United States Patent and Trademark Office OG Notices: 06 April 2004

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

                                March 1-5, 2004



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

3-2             EX              76275674                Diet Fitness Corp.

3-4             EX              78008156                Rugged
                                                        Footwear Co.


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

whether         Refusal                                 "TH"
applicant's     Affirmed                                (in stylized form)
amended                                                 [original
recitation of                                           recitation of
services is                                             services:
within the                                              "marketing and
scope of the                                            distribution of
original                                                diet and motiva-
recitation of                                           tional plans,
services                                                programs and
                                                        products"; amended
                                                        recitation of
                                                        services:
                                                        "education courses
                                                        in the field of
                                                        nutrition, and
                                                        educational liter-
                                                        ature distributed
                                                        therewith" in
                                                        Class 41 and
                                                        "planning,
                                                        executing and
                                                        supervising diet
                                                        programs by means
                                                        of group meetings
                                                        and individual
                                                        consultations"
                                                        in Class 42]

whether         Refusal                                 "IF BY LAND
applicant's     Affirmed                                IF BY SEA"
drawing of                                              [computerized
its mark is a                                           on-line retail
substantially                                           services in the
exact repre-                                            field of footwear
sentation                                               and clothing]
of the mark
shown in
applicant's
specimens
of use
(Trademark
Rule
2.51(a)(2))


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