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