Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
March 13-17, 2000
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
3-13 EX 75/123,524 Hyder PLC
3-13 EX 75/201,749 Jolly Tundra, Inc.
3-13 EX 75/089,625 Cuba GmbH Int'l.
Marketing Concept
3-13 EX 75/162,058 Aiwa Co., Ltd.
3-14 EX 75/193,373 The Ferry Cap &
Set Screw Co.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(4) Refusal "HYDER"
Affirmed [a variety of
services in a
number of fields,
including
construction,
engineering, power
distribution and
waste treatment]
2(d) Refusal "JOLLY KIDZ!"
Affirmed (and design)
[children's
outerwear]
2(e)(1) Refusal "SHAPE CD"
Affirmed [house mark for
CD-ROMs with
interactive multi-
media programs or
interactive
media software;
booklets,
pamphlets, and
manuals for
explaining or
describing the
CD-ROMs above]
2(e)(1) Refusal "EXPANDED STEREO
Affirmed IMAGING SYSTEM"
[headphone
stereos]
2(d) Refusal "FC"
Affirmed [metal fasteners,
(as to namely, cap
both cited screws, set
registra- screws, bolts and
tions) studs]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"JOLLY" No
(and design)
[athletic shoes]
No
No
"FC" No
(positioned on the head
of applicant's bolts)
[stud bolts and small
round head bolts made
of metal];
"FC"
(in stylized lettering)
[steel foundation rods,
steel anchor bolts, and
steel fasteners, namely,
hex bolts and heads
therefor]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN