United States Patent and Trademark Office OG Notices: 15 June 2004

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

5-13            OPP             91110915                R.C.S. Periodici
                                                        S.p.A. v.
                                                        Max H. Schwartz

5-13            EX              75886511                Elegant Headwear
                (R)                                     Co., Inc.

5-14            EX              76417366                Shark Abrasion
                                                        Systems Pty. Ltd.


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

2(d)            Opposition      "MAX"                   "MAX MAGAZINE"
                Sustained       [adult entertain-       (and design)
                                ment magazines;         [magazine expressly
                                "MAX GENERATION"        for readers over
                                [general feature        thirty years of age
                                magazines, enter-       featuring topics
                                tainment magazines,     about their
                                computer magazines,     lifestyles and on
                                travel magazines,       medicine, health,
                                and technical           and diet]
                                magazines]

2(d); Section   Request                                 "MAGIC
6 disclaimer    for Reconsid-                           STRETCH GLOVES"
requirement     eration Denied                          [children's gloves
(of words       [Refusal                                in the nature of
STRETCH         Affirmed                                one size fits all
GLOVES);        (based on                               consisting of 95%
requirement     2(d) and                                acrylic spandex]
for             Section 6
information     disclaimer
under Rule      requirement)]
2.61(b)

2(d)            Refusal                                 "SHARK"
                Affirmed                                [earthmoving
                                                        equipment, namely,
                                                        mechanical excava-
                                                        tors and loaders;
                                                        ground engaging
                                                        tools for use with
                                                        mechanical diggers
                                                        and loaders,
                                                        namely, shrouds,
                                                        lips, adaptors,
                                                        and teeth]


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

                                                No

"MAGIC GLOVE"                                   No
[fashion gloves
for youth]

"SHARK CHAIN"                                   No
[chain comprising
digging bits for
trenching machines]


(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