United States Patent and Trademark Office OG Notices: 16 November 2004

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

                              October 11-15, 2004



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

10-13           EX              75622840                Exel Oyj


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

2(d)            Refusal                                 "NORDIC WALKER"
                Affirmed                                (in
                as to both                              stylized form)
                cited                                   [exercise
                registrations                           equipment,
                                                        namely, hand-held
                                                        poles used to
                                                        enhance the
                                                        exercise
                                                        benefits of
                                                        walking or
                                                        running]


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

2 cited registrations,                          No
both owned by the same
entity:
"NORDICTRACK"
[cross country
ski simulator
and exercise unit];
"NORDICTRACK"
(in stylized form)
[exercise equipment,
namely, aerobic
exercise equipment,
treadmills,
stationary cycles,
cross country ski
simulator machines,
elliptical cross
trainers, rowing
machines, stair
climbers, rider-type
exercisers, air
walker-type
exercisers, spot
toning exercisers,
strength training
machines, and
stepper exercise
machines]


(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