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

3-2   		EX		75/245,378		Melt Your Heart,
							Inc.

3-2   		EX		75/092,220		Ball Corp.

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

whether the	Refusal 				"MELT YOUR HEART"
specimen of 	Affirmed				[decorative wooden
use shows a						outdoor adornments
"substantially						for snow 
exact							sculptures]
representation" 
of the mark 
shown in the 
drawing--i.e.,
whether the
specimens
demonstrate
trademark use 
of the mark 
sought to
be registered
[mutilation]
   
whether		Refusal 				product 
applicant's	Affirmed				configuration of
proposed	(on grounds of 				the top of a 
amendment to 	de jure					container for
the drawing of 	functionality).				liquids, 
its mark is	Proposed				consisting of a
acceptable; de 	amendment to 				larger circular 
jure		the drawing 				ridge and a
functionality;	found 					smaller more 
whether the	unacceptable.				elevated circular
configuration						ridge	
applicant seeks 					[metal tops for 
to register is						liquid containers]
inherently
distinctive

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

						No

						Yes

(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
