United States Patent and Trademark Office OG Notices: 01 May 2007

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

                               March 26-30, 2007



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

3-27            OPP             91158777                Salt Creek, Inc.
                                                        v. Hikari Sales
                                                        USA, Inc.

3-27            OPP             91161124                George H. Zoes v.
                                                        Brett Shevack

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

fraud;          Opposition                              "ALGAE WAFERS"
whether         Sustained,                              [pet foods,
applicant's     but only                                namely, fish
mark has        on the                                  foods]
acquired        ground of
distinctive-    lack of
ness and is,    distinctive-
therefore,      ness under
registrable     Section
under           2(f)
Section 2(f)

2(d)            Opposition      "TEXAS BORN             "BORN IN TEXAS"
                Sustained       TEXAS PROUD"            [in Class 25:
                in Class 25;    [bumper stickers,       men's, women's,
                Opposition      picture frames,         and children's
                Dismissed       coffee mugs,            clothing, namely,
                in Class 41     t-shirts, baby          t-shirts, jackets,
                                clothes, and            shirts,
                                other goods;            sweatshirts,
                                promotion of            hats, caps, sweat
                                Texas and Western       pants, coats,
                                heritage, namely,       shoes, boxer
                                dissemination of        shorts, underwear,
                                Texas historical        shorts, sleepwear,
                                information]            socks, sweaters
                                                        and neckties;
                                                        in Class 41:
                                                        entertainment
                                                        in the nature of
                                                        various sports
                                                        tournaments and
                                                        film festivals;
                                                        arranging and
                                                        conducting athletic
                                                        events, concerts,
                                                        and various
                                                        special events;
                                                        audio production
                                                        services;
                                                        production of TV
                                                        programs; live
                                                        performances by a
                                                        musical band,
                                                        music production
                                                        services, night
                                                        clubs,
                                                        discotheques; and
                                                        other services]

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

                                                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