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