United States Patent and Trademark Office OG Notices: 14 June 2005

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

                             May 9-13, 2005



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

5-9             OPP             91121457                South Beach
                                                        Beverage Company,
                                                        Inc. v. Stephen
                                                        Schwartz

5-9             EX              76365499                Day International,
                                                        Inc.


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

2(d)            Opposition      "SOBE"                  "SOBE SPARKLING
                Sustained       [tea, juice drinks      WINE"
                                containing water;       (and design)
                                frozen dairy products,  [sparkling wine]
                                namely, ice cream;
                                coffee; concentrates
                                and solids for the
                                preparation of
                                beverages, namely,
                                coffee and tea;
                                candies; cakes and
                                pastries; concentrates
                                and solids for the
                                preparation of juice
                                drinks containing
                                water, sports
                                nutritional drinks;
                                packaged tea drinks,
                                namely, tea, iced tea,
                                tea flavored with
                                fruit, herbal tea and
                                herbal food beverages;
                                packaged fruit juice
                                drinks and packaged
                                sports drinks, all
                                containing water]

2(d)            Refusal                                 "ADVANTAGE"
                Affirmed                                [printing blankets]


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

                                                No

"ADVANTAGE"                                     No
[printing ink]


(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