United States Patent and Trademark Office OG Notices: 05 December 2006

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

                        October 30 - November 3, 2006



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

10-30           EX              78497204                Gunn GP LLC


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

2(d)            Refusal                                 "GUNN SMARTCHOICE
                Reversed                                SERVICE"
                                                        [vehicle repair
                                                        services]


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

2 cited registrations,                          No
both owned by the
same entity:
"SMART CHOICE"
[repairing, painting,
cleaning, washing and
applying protectants
to vehicle body
surfaces; vehicle
repair services,
installation of
automotive accessories,
and automotive detailing,
namely, cleaning,
washing and application
of protectants to
automotive body,
engine and interior
surfaces] and
"AMERICA'S SMART CHOICE"
[services essentially
identical to those listed above]


(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