United States Patent and Trademark Office OG Notices: 12 October 2004
Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 9-9 EX 76373720 Towle Mfg. Co. 9-9 EX 75407763 Leiner Health Services Corp. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "CHARLESTON" Affirmed [sterling silver as to plated flatware, both cited namely, forks, registrations knives and spoons] 2(d) Refusal "NATURE'S ORIGIN" Reversed [vitamins and dietary supplements] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB 2 cited registrations, No both owned by the same entity, for the mark "CHARLESTON GARDENS" [candles; outdoor furniture, lawn furniture, living room furniture, dining room furniture, sun room furniture; dinnerware] and [containers for plants and flowers, etc.; beverage glassware; tabletop decorative items not of precious metal, namely, serving bowls, covered casseroles, cake stands, teapots, and platters, etc.; napkin rings, place card holders, salt and pepper shakers, candle holders; serving trays not precious metal; garden gloves] "ORIGIN" No [vitamins, minerals and other health food supplements consumed primarily for their vitamin or mineral content] (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