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