United States Patent and Trademark Office OG Notices: 02 May 2006
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
March 27-31, 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
3-27 EX 75819306 ALP of South
Beach Inc.
3-27 EX 76552294 Olieco, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(a) Refusal "CAFETERIA"
[deceptive] Affirmed [restaurants
providing full
service to sit-down
patrons, excluding
cafeteria-style
restaurants]
2(d); Refusal "OLIVER'S PIZZA HOT
Section Affirmed & FRESH AUTHENTIC
6 disclaimer on all grounds ITALIAN TASTE"
requirement except (and design)
(of words requirement for [restaurant
PIZZA, HOT & a new drawing services]
FRESH and
AUTHENTIC
ITALIAN
TASTE!);
whether
applicant
must submit
a new drawing
of its mark
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
Yes
"OLIVERS" No
[restaurant and
carry-out services]
(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