United States Patent and Trademark Office OG Notices: 29 March 2005

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

                          February 21-25, 2005



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

2-23            EX              76416351                Volvo Penta of
                                                        the Americas,
                                                        Inc.

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

2(d)            Refusal                                 "OCEAN SERIES"
                Reversed                                [marine engines]
                as to each
                cited
                registration

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

3 cited                                         No
registrations,
all owned by the
same entity:
a mark
consisting of
the words "PRO,"
"OCEAN" and
"PRODUCTS CA.,
U.S.A.," all
arranged in a
stylized design
format
[marine
propulsion
engines
and parts
therefor,
namely,
(with a list of
specific items),
and the like];
"OCEAN PRO"
[same recitation
as above except:
the words "and
the like" do not
appear in the
recitation of
goods and the
words "excluding
marine outboard
motors and
component parts
therefor" do
appear at the
end of the
recitation];
"OCEAN PRO"
[inboard and
outboard engines
for recreational
boats and water
craft]

(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