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