United States Patent and Trademark Office OG Notices: 28 October 2003

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

                             September 22-26, 2003



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

9-22            EX              76/157,184              Thomas W. Sherwood

9-22            EX              76/236,769              David W. Knight


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

2(d)            Refusal                                 "MR. DVD"
                Affirmed                                (and design)
                as to both                              [manufacture of
                cited                                   digital video
                registrations                           discs to the order
                                                        and/or specifica-
                                                        tion of others]

2(e)(1)         Refusal                                 "BADSLAB"
                Affirmed                                [structural repair
                                                        of buildings,
                                                        namely, repair in
                                                        the field of
                                                        concrete slabs and
                                                        foundations;
                                                        consultation in
                                                        the field of
                                                        structural repair
                                                        of buildings,
                                                        namely, repair in
                                                        the field of
                                                        concrete slabs and
                                                        foundations]


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

2 cited registrations,                          No
owned by the same
entity for the mark
"DVD"
(and design)
[optical disc players;
compact discs
containing digital
information for
display of filmed
products] and
[compact discs
containing digital
information for
display of filmed
products]

                                                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