United States Patent and Trademark Office OG Notices: 08 January 2002

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

                             November 26-30, 2001



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

11-26           EX              75/669,021              Diet Fitness Corp.


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

2(d)            Refusal                                 "ARIZONA MAGIC"
                Reversed                                [vitamin and min-
                                                        eral supplements]


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

"ARIZONA NATURAL                                No
CIRCULATION
PLUS,"
"ARIZONA NATURAL
TOXSANS CHELATION
SUPPLEMENT
FORMULA #308"
(and design), and
"ARIZONA NATURAL
ODORLESS! GARLIC
TIME ONE-A-DAY
CONCENTRATED
TIME RELEASE GARLIC"
(and design)
[all three marks for
garlic caplets];
"ARIZONA NATURAL"
[dietary supplements,
namely, vitamin,
mineral and
herbal supplements]

(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