United States Patent and Trademark Office OG Notices: 04 May 2004

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

3-31            EX              75980413                Northland Organic
                                                        Foods Corp.

3-31            EX              76249513                Peter Thomas
                                                        Roth Labs, LLC

3-31            EX              76320516                H. D. King

4-1             EX              75613624                F. Schumacher
                                                        & Co.


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

2(d)            Refusal                                 "NORTHLAND
                Affirmed                                ORGANIC FOODS"
                as to                                   [transportation
                both cited                              by freight, train,
                registrations                           and truck and
                                                        storage of seeds
                                                        and grain]

2(d)            Refusal                                 "PETER"
                Affirmed                                [hair care
                                                        preparations and
                                                        a wide variety of
                                                        cosmetics, skin
                                                        care preparations,
                                                        and fragrances]

2(d)            Refusal                                 "THE HOT DOG KING"
                Reversed                                (and design)
                                                        [restaurant
                                                        services]

whether the     Refusal                                 the configuration
packaging       Reversed                                of the rounded
for             as to the                               binding of appli-
applicant's     goods in                                cant's wallpaper
goods is an     Class 16;                               sample books
inherently      Refusal                                 [in Class 16:
distinctive     Affirmed                                sample books for
trademark       as to the                               wallcoverings and
for its goods   goods in                                wallpaper;
or, in the      Class 27                                in Class 27:
alternative,                                            vinyl wall-
has acquired                                            coverings and
distinctive-                                            wallpaper]
ness as a
trademark


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

2 cited                                         No
registrations
owned by the
same entity:
"NORTHLAND EXPRESS
TRANSPORT" and
"NORTHLAND EXPRESS
TRANSPORT"
(and "N" design)
[both marks for freight
transportation of
goods by truck and
freight brokerage services]

"PETERER"                                       No
[a wide variety of
cosmetics and skin
care products]

"JOE & NEMO                                     No
SINCE 1905
THE HOT DOG KINGS"
(and design)
[fast food
restaurant services]

                                                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