United States Patent and Trademark Office OG Notices: 03 October 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
8-30 EX 76593850 National Sales
and Supply, LLC
8-30 EX 76208111 Metropolitan
Trading Co.
8-31 EX 78371570 Wachovia
Corporation
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "MAJESTIC MULCH"
Affirmed [rubber mulch
as to both product, namely,
cited mulch made of
registrations recycled rubber
for use in
landscaping and
horticulture
applications]
2(d) Refusal "ZODIAC"
Affirmed [clothing,
as to all excluding t-shirts;
three cited namely, neckties,
registrations boas, braces;
collars; cuffs;
pants; trousers;
coats; suits;
overcoats; blazers;
jerseys; jackets;
shorts; bermudas;
sweaters; shawls;
headwear]
2(d) Refusal "CUSTOMCHOICE"
Affirmed [investment
brokerage services,
namely, fee-based
nondiscretionary
mutual fund
services for
customers with a
minimum account
size of $25,000]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
2 cited registrations, No
both owned by the
same entity:
"MAJESTIC EARTH"
[potting soil and
fertilizer for
domestic use; peat
moss] and
"MAJESTIC EARTH"
(and design)
[potting soil; peat
moss and seeded
flower and lawn rolls]
3 cited registrations: No
"ZODIAC"
(in stylized format)
[shoes];
"ZODIAC"
[footwear, namely,
shoes, boots, clogs,
sandals];
"ZODIAC"
(and design)
[footwear]
"CUSTOM CHOICE" No
[life insurance,
annuity, disability,
long term care,
supplemental health,
homeowner's and
auto insurance
underwriting services;
financial and retirement
planning services;
investment counseling
services; and automobile
warranty service
contract 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