United States Patent and Trademark Office OG Notices: 21 September 2004

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

8-17            EX              76237565                Dorel Juvenile
                                                        Group, Inc.

8-17            EX              76342221                Fugitt Rubber &
                EX              76342222                Supply Co., Inc.


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

whether         Refusal                                 "BABY ON BOARD!"
the matter      Affirmed                                (and design)
applicant                                               [plastic
seeks to                                                novelty signs]
register
functions
as a mark
for its
recited
goods or
merely as
informational
matter

2(d);           Refusal                                 "TEMPEST POWER"
whether the     Affirmed                                and
identification  in both                                 "TEMPEST POWER
of goods is     cases                                   UNIT"
sufficiently    under 2(d);                             [both marks for:
definite        requirement                             apparatus for
                for a more                              generating power
                definite                                for use in
                identification                          lighting, heating,
                of goods                                and other
                reversed                                industrial uses,
                                                        namely, a mobile
                                                        source of
                                                        electrical power
                                                        for operating
                                                        emergency lights,
                                                        work lights,
                                                        electric heaters,
                                                        and electric power
                                                        tools and a source
                                                        for providing
                                                        compressed air
                                                        used to operate
                                                        pneumatic hand
                                                        tools and other
                                                        types of pneumatic
                                                        equipment, in
                                                        commercial and
                                                        industrial appli-
                                                        cations, etc.;
                                                        air compressors,
                                                        namely, a source
                                                        for providing
                                                        compressed air
                                                        used to operate
                                                        pneumatic
                                                        equipment, etc.]


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

                                                No

"TEMPEST"                                       No
[industrial rotary
screw air compressors
and parts therefor]


(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