United States Patent and Trademark Office OG Notices: 20 January 2004

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

12-17           CANC            92031423                H. E. Butt Grocery
                (SJ)                                    Co. v. Innovative
                                                        Foods L.L.C.

12-17           EX              76329770                HEB Grocery Co.,
                                                        L.P.

12-18           EX              76180488                Creative Action,
                                                        Inc.


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

2(d)            Petition        "HILL COUNTRY FARE"     "TASTE OF THE HILL"
                to Cancel       and "TASTE OF THE HILL  [specialty Italian
                Denied          COUNTRY"                foods, namely,
                (Respondent's   [both marks for coffee] pasta sauces,
                motion for                              pasta, salad
                summary                                 dressings, spices,
                judgment                                coffees, barbecue
                granted)                                sauces, pastries
                                                        and frozen
                                                        confections]

whether         Refusal                                 "MEAL DEAL!"
applicant's     Affirmed                                [supermarket
specimens                                               services]
show service
mark use of
the mark it
seeks to
register in
connection
with its
recited
services

2(d)            Refusal                                 "EZ WHEELER"
                Affirmed                                (and design)
                                                        [invalid walkers,
                                                        namely, wheeled
                                                        walkers and
                                                        rollators with w
                                                        aist-level handles
                                                        to facilitate
                                                        ambulation and on
                                                        integral lift
                                                        mechanism to lift
                                                        items]


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

                                                No

                                                No

"EASY WHEEL"                                    No
(and design)
[wheelchairs for disabled
persons for transport by
land, and replacement
parts for the
aforementioned goods]


(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