United States Patent and Trademark Office OG Notices: 09 April 2002

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

2-27            OPP             115,862                 National
                (SJ)                                    Paintball
                                                        Supply, Inc.

2-27            EX              75/541,700              ERIM Int'l., Inc.

2-27            EX              75/185,899              The Fitz-Simmons
                                                        Co.


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

2(d)            Opposition      "DIABLO"                "DIABLO"
                Sustained       [paintball guns,        [paintballs for
                                accessories, and        leisure sports]
                                supplies]

2(d)            Refusal                                 "GEOWORX"
                Affirmed                                [computer
                                                        software for
                                                        generating and
                                                        managing geo-
                                                        spatial products,
                                                        namely, the
                                                        conversion of raw
                                                        remote sensing
                                                        data into image
                                                        files for the
                                                        automated
                                                        extraction of
                                                        features in
                                                        standard image
                                                        formats]

whether the     Refusal                                 "THE PUPPY
mark            Reversed                                CHANNEL"
applicant                                               [production of
seeks to                                                programming for
register is                                             entertainment
used as a                                               media, particular-
service mark                                            ly pre-recorded
(i.e., a mark                                           videotapes and
used in                                                 video disks for
connection                                              television and
with services                                           motion pictures]
performed for
the benefit
of others)


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

                                                No

"GEOWORKS"                                      No
[publications, namely,
books and training
manuals regarding
computer programs]

                                                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