United States Patent and Trademark Office OG Notices: 08 August 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
7-6 EX 76561135 Vanilla Gorilla,
L.P.
7-6 CU 94001250 CDS, Incorporated
v. I.C.E.D.
Management, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Refusal "3-0'S"
[descriptive] Affirmed [automobile
parts, namely,
car wheel rims]
Whether the Concurrent "THE COPY CLUB" "COPY CLUB"
concurrent use applicant [CU applicant's [defending
use applicant granted mark] registrant's mark]
is entitled to registration [various copying, [various document
the concurrent but for lesser record and document copying, record
use registra- territory than management, and document man-
tion it seeks it sought; word processing, agement, indexing
defending layout and pre- and cataloging,
registrant's production of word processing,
registration documents, and layout and pre-
restricted typing services, production, and
to exclude in Class 35; typing services,
territory of various document and rental and
concurrent processing, color leasing of business
use applicant separation, elec- office equipment,
tronic document in Class 35;
imaging, and facsimile trans-
receipt of digi- mission and audio,
tized information video and data
for conversion to telecommunication
documents services, services,
in Class 40; in Class 38;
various electronic binding, collating,
publishing serv- sorting, stapling,
ices, in Class 41; etc. services,
and desktop color separation
publishing, graphic and electronic
design, typeset- document imaging
ting, composition, services, and
compilation, and receipt of digi-
pre-production tized information
services, in and conversion
Class 42] services,
in Class 40;
electronic pub-
lishing for others
using a personal
computer,
in Class 41; and
desktop publishing,
graphic design,
typesetting, com-
position, compila-
tion, color
proofing and
paste-up, and
photography
services, and
rental of computers
for use on
premises, in
Class 42]
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