United States Patent and Trademark Office OG Notices: 23 Oct 2007

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

9-19            EX              76607721                CSS Archery, LLC

9-20            EX              78497535                Mannheim
                                                        Steamroller, LLC

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

whether         Refusal                                 "TUNERZ"
applicant's     Affirmed                                [sporting
mark has                                                goods, namely,
acquired                                                compound bow and
distinctiveness                                         traditional bow
and is                                                  oscillation and
registrable                                             vibration
under Section                                           dampeners]
2(f)

2(d)            Refusal                                 "AMBIENT THERAPY"
                Affirmed                                [in Class 9:
                in both                                 electronic audio
                classes                                 recording system
                                                        composed of
                                                        recorded musical
                                                        sounds and natural
                                                        sounds, DVD
                                                        players, computer
                                                        software for
                                                        processing digital
                                                        music files,
                                                        computer hardware
                                                        and audio speakers
                                                        all for capturing
                                                        musical and
                                                        natural sounds,
                                                        electronically
                                                        storing them
                                                        on a programmable
                                                        computer based
                                                        playback system
                                                        and for playing
                                                        back of
                                                        therapeutic sounds;
                                                        in Class 41:
                                                        audio recording
                                                        and production
                                                        service for
                                                        therapeutic sounds]

Marks and
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

                                                No

"AMBIENT                                        No
RECORDS"
[prerecorded
musical sound
recordings]

(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