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

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                               October 4-8, 2004



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

10-4            OPP             91120006                Oakley, Inc. v.
                                                        Costa Del Mar
                                                        Sunglasses, Inc.

10-4            EX              76386380                Hyatt

10-5            EX              76289638                ER Marks, Inc.
                (R)


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

2(d)            Opposition      "X-METAL"               "EX-FRAME"
                Sustained       [sunglasses]            [optical
                                and a number            and sunglass
                                of other marks,         frames]
                                including several
                                comprising single
                                letters with the
                                word "FRAME" or
                                the word "WIRE,"
                                all registered for
                                sunglasses and/or
                                goggles

2(d)            Refusal                                 "BEAUTIQUE"
                Affirmed                                [in Class 35:
                in both                                 retail store
                classes                                 services featuring
                                                        beauty care
                                                        products; and
                                                        merchandizing
                                                        beauty supplies,
                                                        designer fashions,
                                                        fashion acces-
                                                        sories, jewelry,
                                                        and footwear;
                                                        in Class 44:
                                                        beauty salons]

2(d)            Request                                 "Q CARD"
                for                                     (and design)
                Reconsid-                               [credit card
                eration                                 services]
                Denied
                (Refusal
                Affirmed)


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

                                                No

"BEAUTIQUE"                                     No
[eyeliner pencil and
crayons and lipliner
pencil and crayons;
combs and brushes for
hair]

"Q-CARD"                                        No
(and design)
[credit card
services]


(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