United States Patent and Trademark Office OG Notices: 01 August 2006

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

                            June 26-30, 2006



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


6-28            CANC            92042503                Emerald
                (R)                                     Bioagriculture
                                                        Corporation v.
                                                        Biosafe Systems,
                                                        LLC


6-28            EX              76554285                Advertising
                (R)                                     Marketing
                                                        Services, Inc.


6-28            EX              78256650                Carribean Ice
                                                        Cream Co., Inc.


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


2(d)            Petition        "AUXIGRO"               "OXYGROW"
                to Cancel       [fertilizers,           [chemical
                Granted;        namely organic          compositions for
                Respondent's    acids that              treating soil to
                Request         increase plant          enhance growth of
                for             growth and yield        agricultural and
                Reconsideration for agricultural        horticultural
                Denied          or domestic use]        products]


Requirement     Refusal                                 "THE MERCHANDISER
to disclaim     Affirmed;                               NEWSPAPERS
descriptive     Applicant's                             `ADVERTISING NEWS
term            Request                                 CONSUMERS USE'"
                to Amend                                (in stylized form)
                to Claim                                [newspapers
                Acquired                                primarily featuring
                Distinctiveness                         classified
                Denied                                  advertisements and
                                                        news articles]


2(e)(1)         Refusal                                 "TROPICAL TREETS"
[descriptive]   Affirmed                                [ice cream, ice
                                                        cream drinks,
                                                        frozen yogurt,
                                                        kulfi, sorbet,
                                                        Class 30;
                                                        aerated fruit
                                                        juices, fruit
                                                        juices, fruit
                                                        drinks, fruit
                                                        flavored soft
                                                        drinks,
                                                        fruit-flavored
                                                        drinks,
                                                        concentrates,
                                                        syrups or
                                                        powders used in
                                                        the preparation
                                                        of soft drinks,
                                                        Class 32]


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