United States Patent and Trademark Office OG Notices: 06 December 2005

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

11-2            EX              78172916                Sierra Design Group

11-3            EX              76177195                UTi Worldwide Inc.


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

2(d)            Refusal                                 "AMERICAN HEROES"
                Affirmed                                [gaming equipment,
                                                        namely, slot
                                                        machines with or
                                                        without video
                                                        output, electro-
                                                        mechanical gaming
                                                        machines,
                                                        electronic gaming
                                                        machines]

2(d)            Refusal                                 "EMPOWER"
                Affirmed                                (in stylized
                in both                                 format with design)
                classes                                 [in Class 39:
                                                        providing
                                                        information
                                                        relating to
                                                        applicant's storage
                                                        and forwarding of
                                                        freight, such
                                                        information
                                                        provided on-line
                                                        and otherwise to
                                                        staff and customers
                                                        with a password; in
                                                        Class 42: providing
                                                        tracking
                                                        information
                                                        relating to
                                                        applicant's
                                                        shipment of
                                                        freight, such
                                                        information
                                                        provided on-line
                                                        and otherwise to
                                                        staff and customers
                                                        with a password]


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

"AMERICAN HEROES COLLECTION"                    No
[computer game software]

"IMPOWER"                                       No
[in Class 9: computer
programs for use in
the shipping industry,
namely, a customs
regulation and import
information database
for cargo, entry, and
billing data; in Class
39: transportation of
goods of others by air,
rail, ship or truck;
in Class 42:
computer services,
namely, providing a
database containing
shipping and freight
information]


(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