United States Patent and Trademark Office OG Notices: 06 August 2002

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

6-27            OPP             112,342                 United German-
                                                        American Societies
                                                        of Greater Chicago
                                                        v. German American
                                                        Committee of
                                                        Greater New York
                                                        Inc.

6-27            CANC            26,899                  The Synergy Co. of
                                                        Utah, LLC v. IVC
                                                        Industries, Inc.


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

whether the     Opposition                              "GERMAN-AMERICAN
mark is         Sustained                               STEUBEN PARADE"
generic;        (but only                               (and design)
whether, if     on the                                  [books, journals,
not generic,    grounds that                            and pamphlets, all
the mark is     applicant's                             relating to the
merely          mark is                                 activities of a
descriptive     merely                                  not-for-profit
[2(e)(1)];      descriptive                             organization which
whether         and has not                             promotes the
applicant's     acquired dis-                           German-American
mark has        tinctiveness)                           heritage; organi-
become                                                  zing community
distinctive                                             festivals
through use                                             featuring a
in                                                      variety of activ-
commerce,                                               ities, namely,
under                                                   parades, beauty
Section 2(f);                                           pageants, ethnic
fraud in the                                            dances and the
filing of a                                             like]
Section 2(f)
declaration

genericness;    Petition                                "SYNERGY"
abandonment     to Cancel                               [dietary food
[Note:          Granted                                 supplement,
summary         (but only                               namely,chewable
judgment        on ground                               wafers and tablets
was granted     of                                      containing
to petitioner   abandonment)                            honeybee pollen]
on 12/31/98
on ground
of abandon-
ment; case
was then
sent to trial
on ground
of
genericness]


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