United States Patent and Trademark Office OG Notices: 30 July 2002
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
June 17-21, 2002
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
6-11** EX 75/480,544 Leslie A.
Finkelstein
6-11** EX 76/082,645 American
Library
Association
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1); Section 2(f) "DISCOUNT
genericness; Refusal DECORATING
whether, if Affirmed, OUTLET"
not but only (in stylized
inherently on the lettering on a
distinctive grounds black rectangular
but not that background)
generic, applicant's [retail
applicant's mark is store services,
mark has merely featuring home
acquired descriptive decorating sup-
distinctive- and without plies and
ness under acquired accessories]
distinctive-
ness
2(d) Refusal "ALA EDITIONS"
Affirmed [a series of
fiction and non-
fiction books on
a variety of
topics]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"ALA" No
[educational
services, namely,
providing instruction
by classes, residential
school programs and
the like, to others for
development of
English language skills
and cultural
background, and the
training of teachers
and development of
multi-media materials
for such instruction]
**Inadvertently omitted from the Summary of Final Decisions for the week
of June 10-14, 2002.
(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