United States Patent and Trademark Office OG Notices: 12 October 2004

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

9-9             EX              76373720                Towle Mfg. Co.

9-9             EX              75407763                Leiner Health
                                                        Services Corp.


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

2(d)            Refusal                                 "CHARLESTON"
                Affirmed                                [sterling silver
                as to                                   plated flatware,
                both cited                              namely, forks,
                registrations                           knives and spoons]

2(d)            Refusal                                 "NATURE'S ORIGIN"
                Reversed                                [vitamins
                                                        and dietary
                                                        supplements]


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

2 cited registrations,                          No
both owned by the
same entity, for the
mark
"CHARLESTON GARDENS"
[candles;
outdoor furniture,
lawn furniture,
living room furniture,
dining room furniture,
sun room furniture;
dinnerware] and
[containers for plants
and flowers, etc.;
beverage glassware;
tabletop decorative
items not of precious
metal, namely, serving
bowls, covered casseroles,
cake stands, teapots,
and platters, etc.;
napkin rings, place
card holders, salt and
pepper shakers, candle
holders; serving trays
not precious metal;
garden gloves]

"ORIGIN"                                        No
[vitamins, minerals
and other health food
supplements consumed
primarily for their
vitamin or mineral content]


(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