United States Patent and Trademark Office OG Notices: 29 January 2002
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board December 17-21, 2001 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 12-19 EX 75/513,342 Gibson Guitar Corp. 12-19 EX 75/843,132 Zarak Systems Corp. 12-19 EX 75/606,002 Star Bridge Systems, Inc. 12-19 EX 75/738,233 Microspot USA, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(e)(5) Refusal configuration of [de jure Affirmed the body of a functional]; (on both guitar whether, even grounds) [guitars] if not de jure functional, applicant's product configuration is distinctive as a trademark] 2(d) Refusal "ABACUS" Affirmed [computer hardware and software for testing communications systems and equipment by generating and switching telephone traffic] whether Refusal "IIADL" applicant's Affirmed [supercomputer original software and/or development tools substitute for describing specimens algorithms for use show on reconfigurable trademark use parallel processing of its mark in supercomputers] connection with the goods recited in the application 2(e)(1) Refusal "PCDRAFT" Affirmed [two-dimensional computer aided design (CAD) software for personal computers] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No "ABACUS" No [computer software for automatic call distribution management] No 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