United States Patent and Trademark Office OG Notices: 24 January 2006

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

                             December 19-23, 2005



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

12-20           EX              78224345                Stahlbush Island
                                                        Farms, Inc.


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

2(d);           Refusal                                 "FARMERS MARKET"
2(e)(1)         under 2(d)                              ["canned and
                affirmed;                               frozen fruit and
                refusal                                 vegetables sold
                under                                   through super-
                2(e)(1)                                 markets and
                reversed                                other retail
                                                        grocery outlets"]


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

"THE FARMERS MARKET"                            No
["roasted nuts;
processed garlic
used as a vegetable,
not seasoning;
processed artichokes;
candied nuts;
processed pumpkin
seeds; candied fruit;
processed sunflower
seeds; yogurt covered
raisins; dried
soybeans; salads,
except macaroni, rice
and pasta salad; and
cole slaw," in Class 29;
"minced garlic; croutons;
and bread sticks,"
in Class 30;
"fresh nuts; raw and
fresh vegetables; fresh
herbs; fresh mushrooms;
and fresh fruits,"
in Class 31;
and "apple cider," in
Class 32]


(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