Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 9-18 EX 74/679,615 James V. Young 9-18 EX 74/715,228 Transterra Co. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services de jure Refusal "configuration of function- Affirmed a hand-held ality; (on all massager with a whether the grounds) generally circular matter appli- head and a handle cant seeks to possessing a register as a keyhole grip, the trademark has top and bottom of become dis- which grip dupli- tinctive of cate the waveform its goods; of the handle whether ap- shaft" [hand-held plicant's de- massage apparatus] scription of its mark is sufficiently clear and accurate for registration purposes 2(d) Refusal "UPSIDE" Affirmed [electronic brokerage services, namely, providing computer instructional services for the elctronic proces- sing of stock brokerage trans- actions via a global computer information network] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No "UPSIDE CD" No (in stylized lettering) [banking and financial services in the nature of issuing certificates of deposit] (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION