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