United States Patent and Trademark Office OG Notices: 16 September 2003

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

8-14            OPP             116,679                 NSI
                                                        Enterprises,
                                                        Inc. v.
                                                        Barnett, Inc.

8-14            EX              75/516,045              The Language
                                                        Workshop for
                                                        Children/Cercle
                                                        Franco Americain,
                                                        Inc.


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

2(d)            Opposition      "LUMINA"                "LUMINA"
                Sustained       [electric               (and design)
                as to both      lighting fixtures]      [in Class 9:
                classes of                              electrical
                goods                                   hardware, namely,
                                                        switches, boxes,
                                                        cords, circuit
                                                        breakers, outlets,
                                                        ground faults
                                                        interrupters,
                                                        smoke alarms,
                                                        fuses, cover
                                                        plates for outlets
                                                        and wall switches,
                                                        adaptors,
                                                        electrical
                                                        testers;
                                                        in Class 11:
                                                        flashlights,
                                                        electrical
                                                        lighting fixtures
                                                        and electric light
                                                        bulbs]

whether the     Refusal                                 "FOR TOTS"
matter          Affirmed                                [educational
applicant       but only                                services, namely,
seeks to        under                                   providing classes
register is     2(e)(1)                                 in foreign
used as a       and for                                 languages to
service mark    failure of                              children and
for             proof of                                distributing
applicant's     distinctiveness                         course material
recited         under                                   in connection
services;       Section 2(f)                            therewith]
2(e)(1);
whether
applicant's
mark has
acquired
distinctive-
ness under
Section 2(f)


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

                                                No

                                                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