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