United States Patent and Trademark Office OG Notices: 26 August 2003
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
7-24 EX 76/269,058 Scholastic Inc.
7-24 OPP 107,599 American Italian
OPP 110,644 Pasta Co. v.
CANC 26,165 Homestead, Inc.
and New World
Pasta Co.
7-24 EX 78/052,872 Nutritional
Services, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "SWEETBERRY
Affirmed BOOKS"
[series of books
for children]
2(d); Oppositions "LA ROSA" and "LA BELLA ROSA"
counterclaim Sustained "LA ROSA" in and
for and several design "LA BELLA ROSA"
cancellation Petition formats (and design)
of two of to Cancel [all for pasta [dry pasta];
plaintiff's Granted; products, bread "LA BELLA ROSA
pleaded Counter- crumbs, and/or BRAND"
registrations claim for other food (and design)
and for partial products; [also for
partial cancellation opposer/petitioner dry pasta]
cancellation of two of pleaded six prior
of two other plaintiff's registrations for
of plaintiff's pleaded its various
pleaded registrations "LA ROSA" marks]
registrations, granted
on grounds
of
abandonment
2(d) Refusal "NSI"
Affirmed (and design)
[retail
distributorship
featuring dietary
supplements]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"SWEET BERRY" No
[toy animal figures]
No
2 cited registrations, No
owned by the same entity:
"NSI"
[dietary supplements and
vitamins, minerals,
herbs, herbal extracts
and herbal combinations,
all for use as dietary
supplements] and
"NSI NUTRACEUTICAL
SCIENCES INSTITUTE"
(and design)
[computerized on-line
ordering services in the
field of vitamins and
dietary supplements]
(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