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