United States Patent and Trademark Office OG Notices: 31 October 2006

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                             September 25-29, 2006



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

9-25            EX              76022292                Aladdin's
                                                        Eatery, Inc.

9-26            EX              78451347                Citizens Financial
                                                        Group, Inc.

9-26            EX              76361399                Homeland Vinyl
                                                        Products, Inc.

9-26            OPP             91160771                Robert Kaufhold v.
                                                        Robert P. Yeomans


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

2(d)            Refusal                                 "ALADDIN'S EATERY"
                Affirmed                                (and design)
                as to all                               [restaurants
                3 cited                                 featuring Middle
                registrations                           Eastern cuisine,
                                                        provided in small,
                                                        neighborhood or
                                                        local restaurant
                                                        establishments
                                                        having no
                                                        additional services
                                                        offered concurrent
                                                        therewith]

2(d)            Refusal                                 "CITIZENS CIRCLE
                Reversed                                GOLD ACCOUNT"
                                                        [banking services]

2(d)            Refusal                                 configuration of
                Reversed                                applicant's goods
                                                        [non-metal fence
                                                        rails]

2(d)            Opposition      "THE UNDEAD"            "THE UNDEAD"
                Sustained       [entertainment          [entertainment
                                services in the         services, namely,
                                nature of musical       live performances
                                performances]           by a musical band]


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

3 cited registrations,                          No
all owned by the
same entity:
"ALADDIN"
[hotel and restaurant
services];
"ALADDIN" and "ALADDIN"
(and design)
[both marks for:
resort, hotel,
restaurant, bar, lounge
services; beauty salon
and health spa services]

"GOLD ACCOUNT"                                  No
[banking services]

configuration of the                            Yes
bottom portion of
applicant's goods
[non-metal fence rails]

                                                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