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

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

6-14            EX              75/705,082              Network Photonics,
                                                        Inc.

6-14            EX              75/629,489              Shell Oil Co.


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

2(e)(1)         Refusal                                 "NETWORK PHOTONICS"
                Affirmed                                [fiber optic
                                                        telecommunications
                                                        systems, namely,
                                                        optical cross-
                                                        connects, optical
                                                        add/drop multi-
                                                        plexers, DWDM
                                                        terminals, SONET
                                                        switches, SONET
                                                        add/drop multi-
                                                        plexers and
                                                        ethernet switches
                                                        incorporating DWDM,
                                                        optical switching
                                                        and optical
                                                        filtering
                                                        techniques for the
                                                        transport and
                                                        routing of optical
                                                        telecommunications
                                                        signals]

whether the     Refusal                                 configuration of a
matter          Affirmed                                building, with
applicant       (on grounds of                          color lining
seeks to        applicant's                             [vehicle cleaning
register is     failure to                              services]
inherently      describe its
distinctive as  mark); and
a service mark; the Board
whether         declined to
applicant       decide the
must comply     issue of
with the        inherent
examining       distinctiveness
attorney's      in the absence
requirement     of a clear
that it         description
describe its    of the mark
mark


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

                                                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