United States Patent and Trademark Office OG Notices: 09 December 2003

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

                           November 3-7, 2003



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

11-3            EX              75552930                Shindaiwa, Inc.

11-4            EX              78077100                Twin Bay Medical,
                                                        Inc.


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

2(e)(1);        Refusal                                 "POWER BROOM"
genericness;    Affirmed                                (in stylized
whether         (under                                  lettering)
applicant's     2(e)(1)                                 [hand-held
mark, if not    and for                                 power-operated
generic, has    failure to                              sweeping devices
acquired        show 2(f)                               consisting of a
distinctiveness acquired                                power-rotated
under           distinctiveness                         cylinder having a
Section 2(f)    but not on                              handle for manual
                basis of                                manipulation and
                genericness)                            exterior fins that
                                                        engage and throw
                                                        loose material to
                                                        thereby clean
                                                        outdoor surfaces
                                                        such as sidewalks,
                                                        driveways, and the
                                                        like]

Section 6       Refusal                                 "BARB LOCK"
disclaimer      Affirmed                                (in stylized
requirement                                             design format)
(of the words                                           [plastic barb
"BARB LOCK")                                            clamps, consisting
                                                        of a sleeve and a
                                                        collet, used to
                                                        clamp flexible
                                                        tubes onto barb
                                                        fittings to provide
                                                        a seal for gases or
                                                        liquids]


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

                                                No

                                                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