United States Patent and Trademark Office OG Notices: 22 January 2002

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

                             December 10-14, 2001


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

12-12           OPP             99,915                  Haverly Systems,
                (R)                                     Inc. v. Omni Flow
                                                        Computers, Inc.

12-12           OPP             114,061                 The Toro Company v.
                                                        ToroHead, Inc.


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

2(d)            Request for     "OMNI"                  "OMNI"
                Reconsideration [computer software]     [flow measurement
                Denied                                  and control
                [Opposition                             computers featuring
                Dismissed]                              integrally attached
                                                        keypads for the
                                                        measurement and
                                                        control of liquid
                                                        hydrocarbon and gas
                                                        flows; printed
                                                        matter, namely,
                                                        user manuals for
                                                        measurement and
                                                        control computers
                                                        and controllers for
                                                        use in the
                                                        measurement and
                                                        control of
                                                        hydrocarbon liquid
                                                        and gas flows]

2(d); dilution  Opposition      a number of marks       "ToroMR"
[Secs. 13 and   Dismissed       incorporating the word  (and bull's head
43(c)]                          "TORO"                  design)
                                [for a variety of goods [very low
                                and services, including reluctance, thin
                                grass cutting machinery film magnetic
                                and irrigation systems] reading and writing
                                                        heads for sale to
                                                        OEM manufacturers
                                                        of high
                                                        performance
                                                        computer disk
                                                        drives]


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