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