United States Patent and Trademark Office OG Notices: 30 January 2007

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

                             December 25-29, 2006



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

12-28           EX              76564036                True Blue Farms

12-28           EX              76570453                The Black & Decker
                                                        Corp.


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

2(d)            Refusal                                 "TRUE BLUE FARMS"
                Affirmed                                [blueberries]
                as to
                both cited
                registrations

whether         Refusal                                 design of
applicant's     Reversed                                a key head
mark has                                                [metal door
acquired                                                hardware, namely,
distinctive-                                            knobs, levers,
ness and is                                             leversets, handles
registrable                                             and handle sets
under                                                   sold with deadbolt
Section 2(f)                                            keys, and key
                                                        blanks sold to
                                                        supplement or to
                                                        replace deadbolt
                                                        keys for knobs,
                                                        levers, handles,
                                                        and handle sets]


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

2 cited registrations,                          No
owned by different
entities:
"TRUBLU"
(and design)
[fresh citrous]
and
"TRU-BLU-BERRIES"
[blueberries]

                                                Yes


(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTIONNo
TO DISMISS; (MR)=MOTION TO REOPEN