United States Patent and Trademark Office OG Notices: 15 June 2004

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

5-11            OPP             91117623                RaceTrac
                                                        Petroleum, Inc.
                                                        v. ETW Corp.


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

2(d)            Opposition      "RACEWAY"               "RACE WAY"
                Dismissed       [automobile             (and design)
                                filling                 [various air
                                station services;       powered tools,
                                convenience             including
                                store services;         paint guns,
                                motor oil];             pop riveters,
                                "RACEWAY"               drills, wrenches,
                                (and design)            grinders, sanders,
                                [retail                 etc.;
                                convenience             various hand
                                store services;         tools, including
                                automobile              hammers, punches,
                                filling station         chisels, pry bars,
                                services]               wrenches, sockets,
                                                        pliers, screw-
                                                        drivers, files,
                                                        etc.;
                                                        hand-held
                                                        diagnostic equip-
                                                        ment for motor
                                                        vehicles, namely,
                                                        mutli-meters,
                                                        timing lights,
                                                        battery testers,
                                                        and compression
                                                        testers;
                                                        mobile tool carts
                                                        and mobile stands
                                                        for dispensing
                                                        masking paper
                                                        and tape;
                                                        air hoses for
                                                        pneumatic tools;
                                                        tool chests and
                                                        tool roll
                                                        cabinets]


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

                                                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