United States Patent and Trademark Office OG Notices: 06 January 2004

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

                              December 1-5, 2003



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

12-1            EX              76231175                Globe Food
                                                        Equipment Co.

12-1            CANC            92041922                Build-a-Bear
                (SJ)                                    Workshop v. Silver
                                                        Dollar City, Inc.

12-2            EX              76294290                Motomco Ltd.


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

2(d)            Refusal                                 "CHEFMATE"
                Affirmed                                [power operated,
                as to both                              commercial, food
                cited                                   service machines,
                registrations                           namely, meat
                                                        slicers, food
                                                        mixers, and food
                                                        processors]

2(d);           Petition        "BUILD-A-BEAR"          "CREATE A CRITTER"
dilution        to Cancel       and a family of         [stuffed toy
                Dismissed       marks incorpora-        animals and plush
                (Respondent's   ting the words          toy animals and
                motion for      "BUILD-A-_____"         dolls and acces-
                summary         [stuffed toy            sories therefor,
                judgment        animals and plush       and kits for
                granted)        toy animals and         creating stuffed
                                other goods]            toy animals and
                                                        plush toy animals
                                                        and dolls and
                                                        accessories
                                                        therefor]

2(d)            Refusal                                 "TOMCAT
                Affirmed                                QUICKSTRIKE"
                                                        [rodenticides]


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

2 cited registrations,                          No
both for the same
mark and both owned
by the same entity:
"CHEFMATE"
[kitchen utensils,
namely, pots and
pans] and [small
electric appliances or
apparatus for
household and home
kitchen use, namely,
choppers, mixers,
peelers, slicers, and
dicers]

                                                No

"QUIKSTRIKE"                                    No
[insecticides for
agricultural, domestic
and commercial use]


(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