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