United States Patent and Trademark Office OG Notices: 11 December 2001
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
October 29 - November 2, 2001
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
10-29 EX 75/538,019 Flexible
EX 75/538,020 Resources, Inc.
10-29 EX 75/194,563 Cadbury Ltd.
10-29 EX 75/144,439 Petcraft, Inc.
10-29 EX 75/360,949 Baratti
Cosmetics GmbH
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d); Refusal "FLEXIBLE
Section 6 Reversed RESOURCES"
disclaimer (in both and
requirement cases) "FLEXIBLE
(of word RESOURCES"
RESOURCES) (and design)
[both marks
for employment
counseling
and recruitment
services]
2(d) Refusal "YOWIE"
Affirmed [chocolate,
chocolates
and candy]
2(d); whether Refusal "ODORSORB"
applicant's Affirmed (in stylized
amended iden- (on both lettering)
tification grounds) [cat litter
of goods is containing a scent
impermis- modifying additive
sibly broad, and scent modify-
under Rule ing additives for
2.71(a) application to cat
litter]
2(e)(4) Refusal "BARATTI"
Affirmed [various
cosmetics;
scented candles;
various leather
goods and
imitation leather
goods, etc.;
various items of
clothing]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"FLEXIBLE No
PERSONNEL"
[temporary personnel
placement and
recruitment services]
"YOWIE" No
[freezable and
frozen confections]
"ODOR-SORB" No
[minerals in powder
or granular form for
absorbing odors]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN