United States Patent and Trademark Office OG Notices: 25 October 2005

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

9-20            EX              78243978                TSI Brands, Inc.

9-20            OPP             91159010                Traditional
                                                        Medicinals, Inc. v.
                                                        Heartland Brewery,
                                                        Inc.

9-20            EX              76420605                First Draft, Inc.

9-21            EX              76516062                Desiccare, Inc.


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

2(d)            Refusal                                 "DEEP DYE"
                Affirmed                                [clothing, namely,
                                                        shirts and slacks;
                                                        menswear apparel
                                                        items, namely,
                                                        shirts and slacks]

2(d)            Opposition      "MOTHER'S MILK"         "MOTHER'S MILK
                Sustained       [herb tea; dietary and  MAIBOCK"
                                nutritional supplements [beer]
                                in the nature of herbal
                                teas]

whether the     Refusal                                 "FERN MICHAELS"
words applicant Affirmed                                [series of
seeks to                                                fictional books]
register
function as a
trademark for
applicant's
goods

2(d)            Refusal                                 "MOLD-AWAY"
                Affirmed                                [moisture absorbing
                                                        kits comprising
                                                        chemical
                                                        compositions and
                                                        apparatus, namely,
                                                        silica gel, zeolite
                                                        molecular sieves,
                                                        clay, lime, calcium
                                                        chloride, desiccant
                                                        bags, synthetic
                                                        bags, and plastic
                                                        trays, all sold as
                                                        a unit]


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

"DEEP DYE SELECT"                               No
[fibers used in manufacturing
fabrics, clothing, and home
furnishings

                                                No

                                                Yes

"MOLD AWAY"                                     No
[mildew spot remover]


(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