United States Patent and Trademark Office OG Notices: 07 September 2004

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

                            August 2-6, 2004



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

8-3             EX              76398622                Cinema
                                                        Ride, Inc.

8-3             EX              78058459                Herbal
                                                        Dynasty
                                                        LLC

8-4             EX              76334833                George R. Chaby,
                                                        Inc.


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

2(d)            Refusal                                 "DINNERS2NITE"
                Affirmed                                [arranging dinner
                                                        reservations for
                                                        others]

2(d)            Refusal                                 "HERBAL DYNASTY"
                Affirmed                                [in Class 5:
                as to Class                             dietary and
                30 on the                               nutritional
                basis of                                supplements;
                both cited                              in Class 30:
                registrations;                          herbal teas]
                Refusal
                Reversed
                as to Class 5

2(d)            Refusal                                 "NEWPORT
                Affirmed                                RAINGEAR"
                in both                                 [in Class 18:
                classes                                 umbrellas;
                                                        in Class 25:
                                                        raingear, namely,
                                                        rain-resistant
                                                        ponchos]


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

"DINING-                                        No
TONIGHT.COM"
[making on-line
restaurant
reservations for
others and
providing
information about
restaurants
on-line
via a global
computer network]

2 cited                                         No
registrations,
both owned by the
same entity:
"DYNASTY"
(in stylized
letters)
[teas, spices, and
other food
items] and
"DYNASTY"
(and design)
[teas, spices,
and other food
items]


2 cited                                         No
registrations,
owned by different
entities:
"NEWPORT"
[suitcases,
valises, and
travelling bags]
and
"NEWPORT" [outer
shirts]

(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