United States Patent and Trademark Office OG Notices: 03 August 2004

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

6-30            OPP             91152083                The Goodyear
                                                        Tire & Rubber Co.
                                                        v. Camoplast, Inc.

6-30            EX              75470334                Jacobson, Price,
                                                        Holman & Stern,
                                                        PLLC

7-2             OPP             91122927                Nixalite of
                                                        America Inc. v.
                                                        Bird Barrier of
                                                        America, Inc.

7-2             EX              76411171                Baldwin
                                                        Piano, Inc.


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

de jure         Opposition                              configuration of
functional-     Sustained                               the tread pattern
ity; whether,   on all                                  located over the
if not          grounds                                 entire outside
functional,                                             surface of
applicant's                                             applicant's rubber
mark is                                                 tracks
inherently                                              [rubber tracks
distinctive                                             used in land
or has                                                  vehicles]
acquired
distinctive-
ness

2(e)(1)         Refusal                                 "FILEFINDER"
                Affirmed                                [a computer
                                                        program used
                                                        as a tool in
                                                        connection with
                                                        electronic records
                                                        management, paper
                                                        records manage-
                                                        ment, and
                                                        three-dimensional
                                                        inventory records
                                                        management]

genericness     Opposition                              "BIRD BARRIER"
[whether        Sustained                               (and design)
applicant's     (but                                    [pest control
mark is         applicant                               devices, namely,
registrable     allowed                                 non-electric metal
without a       time to                                 wire attached to a
disclaimer of   submit                                  structure for
the words       disclaimer)                             deterring birds
BIRD                                                    from landing and
BARRIER]                                                perching]

2(e)(4)         Refusal                                 "BREWSTER"
                Affirmed                                [pianos]


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

                                                No

                                                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