United States Patent and Trademark Office OG Notices: 04 April 2006

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

                           February 27-March 3, 2006



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


2-28            EX              76545470                 Adrian Giger and
                                                         Thomas Giger

3-2             EX              76565486                 King Koil Licensing
                                                         Co., Inc.


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


2(e)(4)         Refusal                                 "GIGER MD"
                Affirmed                                [in Class 10:
                as to both                              medical apparatus,
                classes                                 namely, physical
                                                        therapy apparatus;
                                                        orthopedic
                                                        articles, namely,
                                                        powered exercise
                                                        machines for
                                                        therapeutic
                                                        services; and
                                                        exercise machines
                                                        for therapeutic
                                                        purposes;
                                                        in Class 28:
                                                        gymnastic and
                                                        sporting articles,
                                                        and exercising
                                                        equipment, namely,
                                                        powered exercising
                                                        equipment;
                                                        exercise machines;
                                                        and gymnastic
                                                        apparatus]

2(e)(1)         Refusal                                 "THE BREATHABLE
                Affirmed                                MATTRESS"
                                                        [beds, mattresses,
                                                        box springs
                                                        and pillows]


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


                                                Yes


                                                Yes


(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