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