United States Patent and Trademark Office OG Notices: 08 July 2003
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board June 2-6, 2003 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 6-2 EX 76/166,175 East Penn Mfg. Co., Inc. 6-2 OPP 123,285 John O. Butler Co. (SJ) v. Dental Treatment Systems Ltd. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "MARINE MASTER" Affirmed [electric storage (as to both batteries] cited registrations) 2(d) Opposition "GUM" "GUMPIX" Sustained [toothbrushes] [toothbrushes, (opposer's and "GUM" electric tooth- motion for (in various brushes; toothpick summary stylized forms) holders, tooth- judgment [toothbrushes, picks, sub- granted) dental floss gingival tooth- threaders, floss picks, holders handles and mouth for interdental mirrors; inter- brushes, inter- dental equipment, proximal brushes, namely, handles, holders for brushes, stimu- interproximal lator handles and brushes] tips, for home use; toothpaste] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB 2 cited registrations, No both owned by the same entity: "MARINEMASTER" [steering controls and assemblies for marine use] and "MARINEMASTER" [push-pull controls, throttle controls, shift controls, and parts thereof for marine use] 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