United States Patent and Trademark Office OG Notices: 29 November 2005

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                              October 24-28, 2005



Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

10-24           OPP             91124967                Wyeth v. David M.
                                                        Graham

10-24           EX              76343540                The United States
                                                        Academic Decathlon
                                                        Association

10-24           EX              76508596                Gags and Games,
                                                        Inc.


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Opposition      "ADVIL"                 "ADVALIFE"
                Sustained       [three registrations:   [stylized]
                                an analgesic            [vitamins, minerals
                                preparation;            and nutritional
                                anti-pyretic and        dietary
                                anti-inflammatory       supplements]
                                preparations and
                                preparations for the
                                treatment of juvenile
                                arthritis, rheumatoid
                                arthritis and
                                osteoarthritis; cold
                                and sinus relief
                                medicines]

2(e)(1)         Refusal on                              "ACADEMIC
                genericness                             DECATHLON"
                reversed;                               [educational and
                refusal on                              entertainment
                descriptiveness                         services, namely,
                affirmed;                               academic
                refusal on                              competitions and
                lack of                                 educational
                acquired                                testing]
                distinctiveness
                reversed

2(d); 6(a);     Refusal                                 "HALLOWEEN USA"
1(a)            under 1(a)                              and design
[specimen]      reversed;                               [retail store
                refusals                                services featuring
                under 2(d)                              a wide variety of
                and 6(a)                                general merchandise
                affirmed                                with a Halloween
                                                        theme]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

                                                No

                                                No

"HALLOWEEN                                      No
U.S.A." and design
[retail store services
featuring a wide variety
of general merchandise
with a Halloween theme]


(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