United States Patent and Trademark Office OG Notices: 10 April 2007

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

3-9             EX              78261322                SparkArt LLC


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

2(d)            Refusal                                 "SPARKART"
                Affirmed                                [in Class 35:
                in both classes                         business management
                on the basis of                         consulting services
                all 3 cited                             and business
                registrations                           strategy consulting
                                                        services; strategic
                                                        identity, design
                                                        and analysis
                                                        relating to
                                                        corporate identity,
                                                        brand name
                                                        development, retail
                                                        identity and naming
                                                        of others; market
                                                        research;
                                                        advertising design,
                                                        placement and
                                                        dissemination for
                                                        others; design,
                                                        placement and
                                                        dissemination of
                                                        print and
                                                        electronic media
                                                        advertisements for
                                                        others; in Class
                                                        42: consulting
                                                        services, strategic
                                                        identity, design
                                                        and analysis
                                                        services; namely,
                                                        product design for
                                                        others, package
                                                        design for others,
                                                        website design for
                                                        others, etc.;
                                                        computer
                                                        consultation
                                                        services; custom
                                                        computer software
                                                        design and
                                                        development
                                                        services for
                                                        others; website
                                                        design and
                                                        development
                                                        services for
                                                        others; providing
                                                        consultation on the
                                                        use, integration
                                                        and operation of
                                                        computer software
                                                        programs and the
                                                        updating of
                                                        computer software
                                                        program services]


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

3 cited registrations,                          No
owned by 3 different
entities:
"SPARK CREATIVE GROUP"
(in stylized format)
[business marketing
communication
consulting services
featuring the
preparing of internal
publications, direct
mail design, corporate
logos and identity
programs, corporate
collateral programs,
trade advertising,
computer graphics,
and the like];
"SPARK"
[rental of advertising
space on fitted,
plastic shells used
for storing and
securing small
vehicles, namely,
bicycles, motorcycles,
snowmobiles, personal
watercraft, and ATVs];
"SPARK DESIGN"
[advertising services,
namely, creating
corporate and brand
identity for others
and preparing
advertisements for
others; graphic art
design services]


(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