United States Patent and Trademark Office OG Notices: 29 July 2003

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

                               June 23-27, 2003



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

6-23            EX              76/234,607              Pentel of
                                                        America, Ltd.

6-23            EX              75/714,956              Sun-Land Garden
                                                        Products, Inc.

6-23            EX              76/132,747              The Publishing
                                                        Agency, Inc.

6-23            EX              76/204,767              Dewey Data LLC

6-23            OPP             125,367                 Ultimate
                                                        Nutrition, Inc.
                                                        v. Wellness
                                                        Lifestyles, Inc.


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

2(d)            Refusal                                 SUN BURST for
                affirmed                                automatic pencils

Failure to      Refusal                                 FLOWERS and daisy
function as a   affirmed                                design [FLOWERS
mark [1, 2                                              disclaimed] for
and 45]                                                 garden mulch

2(e)(1)         Refusal                                 BrandedContent for
                affirmed                                preparing print,
                                                        audio and visual
                                                        presentations for
                                                        use in advertising
                                                        name brand
                                                        products

2(d)            Refusal                                 DITTODRIVE for
                affirmed                                computer hardware
                                                        and software for
                                                        computer hard disk
                                                        drive protection,
                                                        duplication
                                                        and recovery

2(d)            SJ granted      ULTIMATE                ULTIMATE for
                for opposer     NUTRITION for           nutritional
                                vitamins and            supplements not
                                nutritional food        including liquid
                                supplements             beverages or juice
                                                        products


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

SUNBURST                                        No
[stylized]
for writing paper,
tablets and envelopes

                                                No

                                                No

DITTO for computer                              No
memory storage
devices, namely, tape
drives, computer
memory storage
controllers and
computer memory
storage tape cartridges

                                                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