United States Patent and Trademark Office OG Notices: 15 April 2003

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

                               March 10-14, 2003



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

3-10            EX              76/120,514              Dritex, Inc.

3-12            EX              76/004,737              International
                                                        Restaurant Group,
                                                        L.L.C.

3-12            EX              75/608,537              Kricket Internet
                                                        Service Co.


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

whether         Refusal                                 "DRITEX"
applicant's     Reversed                                [installation
specimens                                               of drywall and
demonstrate                                             painting of
service mark                                            residential homes
use in                                                  and commercial
connection                                              buildings]
with the
services
recited in its
application

2(d)            Refusal                                 "DIAMONDBACK'S
                Affirmed                                A TEXAS BISTRO"
                                                        [restaurant
                                                        services]

2(d)            Refusal                                 "KRICKET INTERNET
                Affirmed                                SERVICE"
                as to                                   (and design)
                both cited                              [providing
                registrations                           multiple-user
                                                        Internet access]


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

                                                No

"DIAMONDBACK"                                   No
[restaurant services]

2 cited registrations,                          No
both owned by the
same entity:
"CRICKET" and
"CRICKET
COMMUNICATIONS"
[both marks for
telecommunications
services, namely,
offering personal
communications
services via wireless
networks; and
providing cellular
telephone services
and personal
communication
network (PCN) services]


(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