United States Patent and Trademark Office OG Notices: 26 March 2002
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
February 11-15, 2002
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
2-12 OPP 112,571 Magno-Humphries
Laboratories, Inc.
v. Leiner Health
Products Inc. and
Leiner Health
Services Corp.
2-12 EX 75/153,801 Stephanie M.
Fredericks
2-13 EX 75/848,515 Accu-fit
Clubfitting Inc.
2-13 EX 75/894,470 Tone Products, Inc.
2-13 EX 75/464,801 Gary R. Johnson
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "OPTIMUM" "OPTIMUM SOURCE"
Sustained [dietary and [vitamins and
nutritional dietary food
supplements] supplements]
2(d) Refusal "FLORENA"
Affirmed [toiletries,
namely, non-
medicated creams
for face, hands,
body and feet,
personal
deodorants, non-
medicated shampoo
and conditioner]
2(e)(1) Refusal "SWING COEFFICIENT"
Reversed [services in the
area of fitting
golf clubs for
individuals]
2(d) Refusal "PIT BOSS"
Affirmed [steak sauce and
barbecue sauce]
whether the Refusal
applicant's Affirmed "GLIDETEXT"
identification [printed text that
of goods is may be used in all
acceptable types of printed
materials;
electronic text
that may be used in
all types of
electronic
publications]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"FLORENE" No
[perfume and cologne, skin
soaps, essential oils for
use in manufacturing
cosmetics and perfume,
and cosmetics, namely,
foundation make-up,
blushes and eyeliners]
No
"PIT BOSS" No
[restaurant and pub services]
Yes
(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