United States Patent and Trademark Office OG Notices: 06 April 2004
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
March 1-5, 2004
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
3-2 EX 76275674 Diet Fitness Corp.
3-4 EX 78008156 Rugged
Footwear Co.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether Refusal "TH"
applicant's Affirmed (in stylized form)
amended [original
recitation of recitation of
services is services:
within the "marketing and
scope of the distribution of
original diet and motiva-
recitation of tional plans,
services programs and
products"; amended
recitation of
services:
"education courses
in the field of
nutrition, and
educational liter-
ature distributed
therewith" in
Class 41 and
"planning,
executing and
supervising diet
programs by means
of group meetings
and individual
consultations"
in Class 42]
whether Refusal "IF BY LAND
applicant's Affirmed IF BY SEA"
drawing of [computerized
its mark is a on-line retail
substantially services in the
exact repre- field of footwear
sentation and clothing]
of the mark
shown in
applicant's
specimens
of use
(Trademark
Rule
2.51(a)(2))
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
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