Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
June 18 - June 22, 2001
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
6-19 EX 75/469,984 Ocean Enterprises,
Inc.
6-19 EX 75/380,510 Mother's Cake &
Cookie Co.
6-19 EX 75/465,778 Vitasoy Int'l.
Holdings Ltd.
6-19 EX 75/536,451 US Airways, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether Refusal "THE PUBS
applicant is Affirmed OF _________"
seeking to (on both [t-shirts and
register more grounds) sweatshirts]
than one mark
[i.e., a
"phantom
mark"];
whether
applicant's
proposed
amendment
represents a
material
alteration of
the mark
shown in the
original
drawing
2(e)(1) Refusal "COCONUTTY!"
Affirmed [cookies]
2(d) Refusal "VITA"
Affirmed [soybean curd
desserts, namely,
pudding, custard
and ice cream]
2(e)(1) Refusal "PREFERRED"
Affirmed [transportation
services, namely,
airline passenger
services in the
nature of a
frequent flier
program having an
elite tier offering
a bonus program for
frequent travelers]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
"VITALITE" No
[frozen yogurt and ice milk]
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