United States Patent and Trademark Office OG Notices: 09 September 2003

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

                               August 4-8, 2003



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

8-4             OPP             115,438                 Veuve Clicquot
                                                        Ponsardin v.
                                                        Palm Bay
                                                        Imports, Inc.

8-4             EX              76/130,604              Naturally
                                                        Scientific, Inc.

8-4             EX              78/039,026              Cardiff
                                                        Software, Inc.


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

2(d)            Opposition      "VEUVE CLICQUOT"        "VEUVE ROYALE"
                Sustained       and                     [alcoholic
                (although       "VEUVE CLICQUOT         beverages, namely,
                not on the      PONSARDIN"              sparkling wine]
                basis of        [champagne wines];
                opposer's       "THE WIDOW"
                pleaded         [wines];
                registration    "LA VIUDA"
                for the         [champagne wines]
                mark
                LA VIUDA)

2(d)            Refusal                                 "ENERGY MENDER"
                Affirmed                                [nutritional
                                                        and dietary
                                                        supplement]

2(e)(1)         Refusal                                 "AUTOMERGE
                Affirmed                                PUBLISHER"
                                                        [computer
                                                        software used
                                                        to merge source
                                                        data with form
                                                        templates for
                                                        delivery of
                                                        pre-filled
                                                        forms]


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

                                                No

"MOOD MENDER"                                   No
[health and
performance foods,
namely, ready-to-eat
food bars, chewing
gum and tea-based
beverages]

                                                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