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