United States Patent and Trademark Office OG Notices: 23 December 2003

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

                             November 17-21, 2003



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

11-19           OPP             91101602                Chosen Sons of God
                (SJ)                                    Motorcycle Club
                                                        Ministries v. Sons
                                                        of God Motorcycle
                                                        Club Ministry,
                                                        Inc.

11-20           OPP             91122948                Sports Machine,
                (SJ)                                    Inc. v. Midwest
                                                        Merchandising,
                                                        Inc.

11-20           CANC            92028499                XTRA Corp. v.
                                                        U-Haul Int'l.,
                                                        Inc.


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

2(d) and        Opposition      "CHOSEN SONS            "SONS OF GOD MC
fraud;          Dismissed       OF GOD MC NEW           NEW JERUSALEM"
applicant's     [applicant's    JERUSALEM"              (and design)
claim of res    cross-motion    (and design)            [collective
judicata        for summary     [ministerial            membership mark
                judgment        services]               to indicate
                granted]                                membership in a
                                                        motorcycle club
                                                        ministry]

2(e)(1);        Opposition                              "BIKESOURCE"
applicant's     Dismissed                               [retail store
claim of res    [applicant's                            outlets featuring
judicata        cross-motion                            bicycles, bicycle
                for summary                             accessories and
                judgment                                replacement parts
                granted]                                and apparel
                                                        relating to
                                                        bicycling]

2(d);           Petition        "XTRA"                  "XTRAILER"
[whether        to Cancel       (and design)            [in Class 12:
applicant       Granted as      and several             trucks and
used its mark   to trucks,      other marks             trailers; in
in commerce     trailers,       incorporating           Class 39:
on the goods    and truck       the term "XTRA"         truck and trailer
and services    rental          [leasing of truck       rental services]
recited in its  services,       trailers, etc.]
registration    based on
as of the       no use in
date of its     commerce;
statement of    registration
use]            restricted
                to trailer
                rental
                services


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

                                                No

                                                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