United States Patent and Trademark Office OG Notices: 19 September 2006
Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 8-15 EX 76593831 National Sales and Supply, LLC 8-16 EX 76495632 Wal-Mart Stores, Inc. 8-16 EX 76562232 L-7 Designs, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "MAJESTIC MELT" Affirmed [rubber mulch as to both product, namely, cited mulch made of registrations recycled rubber for use in landscaping and horticulture applications] 2(e)(1) Refusal "EXPERT GARDENER" Affirmed [in Class 21: in both classes watering devices, namely, hose-in sprayers; in Class 31: grass seed] 2(e)(1) Refusal "HANDMADE Affirmed MODERN" [kits for making furniture comprised primarily of unfinished or finished wood; metal composites or metal pieces; and foam, plastic, fabric or self stick veneers, namely, kits for making tables, kits for making table tops and kits for making bookshelves] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB 2 cited No registrations, both owned by the same entity: "MAJESTIC EARTH" [potting soil and fertilizer for domestic use; peat moss] and "MAJESTIC EARTH" (and design) [potting soil; peat moss and seeded flower and lawn rolls] 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