United States Patent and Trademark Office OG Notices: 24 December 2002

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

11-13           EX              76/127,919              The Butcher
                                                        Co. Inc.

11-14           EX              75/807,555              Plan-A-Day
                                                        Enterprises,
                                                        Ltd.

11-14           EX              75/848,492              Panera, Inc.


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

2(d)            Refusal                                 "GREAT WHITE"
                Affirmed                                [mold and mildew
                as to both                              removing and tile
                cited                                   and grout cleaning
                registrations                           compound]

2(e)(1);        Refusal                                 "DAILY PLANNER"
whether         Affirmed                                [mail order
applicant's     (on all                                 catalog services
mark has        grounds)                                and computerized
acquired                                                on-line retail
distinctive-                                            services, both
ness under                                              featuring station-
Section 2(f);                                           ery and related
genericness                                             gift items,
                                                        especially desk
                                                        accessories,
                                                        globes, atlases,
                                                        travel clocks and
                                                        timepieces]

whether the     Refusal                                 "YOU PICK TWO"
matter          Affirmed                                [restaurant
applicant                                               services]
seeks to
register
functions as
a service
mark for its
recited
services

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

2 cited registrations,                          No
owned by different
entities:
"GREAT WHITE"
[marine cleaning
preparations, namely,
wash and wax, bug and
tar removers, and
streak removers] and
"GREAT WHITE
FINISH MOP"
(and design)
[mops for cleaning or
applying finish or other
products to walls or floors]

                                                No

                                                No


(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT o
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN