United States Patent and Trademark Office OG Notices: 02 October 2007
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
8-29 EX 76652382 Shamrock
Beverage Co.
8-29 EX 78322941 OMNOVA
Solutions Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "SHAMROCK
Affirmed BEVERAGE CO."
as to all (and design)
four cited [concentrates
registrations for non-alcoholic
frozen fruit
beverages, fruit
drinks and fruit
juices]
2(e)(1) Refusal "THE FLEXIBLE
Affirmed WHITEBOARD"
(in stylized
format)
[wall coverings]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
4 cited registrations, No
all owned by the same
entity:
"SHAMROCK"
(and design)
[fresh citrus fruits]
and 3 registrations for
"SHAMROCK FOODS COMPANY"
(and design)
[fresh fruits and fresh
vegetables], [fruit juices
and fruit-flavored drinks],
and [canned and frozen
vegetables; dietary
(low sodium) canned
vegetables; canned, frozen
and dehydrated fruit; jams,
jellies, preserves; peanut
butter; pickles; processed
peppers; olives; eggs]
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