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 78387062 Big Bert
Entertainment, LLC
10-4 EX 76594440 PayClerk, Inc.
10-4 CANC 92032520 Airflite, Inc.
v. Aycock
Engineering, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "BIG BERT
Affirmed ENTERTAINMENT"
in both [in Class 9:
classes CDs, DVDs, and
audiocassettes
featuring pre-
recorded music;
in Class 41:
music publishing
services]
whether Refusal "PAYCLERK"
applicant's Reversed [payroll
mark is preparation and
registrable payroll tax
on the preparation
Supplemental services for
Register others]
whether Petition "AIRFLITE"
respondent to Cancel [arranging
had used its Granted for individual
mark in reservations
connection for flights on
with its airplanes]
recited
services at
the time it
filed its
application
to register
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"BERT'S" No
(and design)
[entertainment, namely,
live music concerts;
electronic publishing
services, namely,
publishing text and
graphic works of others
in books, video cassettes,
CDs, digital versatile
discs, online, field of
cooking; and other services]
No
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