Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
November 2-6, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
11-4 EX 75/148,395 Moore Business
Forms, Inc.
11-4 EX 75/061,117 American Home
Improvement
Products, Inc.
11-6 EX 74/688,234 Miavana
(R) Wholesale Co.
Inc.
11-6 EX 74/663,449 U.S. Cargo, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "LANDMARK VISTA"
Reversed [pre-recorded
computer programs
related to real
estate sold to
real estate agents
and sales people]
Section 6(a) Refusal "AMERICAN HOMEPRO"
disclaimer Affirmed [distributorships
requirement of home improve-
(of "geo- ment products such
graphically as windows, doors,
descriptive" awnings, patio
word "AMER- covers, patio
ICAN") enclosures, vinyl
siding and kitchen
cabinets]
2(e)(4) Request for BATEY
Reconsidera- [canned vege-
tion Denied tables, dried
[Refusal beans, fruit
Affirmed] drinks and non-
alcoholic malt
based beverage,
namely, malta]
2(e)(2) Refusal "U.S. CARGO"
Affirmed [towable trailers
for carrying
cargo and vehicles
and for commercial
purposes]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"LANDMARK CORPORATION" No
(and design)
[general real estate
brokerage services]
No
No
Yes
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION