United States Patent and Trademark Office OG Notices: 30 September 2003
Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 8-29 EX 75/714,344 Stephen Dossick, EX 75/714,345 M.D. EX 75/754,818 8-29 EX 75/853,926 Old European Brewing Co. 8-29 EX 76/223,029 Neways, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(e)(1) Refusal "MP3JAPAN" and [descriptive- Affirmed "MP3NEWYORK" ness or mis- in all three [both marks descriptive- cases but for providing ness]; based only on-line agazines, 2(e)(2); on 2(e)(1) newsletters, 2(e)(3) descrip- directories tiveness and books (in and various fields); 2(e)(2) providing search engines for obtaining data on a global computer network (in various fields); providing on-line computerized databases (in various fields)]; "MP3NEWYORK" [broadcasting programs via a global computer network; pro- viding on-line chat rooms and on-line electronic bulletin boards for transmission of messages among computer users (concerning various fields)] 2(e)(2) Refusal "NEDERLAND" Affirmed [beer] 2(d) Refusal "PROMEGA" Affirmed [herbal weight loss supplement] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No No "PROOMEGA" No [natural dietary omega-3 fish oil supplement, derived from fish] (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