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

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                              August 15-19, 2005



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

8-16            EX              76462786                Northern Safety
                                                        Co., Inc.


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

2(d)            Refusal                                 "NORTHERN SAFETY
                Affirmed,                               CO., INC."
                but only                                (and design)
                as to the                               [retail and
                cited mark                              wholesale store
                "NORTHERN"                              services in
                in standard                             the field of
                characters                              industrial and
                                                        safety equipment,
                                                        products and
                                                        supplies via a
                                                        catalog, mail
                                                        orders and the
                                                        Internet]


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

4 cited registrations,                          No
all owned by the
same entity:
"NORTHERN TRACTOR
& POWER"
(and design)
[retail stores
services and mail
order catalog
services in the
field of tractors,
forklifts, machinery,
hydraulic equipment,
gas generators, and
other goods];
"NORTHERN"
[retail store
services and mail
order catalog
services in the
field of hand tools,
electric power tools,
hydraulic equipment,
turbines, gas generators,
material handling
products, painting
accessories, lighting
products, pressure washers,
work clothing, gloves, and
many other goods];
"N NORTHERN TOOL
& EQUIPMENT CO."
(and design)
and "NORTHERN TOOL
& EQUIPMENT CO."
(in design format)
[both marks for services
similar to those listed
above]


(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