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

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                               June 10-14, 2002


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

6-11            EX              75/477,402              Pacer Technology


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

whether the     Refusal                                 configuration of a
matter          Affirmed                                portion of the
asserted for                                            packaging for
registration                                            applicant's goods,
is inherently                                           namely, a container
distinctive as                                          cap with four
a trademark                                             equally spaced flat
or, in the                                              wings projecting
alternative,                                            laterally from a
has acquired                                            concaved crown and
distinctiveness                                         with each wing
through use in                                          forming two
commerce                                                intersecting
                                                        exterior edges
                                                        projecting at right
                                                        angles relatively
                                                        to one another with
                                                        each edge
                                                        intersecting the
                                                        concaved crown
                                                        [epoxy glue for
                                                        general bonding and
                                                        for repair
                                                        purposes, bonding
                                                        metal,rubber,
                                                        plastics, ceramics,
                                                        fingernails and
                                                        jewelry]


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

                                                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