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