United States Patent and Trademark Office OG Notices: 26 November 2002

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

                              October 14-18, 2002


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

10-16           EX              75/629,629              Merion
                EX              75/630,793              Publications, Inc.
                EX              75/854,084

10-16           CANC            29,700                  Next Century
                                                        Restaurants, Inc.
                                                        v. Aqua Grill
                                                        Inc.


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

Section 6       Refusal                                 "ADVANCE FOR
disclaimer      Affirmed                                PROVIDERS OF POST
requirement     in all                                  ACUTE CARE,"
(of phrases     three cases                             "ADVANCE FOR
PROVIDERS OF                                            NURSES, SERVING
POST ACUTE                                              THE GREATER
CARE,NURSES,                                            PHILADELPHIA/TRI-
SERVING THE                                             STATE METRO AREA,"
GREATER                                                 and "ADVANCE FOR
PHILADELPHIA/                                           NURSES SERVING
TRI-STATE                                               THE CAROLINAS
METRO AREA                                              AND GEORGIA METRO
and NURSES                                              AREAS"
SERVICE THE                                             [all three marks
CAROLINAS                                               for a magazine
AND GEORGIA                                             featuring the
METRO AREAS);                                           allied health
whether these                                           professions]
phrases have
acquired dis-
tinctiveness
under
Section 2(f)

2(d)            Petition        "AQUA" and              "AQUAGRILL"
                to Cancel       "AQUA"                  [restaurant
                Granted         (and design)            services and
                                [restaurant             catering]
                                services]


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