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