SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD March 26-30, 2001 (continued)
Type of Case(1)
Proceeding or Appn. No. 75/731,013
Party or Parties
Zero Surge Inc.
Simms* Wendel Bucher Hanak Chapman Holtzman*
Ticket America, Inc.
S. Smith &
Son Pty Ltd.
2(e)(1); requirement for information under Rule 2.61(b)
Refusal Affirmed (on both grounds)
genericness; 2(e)(1); whether applicant’s mark has become distinctive of its services under Section 2(f)
Refusal Affirmed (on all grounds)
Opposer's or Petitioner's Mark and Goods or Services
Applicant's or Respondent's Mark and Goods or Services “ZERO SURGE” [electrical circuit protection apparatus, namely, surge suppressors] “TICKETAMERICA” [printed tickets; entertainment ticket agencies; arranging for ticket reservations for shows and other entertainment events] “PREFERRED CAPITAL CORPORATION” (in a design format) [financial services specializing in the lease purchase financing of office equipment]
Mark and Goods Cited by Examining Attorney
“AMERICA’S TICKET” [ticket reservation services for entertainment events]
“NAUTILUS” (in stylized lettering) [non- carbonated vitamin and mineral isotonic soft drinks; carbonated soft drinks; mineral waters]
“ITJOBS” [providing online via a global computer network resumes and job placement information in the information technology field]
(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to Dismiss; (MR)=Motion to Reopen; (R)=Request for Reconsideration (2) *=Opinion Writer; (D)=Dissenting Panel Member
Citable as Precedent of TTAB No