United States Patent and Trademark Office OG Notices: 12 October 2004

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

9-8             OPP             91110915                R.C.S. Periodici
                (R)                                     S.p.A. v.
                                                        Max H. Schwartz

9-8             EX              78058216                Candy Bouquet
                                                        Int'l., Inc.

9-8             EX              76379678                Keith W.
                                                        Carmichael

9-8             EX              78175476                Julie White


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

2(d)            Request         "MAX"                   "MAX MAGAZINE"
                for             [adult                  (and design)
                Reconsid-       entertainment           [magazine
                eration         magazines;              expressly for
                Denied          "MAX GENERATION"        readers over
                (Opposition     [general feature        thirty years of
                Sustained)      magazines,              age featuring
                                entertainment           topics about their
                                magazines,              lifestyles and on
                                computer magazines,     medicine, health,
                                travel magazines,       and diet]
                                and technical
                                magazines]

genericness;    Refusal                                 "CANDY BOUQUET"
whether         Affirmed                                [retail, mail,
applicant's                                             and computer order
mark, if not                                            services in the
generic, has                                            field of gift
acquired                                                packages of candy]
distinctive-
ness under
Sec. 2(f)

2(d)            Refusal                                 "LEGEND LESPEDEZA"
                Affirmed                                [common or
                                                        striate Lespedeza
                                                        (Kummerowia
                                                        striata) seed used
                                                        by pasture owners
                                                        or managers for
                                                        growing forage
                                                        for livestock
                                                        consumption]

2(a)            Refusal                                 "APACHE"
[false          Affirmed                                [cigarettes]
suggestion
of a
connection]


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

                                                No

                                                Yes

"LEGEND"                                        No
[grass seed mixtures]

                                                Yes


(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