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