United States Patent and Trademark Office OG Notices: 29 August 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
7-24 EX 78389002 Ware
7-25 EX 78369245 Rodale Inc.
7-25 CANC 92031572 Lu Soro v.
(SJ) Citigroup, Inc.
(R)
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "DOWN IN SOUTHERN
Affirmed COMFORT"
as to all [men's, women's and
four cited children's wearing
registrations apparel, namely,
t-shirts, head
gear, foot gear,
shirts, pants,
dresses, blouses,
skirts, sport
jackets, sport
pants]
genericness Refusal "NUTRITION
(whether Affirmed BULLETIN"
applicant's [providing
mark is information in the
registrable field of health and
on the diet via a web site
Supplemental on the Internet]
Register)
whether Request for "CITIGROUP" "CITIGROUP"
cancellation Reconsideration [financial services] [full range of
petitioner Denied insurance and
has standing [Petition to financial services;
to file the Cancel Denied banking services;
petition to (Respondent's credit card
cancel motion for services;
summary securities trading,
judgment consulting and
granted)] underwriting
services;
investment
services]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
4 cited registrations, No
all owned by the same
entity:
"SOUTHERN COMFORT"
[clothing, namely,
shirts, caps, jackets,
etc.];
"SOUTHERN COMFORT
ESTABLISHED 1874,"
"SOUTHERN COMFORT"
(in stylized lettering),
and "SOUTHERN COMFORT
REG. U.S. PAT. OFF."
(and design)
[all three marks for:
footwear, hats,
t-shirts, shirts, pants,
jackets, etc.]
Yes
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