United States Patent and Trademark Office OG Notices: 26 June 2007
Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 5-23 EX 78485048 Banana Republic (Apparel), LLC 5-23 EX 76572242 Visage, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether the Refusal a tortoise shell matter Affirmed design covering asserted for in all three the entire face registration classes on of a credit card functions as a the grounds [in Class 9: mark for the that the magnetic encoded goods and matter cards and services in asserted for cards containing Classes 9, 35, registration an integrated and 36; fails to circuit chip, whether the function as namely, smart Class 35 a mark; but cards containing specimens refusal to programming used show service accept the to purchase mark use of Class 35 merchandise and applicant's specimens services; mark for its reversed in Class 35: recited administration services of loyalty card incentive program to promote retail store services featuring apparel and fashion accessories; in Class 36: credit card services] 2(d) Refusal "MONTRES DE Affirmed FLEUR" [horological instruments, namely, wrist watches, table clocks, wall clocks, car clocks, wallet clocks, and other watches and clocks] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No "FLEUR" No [watches and jewelry] (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