United States Patent and Trademark Office OG Notices: 18 October 2005

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                             September 12-16, 2005



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

9-12            EX              75107678                Armament Systems
                                                        and Procedures,
                                                        Inc.

9-12            EX              78347910                Karsten Mfg. Corp.

9-13            EX              76378373                Dryvit Systems,
                                                        Inc.


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

de jure         Refusal                                 the color red
functionality   Affirmed                                applied to the
[whether                                                entire surface of
applicant's                                             applicant's goods
mark is                                                 [hand-held
registrable                                             non-functioning
on the                                                  plastic training
Supplemental                                            equipment in the
Register]                                               shape of knives,
                                                        radios, flashlights
                                                        pistols, rifles,
                                                        handguns, and
                                                        shotguns for use in
                                                        training law
                                                        enforcement
                                                        personnel]

whether the     Refusal                                 design mark
mark depicted   Reversed                                [golf clubs]
in applicant's
drawing is a
substantially
exact
representation
of the mark as
it appears in
the specimens
[mutilation]

2(e)(1)         Refusal                                 "INTERMEDIATE MESH"
[genericness];  Affirmed                                [fiberglass mesh
whether, if not (based on                               used in the
generic,        genericness                             formulation of
applicant's     and, in the                             exterior building
mark is         alternative,                            wall surfaces]
registrable     lack of
under           distinctiveness
Section 2(f)    under Section
                2(f))


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

                                                No

                                                No

                                                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