United States Patent and Trademark Office OG Notices: 13 May 2003
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
April 7-11, 2003
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
4-8 EX 76/133,801 Points.com, Inc.
4-8 EX 78/081,597 Daedong Industrial
EX 78/081,704 Co., Ltd.
4-8 EX 75/690,915 AdobeAir, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Refusal "GLOBALPOINTS-
Affirmed XCHANGE"
[providing a
web site on the
global computer
network for the
tracking and
exchange of
customer loyalty
rewards]
2(d) Refusal "KIOTI" and
Affirmed "KIOTI"
in both (and design)
cases [both marks for
agricultural and
landscaping
tractor attach-
ments and tractor-
towed agricultural
implements,
namely, front end
loaders, backhoes,
finish mowers,
and tillers and
replacement parts
therefor]
2(d) Refusal "WISPER COOL"
Reversed (and design)
[portable
evaporative air
cooling units for
domestic and
commercial use]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"COYOTE" No
(and design)
[construction equipment,
namely, front end loaders
and dozers]
"WHISPERKOOL" No
[wine cellar cooling
units]
(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