Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
January 29 - February 2, 2001
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
1-30 EX 75/409,001 E.E.P.D.
Electronic
Equipment
Produktion &
Distribution GmbH
1-30 EX 75/188,002 American Bio
Medica Corp.
1-30 EX 75/408,739 Sheila Atchley
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "PROFIVE"
Reversed [many goods in
Int. Cl. 9,
including computer
hardware]
whether Refusal "RAPID DRUG SCREEN"
applicant's Reversed [urine test cards
mark is for detecting the
registrable presence of
on the narcotics]
Supplemental
Register
whether the Refusal "SWEET DREAMS"
matter Affirmed (and design)
asserted for [pre-recorded audio
registration tapes for
functions as a relaxation and
trademark for sleep inducement]
applicant's
goods or only
as the title
of a single
audio work
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"PRO 5" No
(and design)
and "PRO/5 DATA SERVER"
[both marks for computer
programs for use in designing
applications used in the field
of business data processing];
"VISUAL PRO 5"
(and design)
[computer programs for use in
the development of other computer
software for use in spread sheeting
and business applications]
No
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