Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 3-18 OPP 96,596 Wild Birds Unlim- ited, Inc. v. Jeanette Davis 3-19 EX 74/497,314 Health Decisions, Inc. 3-19 EX 74/575,074 H. E. Butt Grocery Co. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Opposition bird design "BIRDWATCHERS' Dismissed [bird feeders and COUNTRY STORE" birdhouses; bird- (and design) food; retail store [retail store services special- services featuring izing in nature bird feeding sup- related products]; plies, birdbaths, "WILD BIRDS bird houses, bird UNLIMITED" watching and bird (and a design calling equipment incorporating and field guides; birds) [advertise- books, prerecorded ment newsletters audio and video with information recordings, greet- about feeding and ing cards, note care of birds; re- cards, art pieces, tail store serv- gifts, etc. re- ices specializing lated to birds] in the feeding and care of birds] whether the Refusal "DEMAND matter as- Affirmed ANALYSIS" serted for [investigation of registration health care utili- is capable zation] of registra- tion on the Supp. Regis- ter [genericness] Sec. 6 dis- Refusal "DR. B-OUR OWN claimer re- Affirmed ORIGINAL-H-E-B" quirement (and design) (of words [carbonated non- "OUR OWN alcoholic soft ORIGINAL") drinks] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION