Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
October 12-16, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
10-13 EX 75/134,262 SmithKline
Beecham Corp.
10-16 OPP 91,912 International
Computer Ltd. v.
JRL Enterprises,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1); Refusal "TIMEPILLS"
whether mark Affirmed [pharmaceutical
is regis- (on all preparations for
trable under grounds) the alleviation of
Sec. 2(f); the symptoms of
requirement the common cold
for addition- and allergies]
al informa-
tion under
Rule 2.61(b)
2(d); Opposition "ICL" "ICL"
counter Sustained; [computer hard- [training system
claims to counter-claim ware; computer comprising
cancel one of to cancel programs; computer computer hardware
opposer's denied; engineering and and software for
pleaded reg- counter-claim programming ser- use as an educa-
istrations on to restrict vices; training tional classroom
ground that under Sec. 18 personnel of users aid and indepen-
recited denied of computers in dent, self-testing
services are the operation and/ and learning tool
merely inci- or programming of for students]
dental to computers, etc.]
sale of
opposer's
goods and not
proper sub-
ject for
service mark
registration;
counterclaim
to restrict
opposer's
registrations
under Sec. 18
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION