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