United States Patent and Trademark Office OG Notices: 07 June 2005

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

                                 May 2-6, 2005



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

5-2             EX              76567756                Warrior
                                                        Lacrosse, Inc.

5-2             EX              74716136                The Sunrider Corp.


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

2(d)            Refusal                                 "SUPERSTAR"
                Affirmed                                [protective
                                                        lacrosse
                                                        equipment,
                                                        namely, gloves]

whether         Refusal                                 configuration of
applicant's     Affirmed                                the bottle cap of
specimens       in both                                 the packaging for
show use of     classes                                 applicant's goods
the mark as     (but only                               [in Class 5:
displayed in    on the                                  nutritional
its drawing;    basis that                              supplements;
whether the     the matter                              in Class 30:
matter          applicant                               herbal food
applicant       seeks to                                beverages]
seeks to        register
register        fails to
functions       function
as a mark       as a mark)
either
inherently
or by
acquired
distinctive-
ness


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

"JUNIOR                                         No
SUPERSTAR"
[soccer balls,
footballs, baseball bats
and balls, baseball
gloves, basketballs,
golf sets comprising
golf clubs, golf balls,
golf tees and a golf
bag, tennis sets
comprising a tennis
racket and tennis ball,
street hockey sets
comprising hockey
sticks, a hockey ball
and goal, and boxing
sets comprising a
punching bag and
boxing gloves]

                                                No


(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