United States Patent and Trademark Office OG Notices: 01 November 2005
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
9-29 EX 76416091 Jeff Tanner
9-29 EX 78153324 Avamar
Technologies, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d); Refusal "CLUTCH GEAR"
Section 6 Affirmed (and design)
disclaimer (but on [clothing, namely,
requirement 2(d) t-shirts, sweat-
(of the ground shirts, sports
word GEAR) only) shirts, hats and
shorts]
2(d) Refusal "AXION"
Affirmed [computer software
and hardware for
secure storage and
delivery of
electronic data;
computer software
and hardware than
enables users to
backup, restore,
archive, recover,
organize, and rep-
licate electronic
data stored in
multiple systems
across local and/or
remote networks,
and instruction and
user manuals sold
together therewith]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"CLUTCH" No
(and Japanese characters
representing a
transliteration of the
word "CLUTCH")
[clothing, namely,
suits, jackets, skirts,
pants, evening dresses,
formal dresses, short
coats, trench coats,
over coats, rain coats,
jogging pants, sweatpants
and jumpers]
"AXION SYSTEMS" No
[computer software
and hardware
installation services;
computer software
and hardware design
services, and
computer software
support services]
(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