United States Patent and Trademark Office OG Notices: 30 November 2004

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

10-26           EX              76404296                Robbie Pierce

10-26           OPP             91118745                Sharp Kabushiki
                (R)                                     Kaisha v.
                                                        ThinkSharp, Inc.


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

2(d)            Refusal                                 "RUBICON BY
                Affirmed                                MASTERCRAFT"
                                                        [racing and
                                                        performance
                                                        after-market
                                                        automobile
                                                        interior parts,
                                                        namely, seats,
                                                        headrests,
                                                        safety
                                                        upholstery,
                                                        safety nets,
                                                        safety belts for
                                                        automobile
                                                        seats, and
                                                        fittings for the
                                                        same]

2(d);           Request for     "SHARP"                 "THINKSHARP"
whether         Reconsideration [a wide variety         [in Class 16:
applicant's     Granted to the  of electrical           computer
mark is         Extent that     and/or                  software for use
barred from     Opposer's       electronic              as education
registration    res judicata    products and            programs in the
by res          claim is        components]             fields of
judicata        tried                                   problem solving
                considered                              and critical
                by implied                              thinking,
                consent of                              pre-recorded
                the parties,                            videocassette
                but judgment                            tapes featuring
                entered for                             education
                applicant on                            programs in the
                that claim;                             field of problem
                Request for                             solving and
                Reconsider-                             critical
                ation other-                            thinking;
                wise denied                             and CD-ROMS
                (Opposition                             containing
                Dismissed                               education
                as to both                              programs;
                classes of                              in Class 41:
                goods and                               educational
                services)                               services,
                                                        namely,
                                                        providing
                                                        information,
                                                        conducting
                                                        educational
                                                        seminars and
                                                        distributing
                                                        education
                                                        materials via
                                                        classroom
                                                        instruction, the
                                                        Internet, and
                                                        satellite
                                                        transmission, in
                                                        the fields of
                                                        problem solving
                                                        and critical
                                                        thinking]


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

"RUBICON"                                       No
[motor vehicles,
namely,
automobiles and
structural parts
therefor]

                                                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