United States Patent and Trademark Office OG Notices: 06 Nov 2007

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

                               October 1-5, 2007




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

10-2            OPP             91153141                Motion Picture
                (R)                                     Association of
                                                        America, Inc. v.
                                                        Respect Sportswear,
                                                        Inc.

10-2            EX              78480554                Barnhorst


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

2(d)            Request for     "RATED R"               "RATED R
                Reconsidera-    [certification mark     SPORTSWEAR"
                tion Denied     for certifying that     [men's and ladies'
                as Untimely     a motion picture        shirts, pants,
                (Opposition     film is an adult        ladies' dresses,
                Sustained)      film in some of its     shorts and jackets]
                                aspects and treat-
                                ment so far as
                                language, violence,
                                nudity, and sensu-
                                ality are concerned
                                and that no one
                                under 17 should be
                                admitted unless
                                accompanied by a
                                parent or
                                guardian]; and
                                other certification
                                marks incorporating
                                the letter R, for
                                certification
                                similar to that
                                described above

genericness;    Refusal                                 "THE TRADEMARK
whether, if     Affirmed                                GROUP"
not generic,                                            [intellectual
applicant's                                             property consulta-
mark is                                                 tion in the field
registrable                                             of trademarks;
under                                                   legal services in
Section 2(f)                                            the field of
                                                        trademark law]


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