United States Patent and Trademark Office OG Notices: 08 June 2004

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                                 May 3-7, 2004



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

5-4             EX              76345344                Diamond Machining
                                                        Technology, Inc.

5-5             EX              76394362                3522806
                                                        Canada Inc.

5-6             EX              76374859                Stuller, Inc.

5-6             EX              76311622                Sierra
                                                        Design Group


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

genericness;    Refusal                                 "DIAMOND
whether, if     Affirmed                                WHETSTONE"
not generic,    on ground                               [whetstones
mark has        that mark                               for sharpening,
acquired        is merely                               honing, deburring
distinctive-    descrip-                                and abrading]
ness under      tive and
Section 2(f)    without
                acquired
                distinc-
                tiveness
                under 2(f)

whether         Refusal                                 "ULALENA"
the matter      Affirmed                                (in stylized
applicant                                               lettering)
seeks to                                                [entertainment
register                                                in the nature
functions                                               of theatre
as a                                                    productions]
service
mark or
merely as
the title
of a single
creative
work

2(e)(1)         Refusal                                 "OCTET"
                Affirmed                                [jewelry,
                                                        namely, rings and
                                                        gemstone settings]

2(e)(1)         Refusal                                 "CASINO
                Reversed                                MERCHANDISING
                                                        TECHNOLOGY"
                                                        [networked gaming
                                                        system comprising
                                                        gaming machines
                                                        and accounting
                                                        and gaming
                                                        software]


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

                                                No

                                                No

                                                No

                                                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