United States Patent and Trademark Office OG Notices: 30 December 2003
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
11-26 EX 76301290 Creative Cookie,
ETC, LLC
11-26 OPP 91096445 Kellogg Co.
OPP 91096699 v. ACH Food
OPP 91097357 Companies, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "CREATIVE COOKIE"
Affirmed (and design)
[fortune cookies]
2(e)(1); Opposition "NUTTY OATS,"
whether Sustained "NUTTY CORN," and
applicant's in all "NUTTY MULTIGRAIN"
"NUTTY CORN" three cases [all three marks
mark has for breakfast
acquired cereal]
distinctive-
ness through
use in
commerce
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"CREATIVE CROISSANTS" No
[baked goods, namely,
croissants, rolls,
breads, muffins, buns,
cookies and pastries
sold for consumption
on and off the premises]
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