United States Patent and Trademark Office OG Notices: 27 March 2007

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

2-21            EX              76507505                Elevator
                EX              76507507                Safety Company
                EX              76507675
                EX              76507677
                EX              76507734
                EX              76507735
                EX              76507737
                EX              76507741

2-21            EX              78331176                Brian Jay Osterberg

2-21            EX              76507676                Elevator
                                                        Safety Company

2-22            OPP             91168402                Drive Trademark
                (SJ)                                    Holdings LP v.
                                                        Inofin and
                                                        Mark Walsh


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

2(e)(5)         Refusal                                 8 configurations of
[function-      Affirmed                                applicant's goods
ality];         as to all                               [elevator roller
whether,        8 claimed                               guides]
if not          marks and
functional,     on all
applicant's     grounds
claimed
marks have
acquired
distinctive-
ness under
Section 2(f)

whether         Refusal                                 "CONDOMTOY
applicant's     Affirmed                                CONDOM"
specimens                                               [condoms]
show use of
its mark in
connection
with its
recited goods

whether         Refusal                                 the colors red and
applicant's     Affirmed                                black applied to
claimed                                                 applicant's goods
mark is                                                 [elevator roller
inherently                                              guides]
distinctive
or has
acquired
distinctive-
ness under
Section 2(f)

2(d);           Cross-motions   "D DRIVE"               "DRIVEUSA"
whether         for summary     (and design),           [financing
appt. may       judgment        "D DRIVE                services, namely,
amend its       denied;         FINANCIAL SERVICES"     vehicle loans,
identifica-     applicant's     (and design),           assisting borrowers
tion of         motion to       and "D"                 in applying for
services;       amend denied;   (and design)            loans, preparing
whether         opposer's       [all three marks        and originating
opposer         motion to       for: financial          auto loan forms]
may amend       amend denied;   services, namely,
its notice      applicant's     purchasing loans
of opp. to      motion to       from automobile
include         divide granted  dealerships]
other
classes;
whether
applicant
may divide
out
unopposed
classes in
its
application


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

                                                No

                                                Yes

                                                No

                                                Yes


(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