United States Patent and Trademark Office OG Notices: 19 July 2005
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board June 13-17, 2005 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 6-14 EX 76487498 Tactica International, Inc. 6-15 CANC 92028640 Roy Bradshaw v. (R) Cabela's, Inc. 6-16 OPP 91151474 Eden Foods, Inc. v. Thomas Brenkwitz Farms Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "SKIN SO SMOOTH" Affirmed [hair removers, as to both namely, cited depilatory registrations lotions, creams, waxes, wipes and gels] 2(d); Request for "REAL IMAGE" "REALIMAGE" whether Reconsideration and [fishing lures] cancellation Denied "REEL IMAGE" petitioner's [Petition to [trade name and pleaded trade Cancel Denied] trademark use in names and connection with trademarks have fishing lures] acquired distinctiveness 2(d) Opposition a family of "EDEN GARDEN" Sustained marks comprising (and design) or incorporating [fresh fruits] the word "EDEN" [a variety of vegetable, fruit and beverage products] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB 2 cited No registrations, both owned by the same entity: "SKIN-SO-SOFT" [bath oil] and "SKIN-SO-SOFT" [bath oi, hand and body lotion, talc, bath and shower gel, and bath oil towelettes] No 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