United States Patent and Trademark Office OG Notices: 07 October 2003

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

9-4             EX              78/043,560              Los Verdes
                                                        III, LLC

9-5             EX              78/050,941              American Eagle
                                                        Instruments Inc.


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

2(e)(2) as      Refusal                                 "CHERRY CREEK
to all 4        Affirmed                                COUNTRY CLUB"
classes of      on both                                 [Class 16: printed
goods and       grounds                                 matter, namely,
services;                                               score cards,
2(d) as to                                              playing cards,
goods in                                                note cards, and
Class 25                                                golf yardage
only                                                    books;
                                                        Class 25: shirts,
                                                        hats, t-shirts;
                                                        Class 28: golf
                                                        accessories,
                                                        namely, golf bags,
                                                        golf tees, and
                                                        golf towels;
                                                        Class 41: golf
                                                        courses, golf club
                                                        services, golf
                                                        tournaments,
                                                        instruction in the
                                                        field of golf]

2(d)            Refusal                                 "TALON TOUGH"
                Affirmed                                [dental
                                                        instruments,
                                                        namely, curettes,
                                                        scalers, explor-
                                                        ers, angle forms,
                                                        pluggers, carvers,
                                                        chisels,
                                                        excavators,
                                                        burnishers, and
                                                        margin trimmers
                                                        having stainless
                                                        steel tips for
                                                        diagnostic, peri-
                                                        odontal, hygiene,
                                                        composite,
                                                        operative, and
                                                        endodontic use]


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

"CHERRY CREEK"                                  No
(and design)
[clothing, namely,
sports coats,
blouses, skirts,
slacks, shirts,
t-shirts, shoes,
hats, jackets,
coats, dresses,
scarves, and
belts]

"TALON"                                         No
[interocclusal dental
appliances, namely,
nightguards, antibruxism
appliances, TMJ splints,
myofascial pain dysfunction
splints, and sleep disorder
appliances; plastic molding
compounds, namely, a polymer
composition for use in the
manufacture of molded plastic
articles]


(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