United States Patent and Trademark Office OG Notices: 16 September 2003
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
August 11-15, 2003
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
8-12 EX 75/439,331 The Valspar Corp.
8-12 OPP 122,225 Millipore Corp. v.
APS Water Services
Inc.
8-12 EX 76/276,631 Eric Hart
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Refusal "GREAT COAT"
Affirmed [interior and
exterior paints,
and interior and
exterior stains]
2(d); Opposition "LAB WATER" or "LABWATER.COM"
whether Dismissed "LAB WATER [laboratory water
opposer's but DIVISION" purification units
asserted application [laboratory and filters]
mark (or remanded water purification
trade name) under Rule units and filters
is a merely 2.131 for and related
descriptive examina- services (use of
term without tion of the term LAB WATER
acquired potential as a trademark and
distinctive- refusal of service mark and
ness registration use of LAB WATER
under DIVISION as a
2(e)(1) trade name)]
2(d) Refusal "SPEED"
Affirmed [men's, women's
and children's
shirts, pants,
jumpsuits,
blouses, skirts,
shorts, vests,
jackets, dresses,
tops, denim
skirts, denim
jackets, knit
tops, knit
bottoms, socks,
t-shirts, under-
wear, and shoes]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
"SPEED GEAR" No
[clothing, namely,
shirts, t-shirts, sweat
shirts, rugby shirts,
polo shirts, tank tops,
vests, shorts, caps,
hats, head bands,
visors, protective
head wear, neck wear,
footwear, socks,
gloves, scarves, pants,
jackets, coats,
sweaters, bib pants,
overalls, one piece
suits, rain suits, and
boots]
(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