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NEWMAN, Circuit Judge.
Sharp Kabushiki Kaisha, also trading as Sharp Corporation, ("Sharp") appeals the decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board, dismissing Sharp's opposition to the registration by ThinkSharp, Inc. ("ThinkSharp") of the mark THINKSHARP. We affirm the Board's decision.
CLEVENGER, Senior Circuit Judge.
Appellants Bourdeau Bros., Inc. (Bourdeau), Sunova Implement Co. (Sunova), and OK Enterprises (OK), (collectively, appellants) appeal the decision of the United States International Trade Commission (ITC) affirming the Initial Determination and Recommended Remedy Determination (Initial Determination) of Administrative Law Judge Luckern (ALJ) that the importation of certain Deere European version forage harvesters infringed one or more of Deere's federally registered trademarks, Certain Agric. Vehicles & Components Thereof, Inv. No. 337-TA-487 (Jan. 13, 2004) (Initial Determination), and granting a general exclusion order covering those forage harvesters as well as cease and desist orders against Bourdeau, OK, and other respondents, Certain Agric. Vehicles & Components Thereof, Inv. No. 337-TA-487 (Int'l Trade Comm'n Sept. 24, 2004) (ITC Remedy Determination). We vacate and remand.
Mayer/Berkshire Corp. appeals the decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board, dismissing its opposition to the registration by Berkshire Fashions, Inc. of the mark BERKSHIRE for various categories of clothing. The Board held that the opposition is barred by res judicata and collateral estoppel arising from prior district court infringement litigation. We conclude that the Board erred in its application of these doctrines. The dismissal is vacated and the case is remanded to the PTO for further proceedings.
