Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
8-17 EX 74/691,008 Kason Industries,
Inc.
8-17 EX 75/194,506 New York
Fragrance, Inc.
8-17 EX 74/268,952 Ocean Divers, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
de jure Refusal configuration of
function- Affirmed the housing and
ality; (on both roller arm of a
whether the grounds) door closer that
matter appli- is attached to a
cant seeks to door [metal door
register has closers]
become dis-
tinctive
under
Section 2(f)
2(d) Refusal "AMERICAN EAGLE"
Affirmed [perfumes,
(as to colognes,
both cited shampoos, body
registra- powder, toilet
tions) water, hair con-
ditioner, after
shave lotion, and
shaving cream]
Section 6 Refusal "OCEAN DIVERS"
disclaimer Affirmed (and design)
requirement [arranging
(of the excursions for
phrase OCEAN tourists in the
DIVERS) field of under-
water diving;
restaurant, bar,
retail gift
and dive shop
services]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"AMERICAN EAGLE No
OUTLET"
[discount store services
in the field of clothing,
footwear and
accessories] and
"AMERICAN EAGLE
OUTFITTERS"
[clothing, leather and
rubber boots and soles,
leather care products,
necklaces, earrings,
wristwatches,
stationery, calendars,
compasses, flashlights]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION