United States Patent and Trademark Office OG Notices: 02 January 2007
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
November 27 - December 1, 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
11-29 EX 78448489 Centocor
11-30 OPP 91078343 Big O Tires, Inc.
v. Big 10 Tire
Company, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Refusal "PROGRAMMED
Affirmed PROTEIN"
[medical research
services relating
to DNA and gene
synthesis]
2(d) Opposition "BIG-O" "BIG 10 TIRES"
Sustained [vehicle tires]; [in Class 12:
as to all "BIG O" new, used and
three classes [retail tire and recapped vehicle
accessory store tires, tubes,
services and valve stems,
rendering automotive vehicle
technical parts, namely,
assistance wheels, shocks
in connection and struts;
with the in Class 37:
establishment auto lubricating,
and/or operation maintenance and
of retail tire repair services;
and accessory in Class 42:
stores]; retail store
"BIG O TIRES" services in the
(and design) field of auto
[tires; retail parts and
tire store accessories]
services];
"COST U LESS
BIG O TIRES"
(and design)
[vehicle tires;
tire installation,
alignment,
balancing,
rotation, and
repair services;
maintenance and
repair of
automobile parts,
etc.; retail tire
and automotive
accessory store
services, etc.;
and other
services]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
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