP 97,223 U.S. Olympic
OPP 97,274 Committee v.
OPP 96,029 Lifetime
OPP 96,808 Products, Inc.
OPP 97,273
OPP 97,542
(SJ)
6-2 EX 74/379,085 Storopack Hans
Reichenecker
GmbH & Co.
6-2 EX 74/575,074 H. E. Butt
(R) Grocery Co.
6-4 CANC 24,983 Christine D.
Funcik v. B.
Dazzle, Inc.
6-4 EX 74/658,141 Carolina Apparel
6-4 EX 74/628,372 Lake Norman
Chrysler-Plymouth-
Dodge, Inc.
6-4 CANC 23,598 The Scientist,
Inc. v. MicroMath,
Inc.
6-5 OPP 93,813 Rudolf Wild GmbH
& Co. KG v. 1 Uno
Espresso, Inc.
6-5 OPP 93,830 Vaughn Russell
(SJ) Candy Co. and
Toymax Inc. v.
Cookies in
Bloom, Inc.
6-5 EX 74/551,253 The Pilot Funds
6-5 EX 74/658,746 Auto Parts Club,
LLC
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Oppositions "TEAM USA" "TEAM USA"
Sustained [promoting Olympic (and design)
[motion for Games; t-shirts and [portable
summary other items of basketball
judgment clothing] standards,
granted] backboards, and
goals;
basketballs;
t-shirts and
athletic shorts;
basketball
backboards]
2(e)(1) Refusal "PAPERFILL"
Affirmed [pourable
packaging
materials for use
in shipping goods]
Sec. 6 Request for "DR. B--OUR OWN
disclaimer Reconsideration ORIGINAL--H-E-B"
requirement Denied (and design)
(of words (Refusal [carbonated non-
"OUR OWN Affirmed) alcoholic soft
ORIGINAL") drinks]
2(d) Petition to "KIDS ON THE GO" "KIDS ON THE GO"
[priority]; Cancel Granted [books] [children's
laches activity
books]
2(e)(2) Refusal "CAROLINA APPAREL"
Affirmed [retail clothing
services]
2(e)(2) Refusal "THE TRUCK CENTER
Affirmed OF THE SOUTH"
[vehicle
dealership
services]
2(d) Petition to "THE SCIENTIST" "SCIENTIST"
Cancel Denied [newspaper] [computer software
and instruction
manuals, sold as a
unit, for
performing
numerical analysis
and plotting]
2(d) Opposition "CAPRI SUN" "CAPRI"
Dismissed [fruit drinks] [whole and ground
coffee beans,
espresso and other
coffee beverages]
whether a Opposition "INCREDIBLE EDIBLES" "COOKIES IN BLOOM
contractual Sustained [confections] `INCREDIBLE EDIBLE
agreement [motion for COOKIE
between the summary ARRANGEMENTS'"
parties negates judgment (and design)
applicant's granted] [decorated
claim of a cookies]
right to use
its mark in
commerce
2(d) Refusal "THE PILOT FUNDS"
Reversed [mutual fund
investment service
offered to bank
and trust company
customers]
2(e)(1) Refusal "AUTO PARTS CLUB"
[genericness] Affirmed [discount
wholesale and
retail store
services in the
field of
automotive parts]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
No
No
No
No
No
No
Yes
"PILOT PLUS" No
[security brokerage
services, namely,
securities executions in
a brokerage account on
an annual fee basis in
lieu of commissions on
individual transactions]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION