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