United States Patent and Trademark Office OG Notices: 15 July 2003

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                                June 9-13, 2003



Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

6-10            EX              76/369,765              Cleaners Products
                                                        Supply, Inc.

6-10            EX              76/243,538              Dan McCarthy

6-10            OPP             124,000                 Sleep-N-Aire
                                                        Licensing Group,
                                                        Inc.


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Refusal                                 "TRUE COUNT
                Affirmed                                POLYBAGS"
                                                        [poly propylene
                                                        bags used for
                                                        transit of dry
                                                        cleaning from
                                                        a dry cleaning
                                                        facility and
                                                        subsequent storage
                                                        in a closet]

2(d)            Refusal                                 "PANORAMA"
                Affirmed                                [windows with
                                                        vinyl frames]

2(d)            Opposition      "SUPERIOR               "SLEEPRIGHT"
                Sustained       SLEEPRITE"              [pillows for sale
                                (in stylized form)      in retail outlets
                                [institutional          serving the
                                furniture consist-      general public,
                                ing of dressers,        excluding insti-
                                chests, beds,           tutional furniture
                                desks, night-           and accessories
                                stands, bedside         therefor,
                                cabinets, chairs,       including pillows]
                                settees, and
                                tables];
                                "TO LIVE RIGHT
                                SLEEP RITE"
                                [beds]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

"POLY BAG"                                      No
(in stylized lettering)
[flexible plastic bag]

"PANORAMA"                                      No
(and design)
[patio doors, residential
steel doors, door frames,
and parts thereof-namely,
astragals, molding and trim,
all made primarily of metal]

                                                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