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