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

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                          February 25 - March 1, 2002



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

2-26            EX              75/858,278              Leonard P.
                                                        Gietz, M. D.

2-26            EX              75/569,622              Fenwick-Keats
                                                        Realty, L.L.C.

2-26            EX              75/672,214              TimeLine Computer
                                                        Entertainment,
                                                        Inc.


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

whether         Refusal                                 mark comprising:
applicant's     Affirmed                                the disclaimed
composite                                               term "RENT-A-
mark is                                                 PHONE," displayed
inherently                                              in light green
distinctive                                             letters (in an
                                                        italicized sans
                                                        serif font) within
                                                        an elliptical
                                                        field providing a
                                                        white background
                                                        with a light green
                                                        border

whether the     Refusal                                 design mark
drawing of      Affirmed                                incorporating
the mark is a                                           a representation
substantially                                           of sign post
exact
representa-
tion of the
mark shown
in the
specimens of
use-i.e.,
whether the
specimens
demonstrate
service mark
use of the
mark sought
to be
registered
[mutilation]

2(d)            Refusal                                 "TIMELINE"
                Affirmed                                [computer
                                                        game programs
                                                        and video game
                                                        software]


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

                                                No

                                                No

"TIME LINE"                                     No
[computer programs]


(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