Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 5-9 EX 75/294,643 Orbital Sciences Corp. 5-9 EX 75/089,625 Cuba GmbH Int'l. (R) Marketing Concept 5-9 OPP 94,922 Rexnord Corp. v. OPP 94,937 Valu Engineering, OPP 94,946 Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "SMARTTRACK" Reversed [vehicle tracking and information systems, namely, computer software for tracking vehicles and processing GPS position informa- tion regarding the location and status of such vehicles; monitors for displaying vehicle location information; and communications equipment, namely, transmitters and receivers for relaying vehicle location informa- tion between dispatchers and vehicle operators] 2(e)(1) Request for "SHAPE CD" Reconsidera- [house mark for tion Denied CD-ROMs with (Refusal interactive multi- Affirmed) media programs or interactive media software; book- lets, pamphlets, and manuals for explaining or describing the CD-ROMs above] de jure func- Opposition the cross- tionality; Sustained sectional shape fraud (in all of conveyor guide three cases, rails (viz., on de jure "round," "flat," functionality and "tee" con- ground only) figurations) [conveyor guide rails] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB "SMART TRAX" No [truck transport services; computerized satellite tracing of vehicles and shipments of goods shipped by truck or air] No 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