United States Patent and Trademark Office OG Notices: 29 June 2004

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

                                May 24-28, 2004



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

5-21**          OPP             91150958                Red Bull GmbH v.
                OPP             91150961                American Baseball
                                                        Co., Inc.


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

2(d)            Opposition      "RED BULL"              "BULL NECK" and
                Dismissed       [trade name use         "PLAY BALL
                in both         and use as a            WITH THE BULL"
                cases           trademark for malt      [both marks for
                                liquor, various         leather sports
                                non-alcoholic bev-      equipment, namely,
                                erages, including       baseball gloves]
                                energy drinks and
                                sports drinks, and
                                for other products
                                and services,
                                including balls
                                for baseball and
                                sports events and
                                competitions,
                                namely, baseball
                                and football
                                games];
                                "BULL"
                                [energy and
                                sports drinks];
                                "ENERGY BULL"
                                [sports and energy
                                drinks, etc.;
                                technical
                                consultation and
                                research services
                                in the field of
                                food and
                                beverages, health
                                and fitness,
                                sports, sports
                                training and
                                physical
                                performance];
                                "SPEEDY BULL"
                                [energy and sports
                                drinks, etc.]


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

**Inadvertently omitted from the weekly summary for May 17-21, 2004