United States Patent and Trademark Office OG Notices: 26 November 2002
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board October 14-18, 2002 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 10-16 EX 75/629,629 Merion EX 75/630,793 Publications, Inc. EX 75/854,084 10-16 CANC 29,700 Next Century Restaurants, Inc. v. Aqua Grill Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services Section 6 Refusal "ADVANCE FOR disclaimer Affirmed PROVIDERS OF POST requirement in all ACUTE CARE," (of phrases three cases "ADVANCE FOR PROVIDERS OF NURSES, SERVING POST ACUTE THE GREATER CARE,NURSES, PHILADELPHIA/TRI- SERVING THE STATE METRO AREA," GREATER and "ADVANCE FOR PHILADELPHIA/ NURSES SERVING TRI-STATE THE CAROLINAS METRO AREA AND GEORGIA METRO and NURSES AREAS" SERVICE THE [all three marks CAROLINAS for a magazine AND GEORGIA featuring the METRO AREAS); allied health whether these professions] phrases have acquired dis- tinctiveness under Section 2(f) 2(d) Petition "AQUA" and "AQUAGRILL" to Cancel "AQUA" [restaurant Granted (and design) services and [restaurant catering] services] 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