United States Patent and Trademark Office OG Notices: 20 May 2003

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

                               April 14-18, 2003



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

4-15            EX              76/053,913              California Costume
                                                        Collections, Inc.

4-15            OPP             121,897                 State Fair of
                                                        Texas v. Judson-
                                                        Atkinson Candies,
                                                        Inc.


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

Section 6       Refusal                                 "CALIFORNIA
disclaimer      Reversed                                COSTUME
requirement                                             COLLECTIONS"
of the words                                            [Halloween
COSTUME                                                 costumes;
COLLECTIONS                                             Halloween costumes
[genericness]                                           and accessories
                                                        sold as a unit]

2(d); 2(a)      Opposition      "BIG TEX"               "BIG TEX"
[false          Dismissed       [arranging and          [confectionaries,
suggestion                      conducting state        namely, jelly
of a                            fair activities,        beans]
connection]                     namely, competi-
                                tive exhibits
                                featuring home,
                                farm, business,
                                and industrial
                                products; arrang-
                                ing and conducting
                                entertainment and
                                amusement
                                services, namely,
                                sideshows, rides
                                and games; and
                                arranging and
                                conducting educa-
                                tional services in
                                the nature of p
                                ublic exhibits and
                                presentations
                                featuring achieve-
                                ments in the arts
                                and sciences;
                                promotion of food
                                services at the
                                State Fair of
                                Texas]


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

                                                No

                                                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