United States Patent and Trademark Office OG Notices: 21 October 2003

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

                         September 15-19, 2003



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

9-16            EX              75/423,447              Gilster-Mary Lee
                                                        Corp.

9-16            EX              75/790,432              Certainteed Corp.

9-16            EX              75/566,756              Spy Optic, Inc.


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

2(d)            Refusal                                 "FRUITY BLASTS"
                Affirmed                                [breakfast cereal]
                as to both
                cited
                registrations

2(d)            Refusal                                 "CLAREMONT"
                Affirmed                                [polyvinyl chloride
                                                        (PVC)
                                                        widows and patio
                                                        doors]

2(d)            Refusal                                 "SPY"
                Affirmed                                [wearing apparel,
                                                        namely, shirts,
                                                        t-shirts, shorts,
                                                        pants, sweatshirts,
                                                        sweatpants, hats,
                                                        visors, shoes and
                                                        belts]


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

2 cited registrations,                          No
both owned by the same
entity:
"COCOA BLASTS" and
"COOKIE BLAST"
[both marks for
breakfast cereal]

"CLERMONT"                                      No
[interior doors and
door facings made of
construction board,
namely, composite
board fiberboard, hard
board and synthetic
lumber or artificial
lumber]

"FASHION SPY!"                                  No
[clothing, namely,
tops, skirts, shorts,
skorts, pants, shirts,
dresses, jumpers,
jackets]


(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