Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
March 12-16, 2001
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
3-12 EX 75/977,595 Glaxo
Group Ltd.
3-13 OPP 113,737 Joseph J. Juras v.
Kent Christopher
Lyons
3-13 CANC 29,311 Island Seafood &
(SJ) Trading Co., Inc.
v. Pedro Alvarez
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether the Refusal the colors light
matter Affirmed green and dark
asserted for green applied to
registration the entire surface
has acquired of applicant's
distinctive- medical inhaler
ness as a devices through
trademark which its goods
under are dispensed
Section 2(f) [pharmaceutical
preparations and
substances for use
in medical inhaler
devices]
2(d) Opposition "YELLOW DOG "YELLOW DOG SPORT"
Sustained NANTUCKET" [men's, women's
(and other marks and children's
incorporating clothing, namely,
the words shirts, sweat-
"YELLOW DOG") shirts, pants,
[t-shirts] jackets, hats,
caps and active
wear]
abandonment Petition to "NATIVE SEAFOOD
Cancel Denied & TRADING CO"
(Respondent's (and design)
cross motion [retail store
for summary and wholesale
judgment distributorship
granted) services in the
field of seafood
products and
restaurant
services]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
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