Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
July 20-24, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
7-21 EX 74/722,274 The Valspar Corp.
7-21 EX 74/718,351 David Dodart
7-24 EX 74/476,729 Equusport, Inc.
7-24 EX 74/728,226 ITT Industries,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusals FLUROPON HARDCOAT
reversed [industrial coat-
ing in the nature
of paint for use
in the field of
architectural
metal finishing]
2(d) Refusal LIFE SCIENCE
affirmed PRODUCTS, INC.
[business market-
ing services for
dietary food sup-
plements]
2(d) Refusal EQUUSPORT
affirmed [clothing, namely,
pants, shorts,
shirts, skirts,
tops, dresses, T-
shirts, sweat-
shirts, sweat-
pants, lingerie,
underwear, socks,
shoes, bathing
suits, hats,
visors, belts,
caps, pantyhose,
sandals, jackets,
coats, scarves and
footwear]
Whether the Refusal C-300
showing under reversed [heat exchangers]
Sec. 2(f) is
sufficient to
show that ap-
plicant's
mark is more
than a model
designation
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
HARDCOTE No
[clear varnish
finishes used to
protect or beau-
tify interior and
exterior sur-
faces] and
HARDCOAT
[paint coating
used to create a
paintable surface
for industrial
applications]
LIFE SCIENCE and No
design
[dietary supplements
and oral electrolyte
solution for veterinary
use]
EQUUS No
[men's furnishings,
namely, neckwear]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION