United States Patent and Trademark Office OG Notices: 20 September 2005

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

8-18            EX              76433850                Waste
                                                        Management, Inc.

8-18            CANC            92030168                Simi Winery, Inc.
                CANC            92031424                and Franciscan
                CANC            92031728                Vineyards, Inc.
                CANC            92031786                v. Mr. Container
                CANC            92031877                and Simi Global
                                                        Corp.


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

2(d)            Refusal                                 "WASTEMASTER/ALIVE"
                Affirmed                                [a commercial
                                                        hauling control
                                                        and monitoring
                                                        system comprising
                                                        computer hardware,
                                                        software,
                                                        electronic hardware
                                                        and encoded smart
                                                        cards that track,
                                                        control, and
                                                        maintain hauling
                                                        activities to
                                                        ensure hauler
                                                        accountability,
                                                        driver compliance,
                                                        and the safety,
                                                        weight, time and
                                                        location of
                                                        product loading,
                                                        transfer and
                                                        delivery]

2(d)            Petition        "SIMI"                  "SIMI"
                to Cancel       [wines;                 namely, powdered
                registration    merchandise             soft drink mix];
                of mark SIMI    sold through            "SIMI"
                (in stylized    petitioner's            (in stylized form)
                form)           visitor center,         [breakfast foods,
                [Canc. No.      including: wine,        beverages, staple
                92031424]       clothing,               foods, condiments,
                Granted;        corkscrews,             and seasonings,
                All four        coasters, bread         namely, spices,
                other           boards, olive           pasta, pastries,
                Petitions       oil, wine               vinegar, relishes,
                to Cancel       vinegar]                breakfast cereal,
                Dismissed                               yeast, baking
                                                        powder, and
                                                        baking soda];
                                                        "SIMI TI MOTO"
                                                        [seasoning];
                                                        "SIMI DOCTOR"
                                                        [baking soda];
                                                        "SIMI"
                                                        [food seasonings,
                                                        namely, bouillon
                                                        cubes containing
                                                        meat/poultry/
                                                        vegetable extracts]


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

"WASTEMASTER"                                   No
[waste compactor
fullness and usage
monitoring and
communications
system comprising
electronic remote
sensors for
tracking usage,
detecting waste
fullness levels
and providing
notification of
such conditions to
user, hauler,
servicer and
seller, via
facsimile, computer
or pager]

                                                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