United States Patent and Trademark Office OG Notices: 01 March 2005
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
January 24-28, 2005
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
1-25 EX 78160932 Independent
Pharmaceutica AB
1-25 EX 76268678 Fusion UV
Systems, Inc.
1-25 OPP 91116378 Allied Domecq
Spirits & Wine
USA, Inc. v.
Lattis R. Richards
1-25 EX 78161583 Pamela Jean Bowman
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "NICCIN"
Affirmed [vaccines; and
anti-smoking
pharmaceutical
preparations in
the form of
tablets]
whether Refusal "INVISIBLE BUT
applicant's Reversed EVERYWHERE"
specimens as to [in Class 40:
show use of Class 40 material treatment
its mark in [Note: services in the
connection The same field of
with its refusal with polymerizing
recited respect to coatings, inks,
services in the goods in powders, composite
Class 40 Class 42 was structures and
withdrawn gels using
prior to appeal] ultraviolet light]
2(d) Opposition "MALIBU" "MALIBU ROCKS"
Sustained and "MALIBU" [white chocolate
(and design) covered walnuts
[both marks for and pecans]
liqueur]
2(d) Refusal "DESERT ROSE"
Affirmed [perfume, perfume
spray, cologne,
cologne spray,
toilet water,
hand cream, bath
soap, bath
crystals, body
lotion, body
powder, shower
gel, and hair
spray]
Marks and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"NICOCIN" No
[pharmaceutical
preparations,
namely, medications
for suppressing,
reducing, or
eliminating
smoking or the
urge to smoke]
No
No
"DESERT ROSE" No
[depilatory wax]
(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