United States Patent and Trademark Office OG Notices: 24 February 2004

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                              January 19-23, 2004



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

1-22            EX              75738326                Ferrellgas,
                (R)                                     L.P.

1-22            EX              76088749                Charles C. Tennin

1-22            CANC            92028027                L. Woerner, Inc.
                                                        v. Healthcare
                                                        Retirement Corp.
                                                        of America


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

genericness;    Examining                               "FUELGAS"
whether, if     Attorney's                              [propane gas;
not generic,    Request                                 transportation
applicant's     for Recon-                              of propane gas
mark is         sideration                              by truck and
registrable     Denied                                  pipeline]
under           (Refusal
Section 2(f)    Reversed)

2(d)            Refusal                                 "BIG FISH MUSIC"
                Reversed                                [music publishing
                                                        services]

2(d);           Petition        "HCR"                   "HCR"
affirmative     to Cancel       [home health aide       (in stylized
defense of      Denied          services, such as       lettering)
laches                          yard work,              [educational
                                shopping, trans-        services, namely,
                                portation, meal         conducting
                                planning and            classes, seminars,
                                preparation,            and workshops for
                                companionship,          health care
                                housecleaning,          training; health
                                laundry and other       care; physical and
                                similar non-            occupational
                                medical services]       rehabilitation;
                                                        transitional
                                                        health care;
                                                        nursing home care]


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

                                                No

"BIG FISH FILMS"                                No
[film production
services]

                                                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