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

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

7-20            EX              76590006                Mariner Seafood
                                                        Marketing, Inc.

7-20            EX              76393303                Trico Products
                EX              76394238

7-20            EX              76438849                Crow Marcrum, Inc.


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

2(d)            Refusal                                 "MARINER SELECT"
                Affirmed                                [frozen fish and
                                                        seafood]

whether         Refusal                                 design of an
applicant is    Affirmed                                automobile
seeking         in both                                 windshield wiper
registration    cases on                                blade featuring a
of "phantom     grounds that                            stripe running
marks";         marks are                               longitudinally on
whether the     ornamental,                             the sidewall of the
features        not inherently                          blade and
applicant       distinctive                             contrasting color
claims as       and                                     used on a stripe on
marks are       without                                 the wiping element
merely          acquired                                of an automobile
ornamental,     distinctiveness,                        windshield wiper
not inherently  but reversed as                         blade
distinctive,    to "phantom
and without     mark" refusals                          [both marks for
acquired                                                automobile
distinctiveness                                         windshield wiper
                                                        blades]

whether         Refusal                                 "SUBSTATION
applicant's     Affirmed                                SERVICE COMPANY"
mark is                                                 [repairs and
registrable                                             installation of
under Section                                           electrical
2(f)                                                    equipment]


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

2 cited registrations,                          No
both owned by the
same entity:
"MARINERS" and
"MARINERS"
(and design)
[both marks for
frozen seafood]

                                                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