United States Patent and Trademark Office OG Notices: 06 Nov 2007

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

10-4            EX              78165903                Gruppo Arcte S.p.A.

10-4            EX              78591138                Opt It, Inc.


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

2(d)            Refusal                                 "BACI RUBATI"
                Affirmed                                [a wide variety of
                                                        clothing items]

2(d)            Refusal                                 "OPT IT"
                Affirmed                                (and design)
                                                        [computer software,
                                                        namely, computer
                                                        software for text
                                                        messaging]


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

2 cited registrations,                          No
both owned by the
same entity:
"BACI" and "BACI"
(and design) [both
marks for: women's shoes]

"OPT!"                                          No
[computer programs for
managing personal and
business contacts;
organizing personal
information; keeping
calendar and personal
reminders; keeping
history of contacts;
keeping record of expenses;
making phone calls;
sending/receiving faxes
and e-mail; and printing
letters, labels, envelopes,
phone books, and contact
details]



(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