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