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