United States Patent and Trademark Office OG Notices: 21 October 2003
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
September 15-19, 2003
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
9-16 EX 75/423,447 Gilster-Mary Lee
Corp.
9-16 EX 75/790,432 Certainteed Corp.
9-16 EX 75/566,756 Spy Optic, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "FRUITY BLASTS"
Affirmed [breakfast cereal]
as to both
cited
registrations
2(d) Refusal "CLAREMONT"
Affirmed [polyvinyl chloride
(PVC)
widows and patio
doors]
2(d) Refusal "SPY"
Affirmed [wearing apparel,
namely, shirts,
t-shirts, shorts,
pants, sweatshirts,
sweatpants, hats,
visors, shoes and
belts]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
2 cited registrations, No
both owned by the same
entity:
"COCOA BLASTS" and
"COOKIE BLAST"
[both marks for
breakfast cereal]
"CLERMONT" No
[interior doors and
door facings made of
construction board,
namely, composite
board fiberboard, hard
board and synthetic
lumber or artificial
lumber]
"FASHION SPY!" No
[clothing, namely,
tops, skirts, shorts,
skorts, pants, shirts,
dresses, jumpers,
jackets]
(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