Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 8-27 OPP 97,941 Houston Downtown Management Corp. v. Marrot Communi- cations, Inc. 8-27 EX 74/728,225 ITT Corp. 8-27 EX 75/005,294 Lander Co., Inc. 8-28 EX 74/710,039 Theodore E. Charles Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether ap- Opposition "DOWNTOWN THE plicant owns Sustained CAPITAL OF the mark it HOUSTON" seeks to (and design) register [promoting busi- ness, tourism and community events in the downtown area by means of advertising and promotional services] whether Refusal "C-500" designation Reversed [heat exchangers] applicant seeks to register has acquired dis- tinctiveness as a trade- mark for its goods or merely serves as a model designation 2(d) Refusal "LANDER APPLE Affirmed ESSENCE" [shower and bath gel] 2(e)(1) Refusal "INVESTORS Affirmed MARKETING" [investment brokerage services] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No No "APPLESSENCE" No (in stylized lettering) [hair curling kit comprising shampoo concentrate, pre-rolling conditioner, curling lotion, conditioning neutralizer, moisturizing gel curl and moisturizing hair sheen spray] No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION