United States Patent and Trademark Office OG Notices: 03 July 2007

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

5-30            CANC            92046167                Otto International,
                (MD)                                    Inc. v. Otto Kern
                                                        GmbH

5-30            CANC            92043631                ER Marks, Inc. v.
                (SJ)                                    Quarles Petroleum,
                                                        Inc.

5-30            EX              76564139                ML Management

5-31            EX              76201270                Crystal Geyser
                                                        Water Company


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

whether         Respondent's    "OTTO" and "OTTO"       "OTTO KERN"
petitioner      Motion to       (and design)            [goods in
has stated      Dismiss                                 Classes 18
a valid         Granted, but                            and 25]
ground for      Petitioner
cancellation    permitted
under           30 days to
Section 14(3)   file an
                amended
                petition

abandonment     Petition        "QCARD"                 "QCARD"
                to Cancel                               (and design)
                Dismissed                               [credit card
                (Respondent's                           services]
                motion for
                summary
                judgment
                granted)

2(d)            Refusal                                 "MAMMA LUCIA"
                Affirmed                                [restaurant,
                                                        catering and
                                                        carry out
                                                        services featuring
                                                        prepared and ready
                                                        to eat Italian
                                                        cuisine; and bar
                                                        services]

Section 6       Refusal                                 "CRYSTAL GEYSER
disclaimer      Affirmed                                ALPINE SPRING
requirement                                             WATER"
of the words                                            [bottled spring
ALPINE SPRING                                           water]
WATER
(and whether
that phrase
has become
distinctive
of applicant's
goods under
Section 2(f))
[Note:
Applicant
disclaimed
the words
SPRING
WATER]


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

                                                Yes

                                                No

"MAMA LUCIA"                                    No
[meatballs]

                                                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