United States Patent and Trademark Office OG Notices: 22 August 2006

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

7-19            EX              76399475                Aspen Technology,
                                                        Inc.

7-19            EX              76605639                Elegant Headwear
                                                        Co., Inc.

7-20            EX              78146926                White

7-20            EX              76561382                Chih An
                                                        International, Inc.


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

2(d)            Refusal                                 "ASPEN ORION"
                Affirmed                                [in Class 9:
                in all three                            computer software
                classes                                 for use in
                                                        scheduling general
                                                        refining; in Class
                                                        35: licensing of
                                                        computer software
                                                        for refinery
                                                        scheduling; in
                                                        Class 42:
                                                        consulting and
                                                        technical support
                                                        services, namely,
                                                        troubleshooting of
                                                        computer software
                                                        problems for
                                                        general refinery
                                                        scheduling]

2(d);           Refusal                                 "ONE SIZE FITS ALL
Section 6       Affirmed                                MAGIC STRETCH
disclaimer      on both                                 GLOVES STRETCHES TO
requirement     grounds                                 ALL SIZES FOR A
of word                                                 SUPER FIT"
STRETCH                                                 (and design)
[Note:                                                  [children's
Applicant                                               ambidextrous
submitted a                                             gloves]
disclaimer of
all wording
except
MAGIC and
STRETCH]

2(a)            Refusal                                 "MOHAWK"
[false          Affirmed                                [cigarettes]
suggestion of
a connection]

2(d)            Refusal                                 "CROSS"
                Affirmed                                [golf clubs]


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

"ORION"                                         No
[computer software for
business management or
organizations engaged
in marketing,
distribution,
manufacturing, oil and
gas, contracting, and
fabrication]

"MAGIC GLOVE"                                   No
[fashion gloves
for youths]

                                                Yes

"GOLFCROSS"                                     No
[golf clubs]


(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