United States Patent and Trademark Office OG Notices: 23 July 2002

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

6-11            EX              74/417,538              MBNA American
                EX              74/472,908              Bank, N. A.

6-11            EX              75/553,426              Martin Container,
                                                        Inc.


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

2(e)(1)         Refusal                                 "MONTANA SERIES"
                Affirmed                                and "PHILADELPHIA
                in both                                 CARD"
                cases                                   [both marks for
                                                        credit card
                                                        services featuring
                                                        credit cards
                                                        depicting scenes or
                                                        subject matter of,
                                                        or relating to,
                                                        respectively, the
                                                        state of Montana
                                                        and the city of
                                                        Philadelphia]

genericness     Refusal                                 "CONTAINER.COM"
(whether        Affirmed                                [retail store
applicant's                                             services and retail
mark is                                                 services offered
registrable                                             via telephone
on the                                                  featuring metal
Supplemental                                            shipping
Register)                                               containers; rental
                                                        of metal shipping
                                                        containers]


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

                                                No

                                                Yes


(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