Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
July 10-14, 2000
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
7/11 EX 74/603,891 Indena S.p.A.
7/11 EX 74/719,023 Platinum
Technology, Inc.
7/12 EX 75/022,955 First Brands
75/022,957 Properties, Inc.
75/022,958
7/12 EX 75/130,696 Auto Wax Co.,
(R) Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
Genericness Refusal "PHYTOSOME"
(Supplement- Affirmed [complexes
al Register) of vegetable
substances with
phospholipids for
use in the
manufacture of
cosmetics,
pharmaceuticals
and health foods]
2(e)(1) Refusal "MERGE/MODIFY"
Affirmed [computer software
for use in
database design,
implementation,
administration and
management, etc.]
2(d) "the color . . .
as applied to
the closure seal
on the goods"
[plastic bags for
packaging, namely,
food storage,
sandwich and
freezer bags,
sold empty]
Section 6 Disclaimer "THE PROFESSIONAL
disclaimer Approved; DETAILERS' SECRET"
Board [cleaning
Decision of preparations,
04/28/00 waxes, and
set aside polishes for use
on the surface of
vehicles, boats
and airplanes]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
"horizontal stripe No
adjacent the bag top
lined for the color red
[but] no claim is made
to any specific color"
[plastic bags]
No
(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