United States Patent and Trademark Office OG Notices: 01 February 2005

December 27-31, 2004
12-
23**
OPP
(R)

OPP
(R)
91100786

91104047
M.C.A. –
Medical and
Chemical
Agency s.r.l
v. Zenna
Chemical
Industry
Co. Ltd.
and
Zenna
Chemical
Industry
Co. Ltd. v.
M.C.A. –
Medical and
Chemical
Agency
s.r.l. and
M.C.A. –
Medical and
Chemical
Agency
S.p.A.
2(d)

2(d)
Request
for Recon-
sideration
Denied
(Opposi-
tion
Sustained)

Request
for Recon-
sideration
Denied
(Opposi-
tion
Dismissed)
"TOP-GEL" and
"MCA" [skin care
products]

"MCA" (in stylized
design form) [body
cream, cold cream, eye
cream, face cream,
skin cleansing cream,
skin cleansing lotion,
medicated skin cream,
and vanishing cream,
foundation makeup,
talcum powder, toilet
soap, liquid soap for
hands, face and body,
perfume, lipstick and
lip pomades]
"TOP-GEL MCA" (in
block letters) [skin
cleansing milk, skin
cleansing crème,
foundation powder and
face cream]

"MCA" (in stylized design
form) [skin cream and
soap]
No

**Inadvertently omitted from summary for the week of December 20-24, 2004


12-29
OPP
91122058
Collegetown
Relocation,
LLC v.
Garan
Services
Corp.
whether
applicant
had a bona
fide
intention to
use its mark
at the time
it filed its
application
to register;
2(d)
Opposition
Dismissed
"COLLEGETOWN"
[providing Internet
access to a wide range
of information
involving education
and educational
institutions];
"COLLEGETOWN
RELOCATION"
[providing real estate
information including
availability, locale, and
description of
properties for sale or
lease, demographic
information of use to
persons planning to
move their residence
or business];
"COLLEGETOWN"
[clothing, namely,
hats, shirts, and
sweatshirts]
"COLLEGETOWN"
[clothing, namely, shirts,
tops, blouses, skirts,
pants, and jackets]
No

12-30
EX
76213128
Rubimed
AG
2(e)(1)
Refusal
Affirmed
in both
classes
"PSYCHOSOMATIC
ENERGETICS" [in Class
16: printed instructional,
educational, and teaching
materials in the field of
naturopathy, empirical
therapeutics and holistic
medicine; in Class 42:
medical services, namely,
medical care in the field
of naturopathy, empirical
therapeutics and holistic
medicine]
No

12-30
OPP
(R)
CANC
(R)
CANC
(R)
91108265
92027073
92029665
H-D
Michigan,
Inc. v.
Boutique
Unisexe El
Baraka,
Inc. and
3222381
Canada,
Inc.
2(d); fraud
[asserted in
all three
proceedings]
abandonment
[asserted
only in the
two
cancellation
proceedings]
Request
for Recon-
sideration
Denied
(Opposi-
tion
Sustained
as to all
classes of
goods but
on 2(d)
grounds
only
and
Both
petitions
to Cancel
Granted as
to all
classes of
goods on
2(d)
grounds
and on
grounds of
abandon-
ment)
"HARLEY-
DAVIDSON
SCREAMIN' EAGLE
PERFORMANCE
PARTS" (and eagle
design) [motorcycle
parts and accessories;
belt buckles; baseball
caps; pins, lighters;
patches/emblems]
91108265--
"SCREAMING EAGLE"
[in Class 14:  jewelry,
namely, pendants,
earrings, bracelets, rings,
brooches; in Class 16:
posters; in Class 18:
wallets, handbags,
satchels, cyclist bags, key
cases; in Class 21:  beer
mugs; in Class 25:
undershirts, shorts,
swimsuits, dresses, skirts,
pajamas, caps, scarves,
head-bands; crest; leather
skirts and coats, caps; eye
shades; and jeans]
92027073—
"SCREAMING EAGLE"
[in Class 21:  coffee
mugs; in Class 25:  t-
shirts, belts, sweat-shirts,
pants; leather jackets]
92029665—
"SCREAMIN' EAGLE"
[in Class 18:  wallets,
handbags, satchels, cyclist
bags, key cases, purses; in
Class 25:  belts,
sweatshirts, pants, jeans,
camisoles, shorts, bathing
suits, dresses, skirts,
pajamas, caps, hats,
visors, scarves, head-
bands, wristbands; leather
skirts, jackets, coats,
pants, gloves and boots;
in Class 26:  belt buckles
not of precious metal;
brooches not of precious
metal]

No


12-30
EX
76297319
Lidl
Stiftung &
Co. KG
2(d)
Refusal
Affirmed
in both
classes as
to both
cited
registra-
tions
"STEAKCOUNTRY" [in
Class 29:  meat, frozen
meat; meat products,
namely, roast, burgers,
minced meat beef,
meatballs, meat salad, also
deep frozen; prepared
meals consisting primarily
of meat with the addition
of vegetable, farinaceous
pastes, potatoes, and/or
rice; in Class 30:
prepared meals consisting
essentially of vegetables,
farinaceous pastes,
potatoes and/or rice; with
the addition of meat and
also deep frozen]
2 cited registrations,
both owned by the
same entity:
"STEAKOUNTRY"
and
"STEAKOUNTRY"
(in stylized lettering)
[both marks for
restaurant services]
No