United States Patent and Trademark Office OG Notices: 23 April 2002

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

                               March 11-15, 2002



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

3-11            EX              75/554,641              Ralph E. Hayes,
                                                        Jr. and Gregory
                                                        K. Clodfelter,
                                                        dba Alpha
                                                        Consulting


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

whether         Refusal                                 a mark consisting
applicant's     Affirmed                                of "the colors
description                                             red, green, and
of its mark                                             amber used as a
unacceptably                                            color scheme on
encompasses                                             reporting charts
more than                                               to correspond with
the single                                              performance
mark shown                                              ratings within
in its                                                  selected cate-
drawing                                                 gories of
                                                        performance," but
                                                        "no claim is made
                                                        to a particular
                                                        pattern of the
                                                        three colors"


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

                                                Yes


(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