United States Patent and Trademark Office OG Notices: 08 November 2005
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
10-4 EX 74734496 Bose Corporation
(R)
10-4 EX 78326944 Sleepyheads.com
Inc
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
Requirements Request for Product design,
for evidence Reconsidera- namely design
and in regard tion Denied of a loudspeaker
to drawing and (Refusals on [loudspeaker
description; Res Judicata systems]
Res Judicata; and on De Jure
2(e)(5); Functionality
De Jure Affirmed;
functional but other
configuration Refusals
and, if not, Reversed)
insufficient
evidence of
acquired dis-
tinctiveness
2(d) Refusal "SLEEPYHEADS.COM"
Reversed [on-line retail
store services
featuring clothing]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"SLEEPY-HEAD HOUSE" No
[retail store services
specializing in furniture
and bedding]
(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