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

9-18            EX              74/679,615              James V. Young

9-18            EX              74/715,228              Transterra Co.

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

de jure         Refusal                                 "configuration of
function-       Affirmed                                a hand-held
ality;          (on all                                 massager with a
whether the     grounds)                                generally circular
matter appli-                                           head and a handle
cant seeks to                                           possessing a
register as a                                           keyhole grip, the
trademark has                                           top and bottom of
become dis-                                             which grip dupli-
tinctive of                                             cate the waveform
its goods;                                              of the handle
whether ap-                                             shaft" [hand-held
plicant's de-                                           massage apparatus]
scription of
its mark is
sufficiently
clear and
accurate for
registration
purposes

2(d)            Refusal                                 "UPSIDE"
                Affirmed                                [electronic
                                                        brokerage
                                                        services, namely,
                                                        providing computer
                                                        instructional
                                                        services for the
                                                        elctronic proces-
                                                        sing of stock
                                                        brokerage trans-
                                                        actions via a
                                                        global computer
                                                        information
                                                        network]

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

                                                No

"UPSIDE CD"                                     No
(in stylized lettering)
[banking and financial
services in the nature of
issuing certificates of
deposit]

(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION