Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
August 14-18, 2000
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
8-14 EX 75/324,415 Nomadix, LLC
8-15 EX 75/399,617 Who? Vision
Systems, Inc.
8-15 EX 75/237,021 Franklin
Resources, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "NOMADIX"
Affirmed (and design)
[computer hardware,
recording media for
computers, namely,
partially
prerecorded disks
and diskettes for
use in tranferring
data, and software
for use in
transferring data
between computers
and computing
devices and between
computers and
recording media]
whether Refusal "TACILESENSE"
applicant Affimred [fingerprint
may amend the imaging systems,
drawing of namely, fingerprint
its mark image generator,
[material image sensor, and
alteration] image processor]
(applicant sought
to amend drawing
to show mark as
"TACTILESENSE")
2(d) Refusal "MUTUAL
Reversed DISCOVERY"
(as to all [investment
three cited management
registrations) services and mutual
fund advisory,
distribution and
administration
services]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"NOMADICS" No
(and design)
[PC cards and
communication
software for use
therewith]
Yes
"DISCOVERY" No
[underwriting life
insurance and
providing and
administering annuity
plans];
"DISCOVERY
PREFERRED" and
"DISCOVERY
SELECT"
[both marks for
providing and
administering
annuities]
(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