United States Patent and Trademark Office OG Notices: 16 Oct 2007

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

                         September 10-14, 2007

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

9-10            EX              78788371                TransBorder
                                                        Marketing, Inc.

9-10            EX              76630560                Primary Investments
                                                        Group Limited

9-10            EX              79009729                Metabolic Balance
                                                        GmbH

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

2(d);           Refusal                                 "ANATYK"
whether         Affirmed                                [alcoholic beverages,
applicant       on both                                 namely, vodka]
must provide    grounds
a translation
of its mark
for the record

2(d)            Refusal                                 "SUPER KID MULTI"
                Affirmed                                [vitamins and
                                                        nutritional
                                                        supplements]


2(e)(1)         Refusal                                 "METABOLIC
                Affirmed                                BALANCE"
                in all                                  [in Class 9:
                classes                                 prerecorded magnetic
                                                        data carriers
                                                        featuring information
                                                        for obtaining
                                                        and maintaining
                                                        good health,
                                                        nutritional
                                                        information, etc.,
                                                        and other
                                                        goods;
                                                        in Class 10:
                                                        medical instruments
                                                        and apparatus
                                                        for analyzing blood;
                                                        in Class 35:
                                                        managing food
                                                        and drink databases
                                                        for business and
                                                        marketing purposes,
                                                        and other services;
                                                        in Class 41:
                                                        conducting seminars,
                                                        etc. in the field
                                                        of diet and correct
                                                        alimentation, etc.;
                                                        in Class 42:
                                                        scientific research
                                                        services in the
                                                        field of health,
                                                        wellness and
                                                        nutrition, and
                                                        other services;
                                                        in Class 44:
                                                        medical services,
                                                        etc.]

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

"ANTIQUE"                                       No
[ocgnac, eau-de-vie
and brandies]

"SUPERKIDS"                                     No
[nutritional supplements]

                                                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