United States Patent and Trademark Office OG Notices: 27 December 2005
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
November 21-25, 2005
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
11-21 OPP 91157260 Turbo Sportswear,
OPP 91157625 Inc. v. Marmot
(MA) Mountain Ltd.
11-21 EX 78289411 On-Guard
Pool Products
11-22 EX 76515615 Quality Trans
Parts Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether Opposer's marks comprising two marks
applicant motion or incorporating a comprising a
may amend to amend stylized mountain "stylized mountain"
its answers granted design design [both marks
to the [numerous items for goods in
oppositions of clothing] Classes 18 and 25
to assert (and in other
counterclaims classes not
for cancella- opposed)]
tion based
on fraud
2(e)(1) Refusal "POOL TERRAZZO"
Affirmed [materials for
sidewalk, patio,
and swimming pool
construction,
namely, aggregate
material composed
of natural
stone pebbles]
2(d); Refusal "QUALITY"
2(e)(1) Affirmed [motor vehicle
(on 2(e)(1) parts, namely,
ground only) transmissions]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
Yes
No
"QUALITEE" No
[automotive parts,
namely, disc brake
pads, brake shoes,
brake discs, brake
drums, air filters,
oil filters, fuel
filters, clutches,
brake wheel
cylinders, brake
master cylinders,
clutch hydraulic
cylinders, timing
belts, water pumps,
starters]
(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; (MA)=MOTION TO AMEND