United States Patent and Trademark Office OG Notices: 02 September 2003

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

                           July 28 - August 1, 2003



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

7-28            EX              75/660,891              A.D. 1619 Company

7-28            EX              76/313,168              Toyo Tire &
                                                        Rubber Co., Ltd.

7-30            EX              75/752,783              Sedaka


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

whether the     Refusal                                 design of the
matter          Affirmed                                entry way of a
applicant       in both                                 building [Cl. 36
seeks to        classes on                              services: real
register        both                                    estate agency
functions as    grounds of                              services, leasing
a service       refusal                                 office space to
mark for its                                            tenants, manage-
recited                                                 ment of real
services;                                               estate, real
whether                                                 estate investment,
applicant's                                             and real estate
specimens                                               brokerage
show service                                            services; Cl. 41
mark use of                                             services: enter-
its claimed                                             tainment services,
mark                                                    namely, provision
                                                        of background,
                                                        backdrops, and
                                                        visual settings
                                                        for motion
                                                        pictures,
                                                        television broad-
                                                        casts, and video
                                                        and sound
                                                        recordings]

2(d)            Refusal                                 "NITTO TERRA
                Affirmed                                GRAPPLER"
                                                        [tires and
                                                        inner tubes for
                                                        vehicles]

whether         Refusal                                 "SEDAKA"
the term        Affirmed                                [prerecorded
applicant                                               music, namely, a
seeks to                                                series of musical
register                                                sound recordings]
functions as
a mark for
applicant's
goods


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

                                                No

"GRAPPLER"                                      No
[vehicle tires]

                                                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