United States Patent and Trademark Office OG Notices: 09 November 2004

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

10-5            OPP             91124853                Commerce
                OPP             91150981                Bancorp, Inc. v.
                OPP             91151895                Martell &
                                                        Associates
                                                        Financial Services
                                                        Co.

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

2(d)            Opposition      common law              "COMMERCE TRUST"
                Sustained       use of:                 [banking; credit
                in all          "COMMERCE BANK"         insurance
                three cases     and "C" design          brokerage]
                (on the basis   [banking and            "COMMERCE TRUST"
                of opposer's    mortgage lending        [mortgage banking,
                common law      services];              mortgage lending,
                use of its      pleaded regis-          and mortgage
                "COMMERCE       trations for:           brokering]
                BANK" mark)     "COMMERCE               "COMMERCE TRUST"
                                CAPITAL MARKETS"        (in stylized form)
                                [financial              [financial
                                planning services,      services, namely,
                                etc.];                  mortgage banking,
                                "COMMERCEWOW!-          mortgage lending
                                ZONE" and               and mortgage
                                "COMMERCEWOW!-          brokerage
                                ZONE"                   services]
                                (and design)
                                [both marks for
                                various educational
                                services];
                                "THE COMMERCE
                                ADVANTAGE"
                                [insurance
                                brokerage services
                                in the field of
                                personal automobile
                                and homeowner's
                                insurance], and
                                "COMMERCE"
                                [various insurance
                                agency services];
                                "C" design
                                [banking services]


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

                                                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