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