United States Patent and Trademark Office OG Notices: 18 October 2005
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
September 12-16, 2005
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
9-12 EX 75107678 Armament Systems
and Procedures,
Inc.
9-12 EX 78347910 Karsten Mfg. Corp.
9-13 EX 76378373 Dryvit Systems,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
de jure Refusal the color red
functionality Affirmed applied to the
[whether entire surface of
applicant's applicant's goods
mark is [hand-held
registrable non-functioning
on the plastic training
Supplemental equipment in the
Register] shape of knives,
radios, flashlights
pistols, rifles,
handguns, and
shotguns for use in
training law
enforcement
personnel]
whether the Refusal design mark
mark depicted Reversed [golf clubs]
in applicant's
drawing is a
substantially
exact
representation
of the mark as
it appears in
the specimens
[mutilation]
2(e)(1) Refusal "INTERMEDIATE MESH"
[genericness]; Affirmed [fiberglass mesh
whether, if not (based on used in the
generic, genericness formulation of
applicant's and, in the exterior building
mark is alternative, wall surfaces]
registrable lack of
under distinctiveness
Section 2(f) under Section
2(f))
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