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