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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD - page 5 / 7

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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD March 26-30, 2001 (continued)

Issue

TTAB Decision

2(e)(1); whether the matter asserted for registration functions as a mark or merely as an informational phrase

Refusal Affirmed (on both grounds)

2(d)

Refusal Affirmed

2(e)(1)

Refusal Affirmed

2(e)(1)

Refusal Affirmed

whether applicant established its right to a concurrent use registration for the geographic area claimed in its application

Applicant found to be entitled to concurrent use registration for the area claimed in its application

Date Issued

Type of Case(1)

Proceeding or Appn. No. 75/640,650

Party or Parties

TTAB Panel(2)

3-29

EX

J&R Electronics, Inc.

Simms Hanak* Drost

3-30

EX

75/396,043

3-30

EX

75/392,138

3-30

EX

75/592,344

3-30

CU

1014

Opposer's or Petitioner's Mark and Goods or Services

Comexa Ltda.

Simms* Hanak (D) Quinn Simms* Seeherman Hanak (D)

Sharp Kabushiki Kaisha

Solar Protective Factory, Inc. Fare Deals Ltd. v. Fare Deal Travel v. Fare Deals, Inc.

Quinn* Chapman Bottorff Quinn Holtzman* Drost

Examining Attorney

Zak

Strzyz

Borsuk

I. A. Clarke

Applicant's or Respondent's Mark and Goods or Services “WALK IN, PHONE IN, LOG IN” [computerized on-line ordering services, retail store services, telephone shop-at-home services, and mail order services, all being services in the fields of computer hardware, computer software, audio equipment, video equipment, and recorded music videos] “AMAZON” (and design) [chili sauce and pepper sauce] “SCANNING STATION” [personal computer software for imaging scanners] “SPF” [chemical additive used in the manufacture of textile products] “FARE DEALS LTD.” [travel agency services, namely, arranging travel tours for others—for the area comprising the entire United States east of the Mississippi River]

Mark and Goods Cited by Examining Attorney

“AMAZON” [restaurant services]

(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to Dismiss; (MR)=Motion to Reopen; (R)=Request for Reconsideration (2) *=Opinion Writer; (D)=Dissenting Panel Member

Citable as Precedent of TTAB No

Yes

No

No

No

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