United States Patent and Trademark Office OG Notices: 20 December 2005

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

11-15           EX              78118147                Ab Initio
                                                        Software
                                                        Corporation

11-16           EX              76543428                Arlington
                                                        Industries, Inc.


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

2(d)            Refusal                                 "ENTERPRISE
                Reversed                                METADATA
                                                        ENVIRONMENT"
                                                        [computer programs
                                                        for the management
                                                        and maintenance of
                                                        a data processing
                                                        repository for
                                                        large volumes of
                                                        execution results;
                                                        computer programs
                                                        for communication
                                                        and processing
                                                        data among
                                                        multiple computer
                                                        systems and
                                                        operating systems;
                                                        data processing
                                                        computer programs
                                                        for processing
                                                        large volumes of
                                                        data]

2(e)(1)         Refusal                                 "THE HOOP"
                Affirmed                                [non-metal cable
                                                        holders for use
                                                        in electrical or
                                                        optical wiring
                                                        of buildings]


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

2 cited marks,                                  No
both owned by the
same entity and
both for the mark
"METADATA" for
[computer programs]
and
[manuals for use
with a computerized
data manipulative
program to create,
modify, display,
and print record
management files]

                                                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