United States Patent and Trademark Office OG Notices: 28 June 2005

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

5-25            EX              76399744                Poulsen
                                                        Roser ApS

5-25            EX              78155921                HMS Motorsports
                                                        LLC


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

genericness     Refusal                                 "SHENANDOAH"
(plant          Affirmed                                [live roses
varietal)                                               and live clematis]

2(d)            Refusal                                 "48"
                Affirmed                                (in stylized
                in all                                  form)
                three                                   [in Class 16:
                classes                                 a wide variety of
                                                        motorsports racing
                                                        souvenirs and
                                                        memorabilia sold
                                                        through specialized
                                                        outlets featuring
                                                        motorsports racing
                                                        merchandise and
                                                        paraphernalia,
                                                        including trading
                                                        cards, decals and
                                                        stickers, art
                                                        prints and
                                                        posters;
                                                        in Class 25:
                                                        a wide variety of
                                                        motorsports racing
                                                        souvenirs and
                                                        memorabilia sold
                                                        through specialized
                                                        outlets featuring
                                                        motorsports racing
                                                        merchandise and
                                                        paraphernalia,
                                                        including pants,
                                                        shirts, caps,
                                                        shoes, and jackets;
                                                        in Class 28:
                                                        a wide variety of
                                                        motorsports racing
                                                        souvenirs and
                                                        memorabilia sold
                                                        through specialized
                                                        outlets featuring
                                                        motorsports racing
                                                        merchandise and
                                                        paraphernalia,
                                                        including miniature
                                                        toy cars
                                                        (made of various
                                                        materials),
                                                        hand-held units for
                                                        playing electronic
                                                        games, and a
                                                        variety of other
                                                        toys]


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

                                                No

2 cited registrations,                          No
owned by different
entities:
"48"
[playing cards]
and
"48 JEANS"
[denim
pants, denim shirts,
knit shirts, t-shirts,
baseball caps,
footwear, and jackets]


(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