United States Patent and Trademark Office OG Notices: 04 January 2005

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

12-2            EX              76479526                John Calvani

12-3            EX              78202126                Forsyth of Canada,
                                                        Inc.


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

2(d)            Refusal                                 design comprising a
                Affirmed                                graphic
                                                        representation of
                                                        a pair of
                                                        sunglasses
                                                        [men's and women's
                                                        clothing, namely,
                                                        shirts, sweaters,
                                                        jackets, coats,
                                                        t-shirts, baseball
                                                        caps, sweat shirts,
                                                        sweat pants,
                                                        shorts, socks and
                                                        footwear]

2(d)            Refusal                                 "EXPAND-A-COLLAR"
                Reversed                                (in stylized form)
                as to both                              [men's shirts]
                cited
                registrations


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

design comprising a graphic                     No
representation of a pair of
sunglasses [clothing, namely,
hats, shirts, caps, sweat
shirts, and sports uniforms]

2 cited registrations, owned                    No
by different entities:
"EXPAND-A-WAIST"
[women's  apparel, namely, pants]
and
"EXPAND-A-BAND"
[hats]


(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