United States Patent and Trademark Office OG Notices: 04 November 2003
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
September 29 - October 3, 2003
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
9-30 OPP 91110121 Kellogg Co. v.
The Earthgrains
Co.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1); Opposition "MORNING GOODS"
whether Dismissed [refrigerated
applicant as to both bakery products,
has applications namely, biscuits,
bona fide cookies, english
intention muffins, dinner
to use the rolls, pie crust,
marks it breadsticks, pizza
seeks to crust, frozen
register garlic bread,
cinnamon rolls,
danish and toaster
pastries];
"MORNING GOODS"
and "MORNING
GOODNESS"
[both marks for
brad, muffins,
buns, rolls,
croissants,
danish, cakes,
snack cakes,
donuts, bagels and
bakery products]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
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