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