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

			September 29 - October 3, 2003


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

9-30		OPP		91110121		Kellogg Co. v. 
							The Earthgrains 
							Co.


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

2(e)(1); 	Opposition 				"MORNING GOODS" 
whether 	Dismissed 				[refrigerated 
applicant 	as to both 				bakery products, 
has 		applications				namely, biscuits, 
bona fide 						cookies, english 
intention 						muffins, dinner 
to use the 						rolls, pie crust, 
marks it 						breadsticks, pizza
seeks to 						crust, frozen 
register						garlic bread, 
							cinnamon rolls, 
							danish and toaster
							pastries]; 
							"MORNING GOODS" 
							and "MORNING 
							GOODNESS" 
							[both marks for 
							brad, muffins, 
							buns, rolls, 
							croissants, 
							danish, cakes, 
 							snack cakes, 
							donuts, bagels and
							bakery products]


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

						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

