United States Patent and Trademark Office OG Notices: 28 May 2002

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

4-18            EX              75/368,461              H. E. Butt
                                                        Grocery Co.



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

2(d);           Refusal                                 "COSTS YOU LESS!"
whether that    Affirmed                                (and design)
which           on both                                 [retail super-
applicant       grounds                                 market services]
seeks to        asserted
register        and as to
functions as    both cited
a trademark     registrations
or merely as
information-
al matter



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

two cited                                       No
registrations owned
by the same entity:
"COST-U-LESS" and
"COST U LESS"
(and design)
[both marks for
wholesale and retail
warehouse stores
featuring food and
beverages, clothing
and shoes, cleaning
products and supplies,
tools, jewelry, home
electronics and
appliance, blank
video and audio
cassette tapes, toys,
sports equipment,
home furnishings and
decorations, outdoor
furniture, books,
computers and
computer programs,
compact discs and
audio cassette tapes
featuring music,
tobacco products,
dishes, glasses,
silverware, film, film
processing and paper
products]



(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