United States Patent and Trademark Office OG Notices: 12 March 2002
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
January 28 - February 1, 2002
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
1-28 EX 75/468,354 Sunex
(R) International,
Inc.
1-28 OPP 115,484 Slim-Fast Foods
Co., Lipton
Investments, Inc,
and Conopco, Inc.
v. Slim USA, Inc.
1-28 EX 75/315,021 William J. Hardie
1-29 EX 75/502,332 Modular
International,
Inc.
1-29 EX 75/514,898 The Dayton Power
EX 75/514,899 and Light Co.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Request for "HEAVY HITTERS"
Recon- [power driven
sideration heavy duty impact
Denied wrenches for
(Refusal professional
Affirmed) mechanics in the
automotive
aftermarket]
2(d) Opposition "SLIM-FAST" "SLIM FATS"
Sustained [dietary [vitamin and
meal replacements, mineral dietary
nutritional bars, supplements]
and other dietary
products]
genericness; Refusal "HOOTENANNY"
whether, if Affirmed [entertainment
not generic, (on services in the
applicant's grounds of nature of live
mark has genericness musical
acquired and lack of performances]
distinctive- acquired
ness under distinctive-
Section 2(f) ness)
2(e)(1) Refusal "LINEARS"
Affirmed [recessed
wall and ceiling
electric lighting
fixtures]
2(d) Refusal "DPL ENERGY
Affirmed WAY TO GO"
(and design) and
"DPL ENERGY"
[both marks for
distribution and
transmission of
energy]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"HEAVY HITTER" No
[hand tools, namely,
hammers, axes, mallets,
sledgehammers, and picks]
No
No
No
"D P & L" No
[public utility
services, namely,
supplying electricity,
gas and steam]
(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