Citicorpv.Morley Companies, Inc.

Trademark Trial and Appeal Board

Nov 29, 2004

No. 91113921re (T.T.A.B. Nov. 29, 2004)

Mailed: November 29, 2004
GDH/gdh
UNITED STATES PATENT AND TRADEMARK OFFICE
________
Trademark Trial and Appeal Board
________
Citicorp
v.
Morley Companies, Inc.
_____
Opposition No. 91113921 to application Serial No. 75428318
filed on February 3, 1998
_____
Request for Reconsideration
_____
Steven M. Weinberg and Susan Daly Stearns of Greenberg Traurig,
LLP for Citicorp.
Richard W. Hoffmann of Warn Hoffmann Miller & LaLone PC for
Morley Companies, Inc.
______
Before Simms, Hohein and Chapman, Administrative Trademark
Judges.
Opinion by Hohein, Administrative Trademark Judge:
The Board, on April 8, 2004, issued a decision
sustaining the opposition by Citicorp to the application by
Morley Companies, Inc. for registration of the mark "CHOICES
UNLIMITED" for "debit card services," based upon a finding of a
likelihood of confusion with opposer's previously used and
registered mark "CHOICE" for "credit card services." Applicant,
as permitted by an approved request for an extension of time, has
THIS DISPOSITION IS NOT
CITABLE AS PRECEDENT
OF THE TTAB
Opposition No. 91114039
2
filed a motion on July 19, 2004 for reconsideration of the
Board's decision, and opposer has timely filed a brief in
opposition thereto on August 9, 2004.
Upon consideration of applicant's arguments, we agree
with opposer that such contentions are in essence merely a rehash
of arguments previously asserted in applicant's trial brief and
which were fully and correctly dealt with in the Board's April 8,
2004 decision. Accordingly, because applicant has demonstrated
no error in such decision, the motion for reconsideration is
denied. See TBMP §543 (2d ed. rev. 2004).