United States Patent and Trademark Office OG Notices: 02 November 2004

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

9-29            EX              76167910                Zimmerman &
                                                        Partners
                                                        Advertising, Inc.

9-29            EX              76082804                Inventor's
                                                        World, Inc.

9-29            OPP             91105133                The Pep
                                                        Boys
                                                        Manny, Moe &
                                                        Jack of
                                                        California
                                                        v. Teera
                                                        Hanharutavian
                                                        and Krieng
                                                        Wongtangjai

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

2(d)            Refusal                                 "BRANDTAILING"
                Affirmed                                [advertising
                                                        agency services,
                                                        namely,
                                                        promoting
                                                        clients through
                                                        radio,
                                                        television,
                                                        print and other
                                                        forms of media
                                                        for next day
                                                        sales through
                                                        the creation of
                                                        a marketing/
                                                        business plan
                                                        from which a
                                                        specialized
                                                        five step
                                                        advertising
                                                        campaign is
                                                        created and
                                                        implemented]

2(e)(1)         Refusal                                 "THE AMERICAN
                Affirmed                                INVENTOR"
                                                        [printed
                                                        publications,
                                                        namely, books,
                                                        magazines, and
                                                        pamphlets in
                                                        the field of
                                                        inventors and
                                                        inventions]

2(d);           Opposition      "PEP BOYS"              "CARRYBOY"
dilution;       Sustained       [retail store           (and design)
whether the     in both classes services in the         [in Class 12:
application     on the ground   field of                truck
was void ab     that the        automotive              accessories,
initio          application was accessories]            namely, front
(i.e., whether  void ab initio  and a number            and rear bumper,
applicant's     and on the      of related marks        vehicle seats,
mark was in     ground of fraud for related             camper shell,
use in commerce                 goods and               gear shift lock,
prior to the                    services and            wheel house
filing date of                  promotional items       liner,
its                                                     anti-theft door
application);                                           security lock,
fraud                                                   anti-sway bar,
                                                        finished safety
                                                        glass windows
                                                        for vehicles,
                                                        and side bumper;
                                                        in Class 27:
                                                        fit floor tray,
                                                        namely, floor
                                                        mats for
                                                        vehicles]

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

"BRANDRETAIL"                                   No
[printed reports
regarding
marketing and
advertising;
marketing
research and
preparing
advertisements
for others]

                                                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