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