United States Patent and Trademark Office OG Notices: 26 June 2007
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
May 21-25, 2007
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
5-21 OPP 91122964 Fort James
Operating
Company v.
Royal Paper
Converting,
Inc.
5-21 EX 78446099 Trinidad
Benham Corp.
5-21 OPP 91162560 Duke University
v. Duke Publishing
and Software
Corporation, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition 2 design marks design mark
Sustained [both marks for: [paper towels,
paper towels] paper face
tissues, paper
napkins, and
toilet paper]
2(d) Refusal "SOLFRESCO"
Reversed [dry beans, peas
and lentils]
2(d) Opposition shield design shield design
Sustained incorporating the incorporating the
in both stylized letters stylized letter
classes "D" and "U," plus "D" and images of
other matter a castle and a
[a wide variety lion
of printed [in Class 16:
matter and printed matter
stationery items of various types
in Class 16]; relating to
stylized letter the subject of
"D" parenting,
[key chains made parental skills,
primarily of parental
metal, tables, experiences, child
scarves, hats, care information
socks, shirts, and guidance,
sweaters and and families-and
pants]; not relating to
design of a sports or a
building sports team;
[note cards, note in Class 35:
pads, stationery online retail
and bookmarks]; store services
"DUKE UNIVERSITY featuring goods
STORES" and services of
[retail store general interest
services and mail to parents and
order services in not relating to
the fields of, sports or a
inter alia, school sports team;
and office and a variety of
supplies, books, other services
stationery, items relating to
bearing Duke parenting, child
University care, etc.,
trademarks, etc.] but not relating
to sports or
a sports team]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
Yes
"SUNFRESH" No
[chilled or
processed foods
sold in sealed
containers,
namely, fruit
mixtures as
slices, sections,
chunks or tidbits]
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