United States Patent and Trademark Office OG Notices: 28 September 2004

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

                              August 23-27, 2004



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

8-24            EX              76280243                Petite Four, Inc.


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

2(d)            Refusal                                 "EMPEROR NORTON
                Affirmed                                RECORDS"
                as to the                               [in Class 9:
                goods in                                musical sound
                Class 9;                                recordings;
                Refusal                                 in Class 35:
                Reversed                                promoting the
                as to the                               goods and services
                services                                of others through
                in Class                                direct mail
                35                                      advertising and
                                                        the distribution
                                                        of printed and
                                                        audio promotional
                                                        materials in the
                                                        field of sound
                                                        recording and
                                                        performances;
                                                        advertising agency
                                                        services in the
                                                        field of sound
                                                        recordings and
                                                        musical
                                                        performances of
                                                        entertainment
                                                        personalities;
                                                        management of
                                                        musical performers]


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

"NORTON RECORDS"                                No
[prerecorded vinyl
phonograph records,
audio cassettes and
CDs featuring music]


(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