United States Patent and Trademark Office OG Notices: 19 December 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
11-14 OPP 91150887 The Black Dog
OPP 91151592 Tavern Company,
Inc. v. Elizabeth
A. Frechette
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition a registered design design
Sustained mark incorporating a incorporating a
in both graphic representation graphic
oppositions of a standing black dog representation of
and as to (in near-silhouette) a dog in silhouette
all classes [a wide variety of [in Class 16: paper
goods in a number of articles, namely,
classes and including photographs,
the following: in Class calendars, and
16: playing cards, ball stationery; in
point pens, stamp pad Class 21: beverage
sets, pencil cases, glassware; in Class
bookmarks, and 25: t-shirts,
bookends; in Class 21: sweatshirts,
beverage glassware and jackets, pants and
other goods; in Class hats] and design
25: hats, t-shirts, incorporating a
sweatshirts and graphic
shorts] and [common law representation of a
use of the registered dog in silhouette
standing black dog [in Class 35:
design mark in retail store
connection with featuring gift
calendars, posters, items]
retail general store
services, etc.]
and the registered mark
"THE BLACK DOG"
[a wide variety of
goods and services, in
a number of classes
and including the
following: catalogues
published periodically
featuring clothing,
food, jewelry,
toys and gift items]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
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