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