United States Patent and Trademark Office OG Notices: 26 October 2004
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
9-22 OPP 91120905 American Sporting
CANC 92031180 Goods Corp. v.
Glory Shoes Co.,
Inc.
9-22 EX 76447366 Tee and Ell
Weightlifting
and Exercise
Enterprises, Inc.
9-22 EX 76411174 Gibson Piano
Ventures, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "AVIA" in the opposition:
Sustained [athletic shoes; "AVA II"
and all purpose sport (and design)
Petition bags, duffel bags, [shoe bags
to Cancel tote bags, waist for travel, travel
Granted packs, shoulder bags, all purpose
bags and book bags; athletic bags, gym
and other goods] bags, leather
and "AVIA" shopping bags,
(and design) textile shopping
[athletic shoes, bags, shoulder
t-shirts, sweat- bags, and school
suits, shorts, and bags]
polo shirts] in the
cancellation:
"AVA"
[footwear]
whether the Refusal "WESTSIDE BARBELL"
mark on Affirmed [in Class 9:
applicant's as to prerecorded video
drawing is a Class 41 tapes featuring
substantially services instruction and
exact on ground training in the
representa- that field of
tion of the specimens weightlifting;
mark shown fail to in Class 41:
on its show educational
specimens of service services, namely,
use; whether mark use; training services
applicant's Refusal in the field of
specimens Reversed strength and
show service as to both conditioning
mark use of classes as training]
its mark in to refusal
connection that
with its drawing is
recited not a
services] substantially
exact
representation
of the mark
in use
2(e)(4) Refusal "FRANKE"
Affirmed [pianos]
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