Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
October 26-30, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
10-30 OPP 98,191 Fossil, Inc. v.
The Fossil Group
10-30 EX 75/001,460 Shiva Corp.
10-30 EX 75/024,024 Wright Medical
Technology, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "FOSSIL" "FOSSILSCAPES THE
Sustained as [t-shirts, shirts, FOSSIL GROUP
to goods pants, skirts, STONESCAPES"
in Class 14; jackets and coats; (and design)
Opposition watches; belts; [fossil backed
Dismissed as key fobs; hand- clocks (in Class
to goods in bags; coin purses; 14); ornamental
Classes 19 tote bags; purses; fossils (in Class
and 20 billfolds; wal- 19); marble table
lets; calendars; tops (in Class
datebooks; note- 20)]
pads; posters;
diaries; paper
gift bags; three-
ring binders;
stationery;
envelopes; pens]
2(e)(1) Refusal "TARIFF
Affirmed MANAGEMENT"
[computer hardware
and computer
programs to
control, reduce
and render more
efficient wide
area network (WAN)
usage and printed
manuals sold
therewith]
2(d) Refusal "EXTEND"
Reversed [medical appara-
tus, namely,
orthopedic hip
implants]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
Yes
Yes
"X-TEND" No
[carpal tunnel supports,
elbow supports, thumb/
wrist supports, back
braces, all for medical
or therapeutic use]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION