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

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

                               June 14-18, 2004



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

6-15            EX              76269506                The Children's
                                                        Museum of
                                                        Indianapolis, Inc.

6-15            EX              76290744                Dial-A-Mattress
                                                        Operating Corp.


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

whether         Refusal                                 "Y-?"
applicant's     Affirmed                                [publications,
specimens                                               namely, a news-
show                                                    paper column
trademark                                               consisting of
use of its                                              articles of
mark                                                    general interest
                                                        to children,
                                                        teenagers and
                                                        young adults]

whether         Refusal                                 "1-800-MATTRESS"
applicant       Reversed                                (with "800"
is seeking                                              rendered in
registration                                            dotted lines to
of more than                                            indicate that
a single                                                applicant makes
mark in its                                             no claim to that
application                                             number as a
["phantom                                               feature of
mark"]                                                  its mark)
                                                        [telephone
                                                        shop-at-home
                                                        retail services
                                                        and retail store
                                                        services in the
                                                        field of
                                                        mattresses and
                                                        bedding, namely,
                                                        sheets, mattress
                                                        pads and pillows]


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

                                                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