United States Patent and Trademark Office OG Notices: 02 May 2006

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

                           March 27-31, 2006


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

3-27            EX              75819306                ALP of South
                                                        Beach Inc.

3-27            EX              76552294                Olieco, Inc.


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

2(a)            Refusal                                 "CAFETERIA"
[deceptive]     Affirmed                                [restaurants
                                                        providing full
                                                        service to sit-down
                                                        patrons, excluding
                                                        cafeteria-style
                                                        restaurants]

2(d);           Refusal                                 "OLIVER'S PIZZA HOT
Section         Affirmed                                & FRESH AUTHENTIC
6 disclaimer    on all grounds                          ITALIAN TASTE"
requirement     except                                  (and design)
(of words       requirement for                         [restaurant
PIZZA, HOT &    a new drawing                           services]
FRESH and
AUTHENTIC
ITALIAN
TASTE!);
whether
applicant
must submit
a new drawing
of its mark


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

                                                Yes

"OLIVERS"                                       No
[restaurant and
carry-out services]


(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