United States Patent and Trademark Office OG Notices: 22 March 2005

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

2-17            EX              75694928                Red Bull GmbH

2-18            EX              76411172                Gibson Piano
                                                        Ventures, Inc.

2-18            EX              76338228                Work Zone, Inc.

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

2(d)            Refusal                                 "ENERGY WEAR"
                Reversed                                [footwear;
                as to all                               clothing, namely,
                four cited                              shirts, pants,
                registrations                           t-shirts, sweat
                                                        shirts and
                                                        sweatpants,
                                                        shorts, blouses,
                                                        skirts, jumpers,
                                                        socks, hats,
                                                        caps; riding
                                                        apparel, namely,
                                                        riding jackets
                                                        and pants;
                                                        outerwear, namely,
                                                        jackets and coats;
                                                        activewear,
                                                        namely, shorts,
                                                        shirts, hats, caps
                                                        and visors;
                                                        bandannas,
                                                        neckerchiefs,
                                                        coats, jackets,
                                                        sweaters,
                                                        sleepwear; resort
                                                        wear, namely,
                                                        shorts, shirts,
                                                        t-shirts and
                                                        pants; belts and
                                                        suspenders]

2(e)(4)         Refusal                                 "HELLER & CO."
                Affirmed                                [pianos]

2(d)            Refusal                                 "WORK ZONE"
                Affirmed                                (enclosed within
                                                        a diamond shape)
                                                        [protective boots
                                                        and shoes for
                                                        industrial use]

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

3 cited                                         No
registrations,
two owned by the
same entity:
"ENERGIE"
(in stylized
lettering)
[men's and women's
clothing, namely,
t-shirts, polo
shirts,
sweatshirts,
sweatpants, and
shorts];
"ENER-G"
(and design)
[men's sportswear,
namely, shirts and
pants] and
[clothing, namely,
tops and bottoms]

                                                No

"WORK ZONE"                                     No
[retail store and
mail order catalog
services in the
field of footwear
and apparel]

(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