United States Patent and Trademark Office OG Notices: 28 June 2005

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

5-25            EX              76233689                Kimmel &
                                                        Silverman, P.C.

5-26            EX              75406111                Pearl River
                                                        Chinese Products
                                                        Emporium, Inc.

5-26            EX              76391912                Space
                                                        Adventures, Ltd.


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

whether         Refusal                                 "LEMONLAW.COM"
applicant's     Affirmed                                [legal services]
specimens       on both
show service    grounds
mark use of
the matter
applicant
seeks to
register;
2(e)(1)
[genericness]

2(d)            Refusal                                 "PEARL RIVER"
                Reversed                                [retail department
                                                        store services
                                                        specializing in
                                                        traditional
                                                        Chinese goods]

whether         Refusal                                 "SPACE ADVENTURES"
the mark        Affirmed                                (and design)
shown in        in all                                  [in Class 9:
applicant's     three                                   protective
amended         classes                                 clothing, namely,
drawing is                                              suits for use in
a material                                              space travel, etc.;
alteration                                              training equipment,
of the mark                                             namely, air tight
as shown in                                             respiratory masks,
the drawing                                             protective helmets,
originally                                              etc.;
filed with                                              video cameras;
the                                                     and other goods;
application                                             in Class 16:
                                                        books and magazines
                                                        in the field of
                                                        space travel;
                                                        posters;
                                                        in Class 25:
                                                        t-shirts,
                                                        sweatshirts,
                                                        pants, shorts]


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

                                                No

"PEARL RIVERS"                                  No
[mother of pearl
jewelry]

                                                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