  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

			      November 1-5, 1999


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

11-1   		EX   		74/643,553   		CIBER, Inc.   

11-1   		OPP   		91,238   		Reebok Int'l. Ltd.
							amd Reebok
							Sports Ltd. v.
							Konstantin

11-2   		EX   		75/131,355      	Dial A Mattress
							Operating Corp.

11-3    	OPP		96,375   		Jim Peterik and
  		(R)					Frank M.
   							Sullivan, III v.
							Jimmy Jamison   


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

whether the 	Refusal		"CIBRCASE"
matter appli-	Affirmed	[computer software
cant seeks to			development and 
register func-			support services 
tions as a 			for manufacturing
service mark			and service 
for the 			companies, namely,
services			development of
recited in 			customized appli-
the 				cation software 
application   			and programming,
				loading, and up-
      				dating software]

2(d)     	Opposition	"REEBOK"		"REEBA"
		Sustained  	[athletic shoes, 	(and design)
 				clothing, sport 	[card game]      
				bags, retail store
				services in the 
				field of clothing,
				shoes, sports
				accessories, etc.]

2(e)(1)		Refusal					"1-800-
[generic-	Affirmed				M-A-T-R-E-S-S"
ness];		(on both				[telephone 
whether		grounds)				shop-at-home 
applicant's 						retail services 
mark has 						in the field
acquired dis-						of mattresses]    
tinctiveness
under 
Sec. 2(f)   

2(d)		Request for	"SURVIVOR"		"SURVIVOR"
[priority]; 	Reconsidera-	[entertainment 		[entertainment 
abandonment     tion Denied 	services in the 	services in the 
[affirmative	(Opposition	nature of a vocal	nature of a vocal
defense]   	Sustained)  	and instrumental 	and instrumental 
				music group]   		music group]     
				
Mark and					Citable as
Goods Cited by			                Precedent
Examining Atty.					of TTAB

						No

						No

						Yes

						No

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





















 





       















 

   



























  


















 





 





 

 
