United States Patent and Trademark Office OG Notices: 15 July 2003
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
6-11 EX 75/599,525 WNBA
Enterprises, LLC
6-12 EX 76/261,476 NTD Apparel, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
Section 6 Refusal "ORLANDO MIRACLE"
disclaimer Reversed (and design)
requirement [statistical
of the word books, guide books
MIRACLE and reference
(as descriptive books for basket-
under 2(e)(1)) ball, magazines in
[Note: the field of
applicant basketball,
disclaimed commemorative
ORLANDO when game programs,
application statistical sheets
was filed] for basketball
topics,
newsletters and
pamphlets in the
field of
basketball, and
other goods]
2(d) Refusal "KOALA BLUE"
Affirmed [wine, champagne,
prepared alcoholic
cocktails,
liqueurs, sherry,
port wines,
prepared wine
cocktails, wine
coolers, and
distilled spirits]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
Yes
2 cited registrations, No
both owned by the same entity:
"KOALA"
(in stylized form)
[iced tea and red tea;
non-carbonated fruit drinks,
non-carbonated lemonade,
sparkling spring water and
fruit juice] and
"KOALA"
[sparkling fruit drinks]
(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