United States Patent and Trademark Office OG Notices: 01 May 2007
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board March 26-30, 2007 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 3-27 OPP 91158777 Salt Creek, Inc. v. Hikari Sales USA, Inc. 3-27 OPP 91161124 George H. Zoes v. Brett Shevack Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services fraud; Opposition "ALGAE WAFERS" whether Sustained, [pet foods, applicant's but only namely, fish mark has on the foods] acquired ground of distinctive- lack of ness and is, distinctive- therefore, ness under registrable Section under 2(f) Section 2(f) 2(d) Opposition "TEXAS BORN "BORN IN TEXAS" Sustained TEXAS PROUD" [in Class 25: in Class 25; [bumper stickers, men's, women's, Opposition picture frames, and children's Dismissed coffee mugs, clothing, namely, in Class 41 t-shirts, baby t-shirts, jackets, clothes, and shirts, other goods; sweatshirts, promotion of hats, caps, sweat Texas and Western pants, coats, heritage, namely, shoes, boxer dissemination of shorts, underwear, Texas historical shorts, sleepwear, information] socks, sweaters and neckties; in Class 41: entertainment in the nature of various sports tournaments and film festivals; arranging and conducting athletic events, concerts, and various special events; audio production services; production of TV programs; live performances by a musical band, music production services, night clubs, discotheques; 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