			  Summary of Final Decisions

				 Issued by the

		       Trademark Trial and Appeal Board

			     February 24-28, 1997



   		Type		Proceeding
Date		of		or			Party/
Issued		Case (1)	App'n No. 		Parties

2-25            EX              74/511,849              Strippit, Inc.   

2-26            EX              74/498,247              Brian Santone    

2-26   		EX		74/101,177   		EBSCO Industries,
		(R)					Inc. 

2-26            EX              74/453,230              John Michaels, Inc. 

				Opposer's/		Applicant's/
				Petitioner's		Respondent's
		TTAB		Mark and		Mark and
Issue		Decision	Goods/Services		Goods/Services

2(e)(1)		Refusal					"SMART TOOL"
[deceptively 	Reversed				[tooling for punch
misdescrip-						presses]      
tive]   

whether       	Refusal					"SANTONE LURES"
applicant is	Affirmed				[manufacture of
using the 						fishing lures to
mark sought 						the order and/or
to be regis-						specification of
tered in con-						others]      
nection with 
the services 
recited in 
the applica-
tion   

whether the	Request for				configuration of a
configura-	Reconsider-				fishing lure
tion of		ation Denied				[fishing lures]  
applicant's 	[Refusal 
goods, which 	Affirmed
configuration	(on both 
applicant 	grounds)]   
claims as its
trademark, is 
de jure func-
tional and, 
if not,
whether the
configuration 
is inherently 
distinctive   

2(d)   		Refusal					"MICHAEL'S"
		Affirmed				[frozen custard] 

Mark and
Goods of Registration				Recommended
Cited by					for
Examining Atty.					Publication

						No

						No

						No

"MICHAEL'S"					No
(and design)
[restaurant 
services]   

(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT 
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION 
        
   
   


















  





