Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
March 30 - April 3, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
1-4 EX 75/120,143 Ed Tucker
Distributor, Inc.
1-5 EX 74/711,715 De Ster Corp.
EX 74/711,899
EX 74/721,195
1-5 EX 75/168,250 Heartstent Corp.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "BIKE IN A BOX"
Affirmed [rolling chassis
for a custom
motorcycle sold
in a kit of pre-
packaged parts]
whether Refusal configurations of
applicant's Affirmed three storage
three (in all three containers
product con- applications) [plastic
figurations containers for
have acquired food storage]
distinctive-
ness as
trademarks
[Sec. 2(f)]
2(e)(1) Refusal "HEARTSTENT"
Reversed [medical implants
used to perform
coronary bypass
surgery, namely,
rigid conduits for
surgical implanta-
tion for creating
a fluid passageway
between heart
ventricle and
coronary artery
downstream from a
coronary obstruc-
tion]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"BRAKE-IN-A-BOX" No
[brake structural and
replacement parts]
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION