United States Patent and Trademark Office OG Notices: 20 May 2003
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
April 14-18, 2003
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
4-15 EX 76/053,913 California Costume
Collections, Inc.
4-15 OPP 121,897 State Fair of
Texas v. Judson-
Atkinson Candies,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
Section 6 Refusal "CALIFORNIA
disclaimer Reversed COSTUME
requirement COLLECTIONS"
of the words [Halloween
COSTUME costumes;
COLLECTIONS Halloween costumes
[genericness] and accessories
sold as a unit]
2(d); 2(a) Opposition "BIG TEX" "BIG TEX"
[false Dismissed [arranging and [confectionaries,
suggestion conducting state namely, jelly
of a fair activities, beans]
connection] namely, competi-
tive exhibits
featuring home,
farm, business,
and industrial
products; arrang-
ing and conducting
entertainment and
amusement
services, namely,
sideshows, rides
and games; and
arranging and
conducting educa-
tional services in
the nature of p
ublic exhibits and
presentations
featuring achieve-
ments in the arts
and sciences;
promotion of food
services at the
State Fair of
Texas]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
(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