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