United States Patent and Trademark Office OG Notices: 22 March 2005
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
2-17 EX 75694928 Red Bull GmbH
2-18 EX 76411172 Gibson Piano
Ventures, Inc.
2-18 EX 76338228 Work Zone, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "ENERGY WEAR"
Reversed [footwear;
as to all clothing, namely,
four cited shirts, pants,
registrations t-shirts, sweat
shirts and
sweatpants,
shorts, blouses,
skirts, jumpers,
socks, hats,
caps; riding
apparel, namely,
riding jackets
and pants;
outerwear, namely,
jackets and coats;
activewear,
namely, shorts,
shirts, hats, caps
and visors;
bandannas,
neckerchiefs,
coats, jackets,
sweaters,
sleepwear; resort
wear, namely,
shorts, shirts,
t-shirts and
pants; belts and
suspenders]
2(e)(4) Refusal "HELLER & CO."
Affirmed [pianos]
2(d) Refusal "WORK ZONE"
Affirmed (enclosed within
a diamond shape)
[protective boots
and shoes for
industrial use]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
3 cited No
registrations,
two owned by the
same entity:
"ENERGIE"
(in stylized
lettering)
[men's and women's
clothing, namely,
t-shirts, polo
shirts,
sweatshirts,
sweatpants, and
shorts];
"ENER-G"
(and design)
[men's sportswear,
namely, shirts and
pants] and
[clothing, namely,
tops and bottoms]
No
"WORK ZONE" No
[retail store and
mail order catalog
services in the
field of footwear
and apparel]
(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