United States Patent and Trademark Office OG Notices: 03 August 2004
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
6-30 OPP 91152083 The Goodyear
Tire & Rubber Co.
v. Camoplast, Inc.
6-30 EX 75470334 Jacobson, Price,
Holman & Stern,
PLLC
7-2 OPP 91122927 Nixalite of
America Inc. v.
Bird Barrier of
America, Inc.
7-2 EX 76411171 Baldwin
Piano, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
de jure Opposition configuration of
functional- Sustained the tread pattern
ity; whether, on all located over the
if not grounds entire outside
functional, surface of
applicant's applicant's rubber
mark is tracks
inherently [rubber tracks
distinctive used in land
or has vehicles]
acquired
distinctive-
ness
2(e)(1) Refusal "FILEFINDER"
Affirmed [a computer
program used
as a tool in
connection with
electronic records
management, paper
records manage-
ment, and
three-dimensional
inventory records
management]
genericness Opposition "BIRD BARRIER"
[whether Sustained (and design)
applicant's (but [pest control
mark is applicant devices, namely,
registrable allowed non-electric metal
without a time to wire attached to a
disclaimer of submit structure for
the words disclaimer) deterring birds
BIRD from landing and
BARRIER] perching]
2(e)(4) Refusal "BREWSTER"
Affirmed [pianos]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
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