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