United States Patent and Trademark Office OG Notices: 21 September 2004

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

8-17            EX              76335059                Palmer
                                                        Asphalt Co.

8-17            CANC            92032516                Born Again
                                                        Clothing, Inc. v.
                                                        Richard C. Reilly


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

2(d)            Refusal                                 "DUREX"
                Affirmed                                [asphalt and
                                                        elastomeric
                                                        coatings and
                                                        cements, other
                                                        than protective
                                                        coatings applic-
                                                        able to various
                                                        substrates for
                                                        use as a lining
                                                        or coating, all
                                                        for roofing,
                                                        waterproofing
                                                        and damp proofing]

abandonment     Petition        "RILEY"                 "REILLY"
[partial        to Cancel       (and design)            (and design)
cancellation    registration    [a line of vintage      [in Class 25:
of a two-class  as to Class 25  and used clothing]      footwear, headwear,
registration    denied                                  and clothing,
(in Class 25)]                                          namely, shirts,
                                                        shorts, pants and
                                                        jackets]


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

"DUR-X-LINE"                                    No
[protective coatings
applicable to various
substrates for use as a
lining or coating]

                                                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