United States Patent and Trademark Office OG Notices: 11 July 2006

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

                             June 5-9, 2006



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

6-5             OPP             91153479                American Flange &
                OPP             91154680                Manufacturing Co.,
                                                        Inc. v. Rieke Corp.

6-5             EX              76181456                Settec, Inc.


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

whether         Opposition                              two product designs
applicant's     Sustained                               for plugs that form
marks are       in both                                 integral parts of
functional;     cases                                   closure systems for
whether         based on                                55-gallon drums
applicant's     functionality                           [metal closure
marks have      and the                                 fittings for
acquired        failure to                              drum containers]
distinctive-    show distinc-
ness; fraud     tiveness, but
                not on the
                basis of
                fraud

whether         Refusal                                 "ALPHA-DISC"
applicant's     Affirmed                                (and design)
specimens                                               [blank optical
are                                                     discs; blank CDs
acceptable                                              for audio and
to show use                                             video recording;
of its mark                                             blank CD-ROMs;
in commerce                                             blank video discs;
                                                        pre-recorded
                                                        optical discs
                                                        featuring motion
                                                        pictures or music;
                                                        and a number of
                                                        other goods;
                                                        computer software
                                                        for applying copy
                                                        protection to all
                                                        of applicant's
                                                        recited goods]


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