United States Patent and Trademark Office OG Notices: 11 June 2002
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
April 29 - May 3, 2002
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
4-30 EX 75/580,063 Joe Driskill, Jr.
(R)
4-30 EX 75/615,925 TSI Brands, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d); Request for the configuration
whether the Reconsideration of the body of
configuration Denied applicant's guitars
of applicant's [Refusal [musical
goods has Affirmed instruments,
acquired (on both namely, guitars]
distinctiveness grounds)]
as a trademark
2(d) Refusal "AK AMERICAN
Reversed KHAKIS"
[sportswear,
namely, men's and
women's pants,
jeans, shorts and
shirts]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
the configuration of the No
body of registrant's guitars
[musical instruments, namely,
guitars and basses, and parts
therefor]
3 cited registrations, No
all owned by the same
entity:
2 registrations of "AK"
(in a design format)
[both registrations reciting
as goods: "athletic clothing,
namely, sweaters, jerseys,
shirts and tops, undershirts,
pants, hosiery, jackets, ski
jackets, ski pants, and ski
suits," one registration based
on Section 44, the other based
on use in commerce];
a third registration of "AK"
in a design format different
from that shown in the other
two registrations, but for the
same goods as recited in the
other two registrations)
(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