United States Patent and Trademark Office OG Notices: 20 July 2004

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

6-16            EX              78134755                Ivanko Barbell Co.

6-16            EX              75819436                King Chapman
                                                        & Broussard
                                                        Consulting
                                                        Group, Inc.

6-17            OPP             91152686                The Dream
                (MR)                                    Merchant Co.,
                                                        Kft. v.
                                                        Fremonster
                                                        Theatrical


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

2(e)(5)         Refusal                                 a three
[de jure        Affirmed                                dimensional
function-       on both                                 configuration
ality];         grounds                                 of a barbell
whether the                                             plate having a
mark, if not                                            raised border at
functional,                                             its circumference
has acquired                                            and seven equal
distinctive-                                            size round holes
ness under                                              that surround a
Sec. 2(f)                                               central hole
                                                        having a raised
                                                        border at its
                                                        circumference
                                                        [barbell plate
                                                        with seven holes]

2(e)(1)         Refusal                                 "CO-MANAGEMENT"
                Affirmed                                (in upper and
                in both                                 lower case
                classes                                 lettering)
                                                        [in Class 35:
                                                        management
                                                        consulting to
                                                        provide organiza-
                                                        tion change
                                                        consulting and
                                                        team facilitation;
                                                        in Class 41:
                                                        education
                                                        consulting to
                                                        provide break-
                                                        through education]

2(d);           Opposition      "CIRQUE DU SOLEIL"      "CIRQUE DE FLAMBE"
dilution        Dismissed       [entertainment          [entertainment
                [opposer's      and theatrical          services in
                motion to       services and a          the nature of
                reopen          wide variety of         circuses]
                discovery       associated
                and trial       merchandise]
                periods
                denied]


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

                                                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