United States Patent and Trademark Office OG Notices: 10 October 2006

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

                              September 4-8, 2006



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

9-5             EX              78201506                Lehman Brothers
                                                        Inc.

9-5             EX              78238015                Garmin Ltd.


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

whether         Refusal                                 "SPIES"
applicant       Reversed                                [investment
renders         on both                                 services, namely,
services        grounds                                 providing an equity
under the                                               based investment
mark it                                                 security that sets
seeks to                                                floor prices and
register;                                               appreciation caps
whether                                                 on the underlying
applicant's                                             equity]
recitation
of services
is acceptable

2(d)            Refusal                                 "ION"
                Affirmed                                [GPS receivers,
                as to                                   namely, GPS
                both cited                              navigation receiv-
                registrations                           ers for determining
                                                        position and speed]


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

                                                No

2 cited registrations,                          No
both owned by the same
entity:
"IONIC SOFTWARE" and
"IONIC SOFTWARE"
(and design)
[both marks for: computer
software in the nature
of interoperable components
[or interoperable java
components] for the access
and exchange of geospatial
and location-based
information, in the field
of web mapping, location
based operations, and geo-
enabling distributed
applications]


(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