United States Patent and Trademark Office OG Notices: 25 April 2006
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
March 20-24, 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
3-20 EX 78216470 Viacom
International Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "IT'S WHAT'S INSIDE
Affirmed THAT COUNTS"
[video game
machines for
use with TV,
audio output game
machines for use
with TV, video game
cartridges, video
games recorded on
CD-ROM for use in
freestanding video
game machines; and
computer products,
namely, game
cartridges for
computer video
games and video
output machines for
use with TV and
instructional
materials sold as a
unit, computer game
cassettes, computer
game tapes and
manuals sold as a
unit; theatrical
and musical sound
recordings;
theatrical and
musical video
recordings, laser
discs and digital
video discs,
namely, digital
versatile discs
and DVD; sunglas-
ses, all of which
are to be marketed
in connection with
the EVERGIRL line
of products which
is directed to
children, pre-
teens, and teens
and emphasizes the
concept of self-
empowerment and
a positive
self-image]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"WHAT'S INSIDE COUNTS" No
[in Class 41:
multimedia entertainment
software production
services; audio and video
recording and production;
in Class 42:
computer services, namely,
designing and implementing
network web pages for
others, design of computer
software and multimedia games]
(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