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