United States Patent and Trademark Office OG Notices: 16 September 2003

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

8-12            EX              75/716,333              International
                                                        Market Brands,
                                                        Inc.

8-13            EX              76/204,725              Paramount Pool
                                                        Services, Inc.


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

2(d)            Refusal                                 "COUNTRY KETTLE"
                Reversed                                [frozen soups,
                                                        canned soups, and
                                                        frozen entrees
                                                        consisting
                                                        primarily of meat,
                                                        chicken, fish or
                                                        vegetables sold to
                                                        institutional
                                                        buyers and frozen
                                                        entrees consisting
                                                        primarily of pasta
                                                        or rice sold to
                                                        institutional
                                                        buyers]

genericness     Refusal                                 "POOLANDSPA.COM"
(whether        Affirmed                                [mail order and
applicant's                                             online ordering
mark is                                                 of swimming pools,
registrable                                             spas, hot tubs,
on the                                                  parts, chemicals,
Supplemental                                            equipment,
Register)                                               supplies and
                                                        accessories and
                                                        print publications
                                                        related thereto]


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

"THE COUNTRY KETTLE"                            No
[restaurant services]

                                                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