United States Patent and Trademark Office OG Notices: 12 October 2004
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
9-9 EX 76373720 Towle Mfg. Co.
9-9 EX 75407763 Leiner Health
Services Corp.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "CHARLESTON"
Affirmed [sterling silver
as to plated flatware,
both cited namely, forks,
registrations knives and spoons]
2(d) Refusal "NATURE'S ORIGIN"
Reversed [vitamins
and dietary
supplements]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
2 cited registrations, No
both owned by the
same entity, for the
mark
"CHARLESTON GARDENS"
[candles;
outdoor furniture,
lawn furniture,
living room furniture,
dining room furniture,
sun room furniture;
dinnerware] and
[containers for plants
and flowers, etc.;
beverage glassware;
tabletop decorative
items not of precious
metal, namely, serving
bowls, covered casseroles,
cake stands, teapots,
and platters, etc.;
napkin rings, place
card holders, salt and
pepper shakers, candle
holders; serving trays
not precious metal;
garden gloves]
"ORIGIN" No
[vitamins, minerals
and other health food
supplements consumed
primarily for their
vitamin or mineral content]
(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