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