United States Patent and Trademark Office OG Notices: 05 October 2004
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
8-31 OPP 91118664 Mandarin
Music Pty
Ltd. v.
Joseph
Alan
Kalman
Greenbaum
8-31 EX 75461855 Hewlett-Packard
Ltd.,
International
Business Machines
Corp., and
Seagate Removable
Storage Solutions
LLC
8-31 EX 76016339 Backflow
EX 76016340 Prevention
EX 76016341 Device
Inspections, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether, at Opposition "TAKSI RIDER"
the time he Dismissed (in stylized form)
filed his (for failure [prerecorded CDs,
application, to establish audio cassettes,
applicant standing) audio discs, audio
had a bona tapes, video
fide intention cassettes, and
to use his mark video discs, all
on the goods featuring music]
recited in his
application
whether joint Refusal "LINEAR TAPE-OPEN"
applicants' Affirmed [retail store
specimens show services featuring
use of their computers,
mark in electronics, and
connection with data processors;
the services mail order catalog
recited in and telephone order
their services featuring
application computers,
electronics, and
data processors]
2(e)(5) Refusal 3 marks, all for
[de jure func- Affirmed configurations of
tionality]; under 2(e)(5) applicant's goods
whether, if and for lack of and each described
not function- distinctiveness as: a configuration
al, appli- under 2(f) of an enclosure
cant's marks with no sharp
have acquired corners, consisting
distinctive- of a rounded pipe
ness under (or rounded angle
2(f) iron)
on each end bent
in a radius with
expanded metal
covering the open
spaces within the
radius and between
the rounded pipes
(or rounded angle
irons)
[all three marks
for enclosures for
protection of
backflow
assemblies, namely,
a metal cage
placed over
backflow assembl-
ies]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
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