United States Patent and Trademark Office OG Notices: 14 Aug 2007

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                                July 9-13, 2007



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

7-9             EX              78167171                Accu-Sort
                                                        Systems, Inc.


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

2(d)            Refusal                                 "AXIOM"
                Affirmed                                [fixed position
                as to both                              automatic identifi-
                cited                                   cation scanners for
                registrations                           reading labels and
                                                        other identifica-
                                                        tion markings on
                                                        goods and packaging
                                                        of goods to facili-
                                                        tate inventory
                                                        control, tracking,
                                                        sorting, and/or
                                                        distribution of
                                                        such goods]


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

2 registrations owned                           No
by different entities:
"AXIOM"
[computer programs for
materials resource planning
and inventory tracking for
use in the manufacturing,
order processing and
delivery fields]; and
"AXIOM"
(and design)
[computer software for
operating system support;
computer software for
executing, tracking, and
automating orders; and
computer software for
managing inventories]


(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