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