United States Patent and Trademark Office OG Notices: 23 Oct 2007
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
9-21 EX 76622449 Diamond Core
Drilling and
Sawing Company
9-21 EX 78545441 Iroquois Holding
Company
9-21 EX 76636181 Votivo, Ltd.
9-21 EX 76577260 Elegant
Headwear
Co., Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether Refusal "DIAMOND CORE
applicant's Affirmed DRILLING AND
mark has SAWING COMPANY"
acquired [commercial and
distinctiveness residential
and is construction
registrable services, namely,
under Section concrete cutting,
2(f) core drilling,
and wall sawing]
2(e)(1) Refusal "VARIABLE APERTURE
Affirmed TRANSDUCER"
in the absence [audio loud
of a disclaimer speakers]
of the word
TRANSDUCER
but mark as
a whole
found not
merely
descriptive
2(d) Refusal "BLACKBERY
Affirmed LEMONADE"
[candles]
2(d) Refusal "RISING STAR"
Affirmed [products for
as to both infants, namely,
cited infants' socks and
registrations infants' booties]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
"LEMONADE" No
[candles]
2 cited No
registrants, both
owned by the same
entity:
"RISING STARS" and
"RISING STARS!"
(and design)
[both marks for,
among other
things: clothing,
namely, t-shirts,
sweatshirts, hats
and jackets]
(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