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