United States Patent and Trademark Office OG Notices: 13 May 2003

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

4-8             OPP             114,437                 Sansegal
                                                        Sportswear, Inc.
                                                        v. Tim Allyn
                                                        Patterson

4-9             EX              75/699,004              Ultra-Flex
                                                        Moulding, Inc.


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

2(d)            Opposition      "ATTITUDE" and          "MUSCLE WITH
[failure        Dismissed       "ATTITUDE               ATTITUDE"
to submit                       ANYWHERE"               [men's clothing,
timely                          [both marks for         namely, pants,
evidence]                       clothing and            shirts, under-
                                sportswear,             garments, hats
                                namely, jackets,        and neckties]
                                sweatsuits,
                                shorts, swimwear,
                                shirts, t-shirts,
                                sweatshirts, hats
                                and tanktops]

2(d)            Refusal                                 "ULTRA-FLEX
                Affirmed                                MOULDING"
                as to                                   [construction
                both cited                              materials, namely,
                registrations                           non-metal molding]


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

                                                No

2 cited registrations,                          No
owned by 2 different
entities:
"ULTRA-FLEX"
[metal edge molding
for suspension
ceilings] and
"ULTRAFLEX"
[non-metal,
prefinished drywall
trims]


(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