United States Patent and Trademark Office OG Notices: 13 June 2006

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

                             May 8-12, 2006



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

5-8             OPP             91122465                Mini Melts, Inc.
                OPP             91156483                v. Dippin' Dots,
                OPP             91159112                Inc.


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

issue           Opposition                              configuration of
preclusion      Sustained                               the goods in the
as to 2(e)(5)   in all three                            form of a sphere
[functional     cases on                                [ice cream beads
matter]         the basis                               less than 10mm in
                of issue                                diameter and sold
                preclusion                              in composite
                                                        form];

                                                        configuration of
                                                        the goods in the
                                                        form of multiple
                                                        spheres, colored
                                                        pink and arranged
                                                        within a container
                                                        (the container
                                                        not being part of
                                                        the mark)
                                                        [ice cream and
                                                        frozen yogurt];

                                                        configuration of
                                                        the goods in the
                                                        form of multiple
                                                        spheres of various
                                                        sizes, colored
                                                        brown and arranged
                                                        within a container
                                                        (the container
                                                        not being part of
                                                        the mark)
                                                        [ice cream, frozen
                                                        yoghurt and novelty
                                                        frozen water beads]


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

                                                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