United States Patent and Trademark Office OG Notices: 01 August 2006
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
June 26-30, 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
6-28 CANC 92042503 Emerald
(R) Bioagriculture
Corporation v.
Biosafe Systems,
LLC
6-28 EX 76554285 Advertising
(R) Marketing
Services, Inc.
6-28 EX 78256650 Carribean Ice
Cream Co., Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Petition "AUXIGRO" "OXYGROW"
to Cancel [fertilizers, [chemical
Granted; namely organic compositions for
Respondent's acids that treating soil to
Request increase plant enhance growth of
for growth and yield agricultural and
Reconsideration for agricultural horticultural
Denied or domestic use] products]
Requirement Refusal "THE MERCHANDISER
to disclaim Affirmed; NEWSPAPERS
descriptive Applicant's `ADVERTISING NEWS
term Request CONSUMERS USE'"
to Amend (in stylized form)
to Claim [newspapers
Acquired primarily featuring
Distinctiveness classified
Denied advertisements and
news articles]
2(e)(1) Refusal "TROPICAL TREETS"
[descriptive] Affirmed [ice cream, ice
cream drinks,
frozen yogurt,
kulfi, sorbet,
Class 30;
aerated fruit
juices, fruit
juices, fruit
drinks, fruit
flavored soft
drinks,
fruit-flavored
drinks,
concentrates,
syrups or
powders used in
the preparation
of soft drinks,
Class 32]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
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