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