United States Patent and Trademark Office OG Notices: 23 November 2004

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

                              October 18-22, 2004



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

10-19           OPP             91125436                Grupo Industrial
                (SJ)                                    Tlajomulco S.A. de
                                                        C.V. and Bacardi
                                                        Co. Ltd. v.
                                                        Tequila Centinela,
                                                        S.A. de C.V.

10-19           EX              76388939                Nixon


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

fraud;          Opposition                              "CABRITO"
whether         Sustained                               (and design)
opposer         (Opposers'                              [alcoholic
Bacardi         motion for                              beverages, exclud-
had standing    summary                                 ing beer, namely,
to oppose       judgment                                distilled liquor,
[Note:          granted)                                wine, wine coolers,
Issue of                                                prepared alcoholic
fraud had                                               cocktails and
already                                                 aperitifs, and
been                                                    alcoholic drinks,
resolved                                                namely, liqueurs,
in opposer's                                            hard cider, brandy
favor in                                                spirits, distilled
decision                                                liquors, distilled
issued                                                  spirits, gin, wine,
2/2/04]                                                 whiskey, vodka,
                                                        rum, tequila,
                                                        anisette aguamiel,
                                                        aguardiente]

2(d)            Refusal                                 "PASSPORT
                Affirmed                                TRAVEL SPA"
                                                        [operating
                                                        beauty salons
                                                        and rendering
                                                        spa services]


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

                                                No

"PASSPORT"                                      No
(and design)
[therapeutic
massage 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