United States Patent and Trademark Office OG Notices: 02 August 2005

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

6-30            EX              76068295                Peabody
                                                        Management, Inc.

6-30            OPP             91122634                Ultimate
                                                        Nutrition, Inc.
                                                        v. Absolute
                                                        Nutrition, LLC

6-30            EX              76487221                Global Mentoring
                                                        Solutions, Inc.


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

1, 2, 3         Refusal                                 "THE LEGEND
and 45          Affirmed                                OF THE DUCKS . . ."
[failure to                                             (a 182-word
function]                                               recitation of
                                                        the story how
                                                        ducks came to
                                                        the lobbies of
                                                        applicant's hotels)
                                                        [providing
                                                        facilities for
                                                        meetings and
                                                        banquets;
                                                        hotel services;
                                                        hotel catering,
                                                        conciergeservices]

2(d)            Opposition      "ULTIMATE               "ABSOLUTE
                Dismissed       NUTRITION"              NUTRITION"
                                [vitamins and           [vitamins
                                nutritional food        and dietary
                                supplements]            supplements]

2(e)(1)         Refusal                                 "REAL TIME LAB"
                Affirmed                                [training services
                                                        in the field of
                                                        computer applica-
                                                        tions and technical
                                                        training for
                                                        businesses via
                                                        the Internet]


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

                                                No

                                                No

                                                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