United States Patent and Trademark Office OG Notices: 13 May 2003

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

                               April 7-11, 2003



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

4-8             EX              76/133,801              Points.com, Inc.

4-8             EX              78/081,597              Daedong Industrial
                EX              78/081,704              Co., Ltd.

4-8             EX              75/690,915              AdobeAir, Inc.


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

2(e)(1)         Refusal                                 "GLOBALPOINTS-
                Affirmed                                XCHANGE"
                                                        [providing a
                                                        web site on the
                                                        global computer
                                                        network for the
                                                        tracking and
                                                        exchange of
                                                        customer loyalty
                                                        rewards]

2(d)            Refusal                                 "KIOTI" and
                Affirmed                                "KIOTI"
                in both                                 (and design)
                cases                                   [both marks for
                                                        agricultural and
                                                        landscaping
                                                        tractor attach-
                                                        ments and tractor-
                                                        towed agricultural
                                                        implements,
                                                        namely, front end
                                                        loaders, backhoes,
                                                        finish mowers,
                                                        and tillers and
                                                        replacement parts
                                                        therefor]

2(d)            Refusal                                 "WISPER COOL"
                Reversed                                (and design)
                                                        [portable
                                                        evaporative air
                                                        cooling units for
                                                        domestic and
                                                        commercial use]


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

                                                No

"COYOTE"                                        No
(and design)
[construction equipment,
namely, front end loaders
and dozers]

"WHISPERKOOL"                                   No
[wine cellar cooling
units]


(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