United States Patent and Trademark Office OG Notices: 26 September 2006

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


8-23            EX              76481092                Red Magnet
                                                        Marketing, LLC


8-23            EX              76490897                CDG Holding
                                                        Company


8-23            OPP             91118587                Tea Board
                                                        of India v.
                                                        The Republic of
                                                        Tea, Inc.


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


2(d)            Refusal                                 "RED MAGNET
                Affirmed                                MARKETING"
                                                        [business marketing
                                                        and direct mail
                                                        consulting services
                                                        for financial
                                                        services]


2(d)            Refusal                                 "CEOS WALK THE
                Affirmed                                WALK"
                                                        [charitable
                                                        fundraising
                                                        through organizing
                                                        and conducting
                                                        group activities,
                                                        namely,
                                                        participation in
                                                        a group walk]


2(d);           Opposition      "DARJEELING"            "DARJEELING
counterclaim    Sustained;      (and design)            NOUVEAU"
to cancel       Counter-claim   [certification          [tea]
opposer's       to Cancel       mark that certifies
pleaded         Dismissed       that a blend of
registration                    tea contains at
on ground                       least 60% tea
that opposer                    originating in
does not                        the Darjeeling
control-or                      region of India
is unable to                    and that the
exercise                        blend meets other
control over-its                specifications
certification                   established by the
mark                            certifier]


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


"REDMAGNET"                                     No
[providing
multiple-user
access to a
global computer
information
network; web
site creation
and design,
maintenance and
implementation
for others,
graphic art
design]


"WALK THE WALK"                                 No
(and design)
[organization of
fundraising walks
and marathons; and
other services]


                                                Yes


(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