United States Patent and Trademark Office OG Notices: 03 August 2004

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

                            June 28 - July 2, 2004



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

6-28            CANC            92028640                Roy Bradshaw v.
                                                        Cabela's, Inc.

6-29            EX              76329041                Red Lion
                                                        Mfg., Inc.

6-29            EX              76303536                RHR Int'l. Co.


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

2(d);           Petition        "REAL IMAGE" and        "REALIMAGE"
whether         to Cancel       "REEL IMAGE"            [fishing lures]
cancellation    Denied          [trade name and
petitioner's                    trademark use in
pleaded trade                   connection with
names and                       fishing lures]
trademarks
have acquired
distinctive-
ness

2(d)            Refusal                                 "ZR"
                Affirmed                                (in stylized
                                                        lettering)
                                                        [golfwear, namely,
                                                        jackets, pull-
                                                        overs, vests,
                                                        slacks, pants,
                                                        shirts, shorts,
                                                        hats, caps,
                                                        visors, ear bands,
                                                        gloves, and
                                                        fleece-lined hand
                                                        warmers not
                                                        related to or for
                                                        use with
                                                        snowmobiles]

2(d)            Refusal                                 "CHANGING-
                Affirmed                                WORKS"
                as to                                   [business
                both cited                              consultation
                registrations                           services relating
                                                        to organizational
                                                        assessment and
                                                        improvement]


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

                                                No

"ZR"                                            No
[snowmobile
suits and jackets]

2 cited registrations,                          No
both owned by the
same entity:
"THE CHANGE WORKS"
(and design
incorporating a
question mark and
a lower case "a")
[business management
and consultation] and
"THE CHANGE WORKS"
[business consultancy
services; business
management and business
organizational
consultancy services]


(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