Summary of Final Decisions Issued by the Trademark Trial and Appeal Board June 11 - June 15, 2001 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 6-11 EX 75/646,397 Cleveland Mack Sales, Inc. 6-11 EX 75/672,070 National Nursery Products, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "PERFORMANCE Affirmed FINANCIAL" (and design) [financing services, namely, providing lease-purchase options in the financing of the lease or purchase of trucks, trailers, and structural parts therefor] 2(d) Refusal "NATIONAL NURSERY Affirmed PRODUCTS" (and design) [living plants, namely, annual and perennial plants and tropical plants; living trees, namely, flowering trees and foliage trees; fresh vegetables, fresh herbs, and mulch] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB "PERFORMANCE BANKING" No [banking services] "NATIONAL NURSERIES, LTD." No [plants, namely, nursery stock including hanging baskets, aglaonemas, brassaia, codiaemum, dieffenbachia, dracaena, ficus, palms, spathiphyllum and yucca] (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