United States Patent and Trademark Office OG Notices: 02 October 2007

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

8-29            EX              76652382                Shamrock
                                                        Beverage Co.

8-29            EX              78322941                OMNOVA
                                                        Solutions Inc.


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

2(d)            Refusal                                 "SHAMROCK
                Affirmed                                BEVERAGE CO."
                as to all                               (and design)
                four cited                              [concentrates
                registrations                           for non-alcoholic
                                                        frozen fruit
                                                        beverages, fruit
                                                        drinks and fruit
                                                        juices]

2(e)(1)         Refusal                                 "THE FLEXIBLE
                Affirmed                                WHITEBOARD"
                                                        (in stylized
                                                        format)
                                                        [wall coverings]


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

4 cited registrations,                          No
all owned by the same
entity:
"SHAMROCK"
(and design)
[fresh citrus fruits]
and 3 registrations for
"SHAMROCK FOODS COMPANY"
(and design)
[fresh fruits and fresh
vegetables], [fruit juices
and fruit-flavored drinks],
and [canned and frozen
vegetables; dietary
(low sodium) canned
vegetables; canned, frozen
and dehydrated fruit; jams,
jellies, preserves; peanut
butter; pickles; processed
peppers; olives; eggs]

                                                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