United States Patent and Trademark Office OG Notices: 27 April 2004
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
March 22-26, 2004
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
3-23 EX 75932206 H. E. Butt
Grocery Co.
3-23 EX 76086468 Burlington
Coat Factory
Warehouse Corp.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "BIG COOL BAG"
Affirmed [thermal insulated
tote bags for food]
2(d) Refusal "BCF BURLINGTON
Reversed COAT FACTORY"
(and design)
[clothing, namely,
sweatshirts,
sweatpants,
t-shirts, baseball
caps and shorts;
retail department
store services]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"COOLBAG" No
(in design format)
[thermal insulated
containers and tote
bags for food or beverage]
2 cited registrations, No
owned by related companies:
"BURLINGTON"
(in stylized form)
[clothing, namely,
suits, sport coats,
blazers, coats, jackets,
slacks, shorts, shirts,
blouses, skirts,
dresses, uniforms,
sweaters, overalls,
vests, jeans, jumpers,
ties, rainwear, parkas,
headwear, scarves,
mufflers, activewear,
sweatshirts,
sweatpants, warmup
suits, cloth bibs,
gloves, swimwear, ski
apparel, lingerie,
boxer shorts,
pajamas, sleepwear,
robes and underwear]
and
"BURLINGTON"
[hosiery]
(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