United States Patent and Trademark Office OG Notices: 01 February 2005

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

12-30           EX              76297319                Lidl Stiftung
                                                        & Co. KG


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

2(d)            Refusal                                 "STEAKCOUNTRY"
                Affirmed                                [in Class 29:
                in both                                 meat, frozen meat;
                classes as                              meat products,
                to both                                 namely, roast,
                cited                                   burgers, minced
                registra-                               meat beef, meat-
                tions                                   balls, meat salad,
                                                        also deep frozen;
                                                        prepared meals
                                                        consisting
                                                        primarily of meat
                                                        with the addition
                                                        of vegetable,
                                                        farinaceous pastes,
                                                        potatoes, and/or
                                                        rice;
                                                        in Class 30:
                                                        prepared meals
                                                        consisting
                                                        essentially of
                                                        vegetables,
                                                        farinaceous pastes,
                                                        potatoes and/or
                                                        rice; with
                                                        the addition of
                                                        meat and also
                                                        deep frozen]


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

2 cited                                         No
registrations,
both owned by
the same entity:
"STEAKOUNTRY"
and
"STEAKOUNTRY"
(in stylized
lettering)
[both marks for
restaurant 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