Date		Type of		Proceeding			
Issued		Case (1)	or App'n No. 		Party/Parties

9-18            EX              74/679,615              James V. Young   

9-18            EX              74/715,228              Transterra Co.   

				Opposer's/		Applicant's/
				Petitioner's		Respondent's
		TTAB		Mark and		Mark and
Issue		Decision	Goods/Services		Goods/Services

de jure		Refusal					"configuration of 
function-	Affirmed				a hand-held 
ality;		(on all 				massager with a
whether the 	grounds)  				generally circular
matter appli-						head and a handle 
cant seeks to						possessing a
register as a						keyhole grip, the 
trademark has						top and bottom of 
become dis-						which grip dupli-
tinctive of 						cate the waveform 
its goods;						of the handle 
whether ap-						shaft" [hand-held 
plicant's de-						massage apparatus]
scription of 
its mark is
sufficiently 
clear and 
accurate for
registration
purposes   

2(d)   		Refusal					"UPSIDE"
		Affirmed				[electronic 
          						brokerage 
							services, namely,
							providing computer
							instructional 
							services for the 
							elctronic proces-
							sing of stock 
							brokerage trans-
							actions via a 
							global computer 
							information 
							network]   

Mark and					Citable as
Goods Cited by			                Precedent
Examining Atty.					of TTAB

						No

"UPSIDE CD"					No
(in stylized lettering)
[banking and financial
services in the nature of
issuing certificates of
deposit]   

(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT 
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION 
