United States Patent and Trademark Office OG Notices: 14 February 2006

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

1-12            EX              76554285                Advertising
                                                        Marketing
                                                        Services, Inc.

1-12            OPP             91125266                Ava Enterprises,
                                                        Inc. v. Audio
                                                        Boss USA, Inc.


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

Section 6       Refusal                                 "THE MERCHANDISER
disclaimer      Affirmed                                NEWSPAPERS
requirement                                             `ADVERTISING NEWS
(of the word                                            CONSUMERS USE'"
MERCHANDISER)                                           (in stylized form)
                                                        [newspapers
                                                        primarily
                                                        featuring
                                                        classified
                                                        advertisements
                                                        and news articles]

2(d)            Opposition      "BOSS AUDIO             "AUDIO BSS USA"
                Sustained       SYSTEMS"                (in design format)
                                (in stylized            [car power
                                form)                   amplifiers, car
                                [automobile audio       speakers, car
                                components, namely      stereos, and home
                                AM/FM stereo            theater speakers]
                                receivers, cassette
                                tape decks, CD
                                players, power
                                amplifiers,
                                equalizers,
                                electronic cross
                                overs and speakers]


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

                                                No

                                                Yes


(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