United States Patent and Trademark Office OG Notices: 01 August 2006

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


6-28            EX              76516814                Abercrombie & Fitch
                                                        Trading Co.


6-28            EX              76414674                Telescan L.L.C.


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


2(d)            Refusal                                 "Design of a
                Affirmed                                Seagull"
                                                        [no wording]
                                                        [clothing, namely,
                                                        beachwear, belts,
                                                        boxer shorts,
                                                        jackets, jeans,
                                                        knit shirts, knit
                                                        tops, pants,
                                                        shirts, shorts,
                                                        skirts, socks,
                                                        sweat shirts,
                                                        sweaters, swim
                                                        wear, t-shirts
                                                        and tank tops,
                                                        sold exclusively
                                                        in Hollister Co.
                                                        stores, catalogs,
                                                        and online web
                                                        site, Class 25;
                                                        retail clothing
                                                        store services,
                                                        Class 35]


2(d); 2(e)(1)   2(e)(1)                                 "VMAIL"
[descriptive]   Refusal                                 [computer for a
                Affirmed;                               voice message
                2(d)                                    system and a
                Refusal                                 computer program
                Reversed                                for operating a
                                                        voice messaging
                                                        system for use
                                                        with a computer
                                                        voice messaging
                                                        system]


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


"SEAGULL"                                       No
[men's underwear
shorts, children's
shorts, and gym
shorts, Class 25]
"SEAGULL"
[various packs,
bags and cases
in Class 18;
various clothing
items in Class 25;
and import-export
agencies in the
fields of clothing,
accessories, gift
items, bags and swim
accessories; mail
order catalog services
in the field of
clothing, clothing
accessories, gift
items, bags and swim
accessories, both
services in Class 35]


"OPTIMAL V-MAIL"                                No
[telecommunication
services, namely,
providing voice
mail 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