United States Patent and Trademark Office OG Notices: 04 November 2003

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

                        September 29 - October 3, 2003



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

9-30            OPP             91110121                Kellogg Co. v.
                                                        The Earthgrains
                                                        Co.


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

2(e)(1);        Opposition                              "MORNING GOODS"
whether         Dismissed                               [refrigerated
applicant       as to both                              bakery products,
has             applications                            namely, biscuits,
bona fide                                               cookies, english
intention                                               muffins, dinner
to use the                                              rolls, pie crust,
marks it                                                breadsticks, pizza
seeks to                                                crust, frozen
register                                                garlic bread,
                                                        cinnamon rolls,
                                                        danish and toaster
                                                        pastries];
                                                        "MORNING GOODS"
                                                        and "MORNING
                                                        GOODNESS"
                                                        [both marks for
                                                        brad, muffins,
                                                        buns, rolls,
                                                        croissants,
                                                        danish, cakes,
                                                        snack cakes,
                                                        donuts, bagels and
                                                        bakery products]


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

                                                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