United States Patent and Trademark Office OG Notices: 06 May 2003

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

4-1             EX              74/475,672              International
                                                        Coffee & Tea, Inc.

4-1             EX              75/812,311              Pastarito S.r.l.


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

2(d)            Refusal                                 "THE COFFEE BEAN"
                Reversed                                [coffee beans,
                                                        ground coffee,
                                                        loose tea, tea
                                                        bags, hot choco-
                                                        late, chocolate-
                                                        based food bever-
                                                        ages and pastries;
                                                        retail shops and
                                                        mail order
                                                        services featuring
                                                        coffee, chocolate
                                                        and tea-based
                                                        beverages, coffee
                                                        beans, ground
                                                        coffee, chocolate
                                                        products, loose
                                                        tea and tea bags,
                                                        pastries, coffee
                                                        and tea related
                                                        products, namely,
                                                        cups, mugs and
                                                        filters and
                                                        clothing, namely,
                                                        t-shirts; and
                                                        office coffee
                                                        supply services]

2(d)            Refusal                                 "PASTARITO
                Affirmed                                PIZZARITO"
                                                        (and design)
                                                        [restaurant
                                                        services]


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

2 cited registrations,                          No
both owned by the same entity:
"THE COFFEE BEANERY"
(and design)
[coffee, tea, herbs and spices]
and "THE COFFEE BEANERY"
[coffee, tea, processed herbs,
and spices]

"PIZZARITO"                                     No
[pizzas and ingredients
for making same]


(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