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