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

 			   March 30 - April 3, 1998


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

1-4   		EX   		75/120,143   		Ed Tucker
							Distributor, Inc.

1-5    		EX 		74/711,715		De Ster Corp.  
 		EX		74/711,899
		EX 		74/721,195 

1-5   		EX   		75/168,250   		Heartstent Corp. 

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

2(d)   		Refusal					"BIKE IN A BOX"
		Affirmed				[rolling chassis 
      							for a custom 
							motorcycle sold
							in a kit of pre-
							packaged parts] 

whether 	Refusal					configurations of 
applicant's 	Affirmed				three storage 
three		(in all three				containers
product con- 	applications)				[plastic 
figurations						containers for
have acquired						food storage]     
distinctive-
ness as
trademarks
[Sec. 2(f)]   

2(e)(1)   	Refusal					"HEARTSTENT"
		Reversed				[medical implants 
           						used to perform 
							coronary bypass
							surgery, namely, 
							rigid conduits for
							surgical implanta-
							tion for creating
 							a fluid passageway
							between heart 
							ventricle and 
							coronary artery
							downstream from a
							coronary obstruc-
							tion]

Mark and					Citable as
Goods Cited by			                Precedent
Examining Atty.					of TTAB

"BRAKE-IN-A-BOX"				No
[brake structural and
replacement parts]   

						No

						No

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