United States Patent and Trademark Office OG Notices: 12 April 2005

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

3-8             OPP             91159978                Pacific Sunwear
                (SJ)                                    of California,
                                                        Inc. v.
                                                        Pepperdine
                                                        University

3-9             EX              75861779                Americare, Inc.

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

2(d)            Opposition      "KIRRA"                 design mark
                Dismissed       (and design)            [clothing,
                (applicant's    [a wide variety         namely,
                motion for      of clothing             tee-shirts,
                summary         items, including,       sweatshirts,
                judgment        among many              sweatpants, hats,
                granted)        others:  hats,          caps, sweaters,
                                caps, socks,            jackets, boxer
                                boxer shorts,           shorts, socks,
                                t-shirts, tank          tanktops, and
                                tops, sweat             shorts]
                                shirts, sweat
                                pants, crew neck
                                sweaters, and
                                denim shorts];
                                and two other
                                marks
                                incorporating
                                the word KIRRA
                                and/or a "wave"
                                design
                                [both marks for
                                various clothing
                                items of the sort
                                listed above]

2(d)            Refusal                                 "AMERICARE A
                Affirmed                                TRADITION OF
                as to both                              CARING"
                cited                                   (and design)
                registrations                           [home health care
                                                        services]

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

                                                No

2 cited                                         No
registrations,
both owned by the
same entity and
both for the
mark:
"A TRADITION OF
CARING"
[providing home
health care
services,
physical and
speech therapy,
and housekeeping
and psychological
counseling
services]
and
[newsletters
concerning home
health care
services,
physical and
speech therapy,
and housekeeping
and psychological
counseling
services]

(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