United States Patent and Trademark Office OG Notices: 27 July 2004

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

                               June 21-25, 2004



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

6-22            EX              76409942                Tundra
                EX              76409943                Trading, Inc.

6-22            OPP             91117782                Anvil Knitwear,
                CANC            92030393                Inc. v. Success
                                                        Ware Inc.

6-22            EX              76447249                Nature's
                                                        Rest, Inc.


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

Section 6       Refusal                                 "TUBI'S TIRE TREAD
disclaimer      Reversed                                LICORICE" and
requirement     in both                                 "TUBI'S TIRE TREAD
(of words       cases                                   LICORICE"
TIRE                                                    (and design)
TREAD)                                                  [both marks
                                                        for licorice]

2(d)            Opposition      "ANVIL"                 design mark
                Sustained       [shirts; knitted        incorporating a
                and             dresses; caps];         graphic depiction
                Petition        design mark             of an anvil and a
                to Cancel       comprising a            hammer
                Granted         graphic depiction       [t-shirts, sweat
                                of an anvil             tops, and sweat
                                [men's and              pants] and
                                boys' shirts]           "SUCCESS WARE
                                                        INC. SPORTSWEAR"
                                                        (and a design
                                                        incorporating a
                                                        graphic depiction
                                                        of an anvil and a
                                                        hammer)
                                                        [t-shirts, sweat
                                                        pants, sweat
                                                        shirts, sweat
                                                        jackets, and
                                                        sweat shorts]

2(e)(1)         Refusal                                 "BIOSTATIC"
                Affirmed                                [mattress
                                                        covers]


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

                                                No

                                                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