United States Patent and Trademark Office OG Notices: 11 October 2005
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
September 5-9, 2005
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
9-6 CANC 92033012 Doyna, Ltd. v.
Doyna Michigan Co.
9-6 CANC 92032506 Beneficial
Franchise Co.,
Inc. v. Ladenburg
Thalmann & Co. Inc.
9-7 EX 76513504 BCPBank National
Association
9-7 EX 78210957 Lawn Tennis
Association of
Australia Limited
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(2); Petition "ZHIGULY"
2(e)(3); 2(a) to Cancel [beer]
[deceptive] Granted
(on
2(e)(3)
ground
only)
2(d); 2(a) Petition "SMART MONEY" "SERVING THE SMART
[deceptive]; to Cancel [interactive MONEY SINCE 1876"
2(e)(1) Denied; computer programs [stock brokerage,
[deceptively Counter- for educational use security brokerage,
mis-descrip- claim for and instructional investment banking,
tive]; Cancel- manuals sold as a investment brok-
affirmative lation unit therewith] erage, investment
defenses of Denied consultation,
laches, financial planning,
acquiescence, financial research,
estoppel, financial manage-
and waiver; ment, investment
counterclaim management]
for
cancellation
on the
following
grounds:
2(e)(1)
[merely
descriptive];
abandonment
2(d) Refusal "BEYOND THE
Reversed EXPECTED"
[banking services]
Section 6 Refusal "AUSTRALIAN OPEN
disclaimer Affirmed TENNIS WORKOUT"
requirements in both (and design)
(of TENNIS classes [in Class 25:
WORKOUT clothing, namely,
as to Class t-shirts, singlets,
25 goods jumpers, vests,
and of shorts, skirts,
AUSTRALIAN one piece sports
OPEN TENNIS dresses, track suit
WORKOUT pants and jackets,
as to Class casual jackets,
41 services) casual pants,
waterproof jackets
and vests, wind-
proof jackets and
vests, neckties;
footwear, namely,
socks; headgear,
namely, caps,
bucket hats and
visors;
in Class 41:
arranging and
conducting fitness
programs; training,
instructional and
teaching services,
namely, arranging
and conducting
classes and
seminars in the
field of tennis;
physical education
services; providing
facilities for
sports and recrea-
tional activities;
providing sport and
recreation informa-
tion; organizing
sporting events and
competitions; all
relating to tennis]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
"BANKING BEYOND No
YOUR EXPECTATIONS"
[banking services, etc.]
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