United States Patent and Trademark Office OG Notices: 30 July 2002

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

6-21            CU              1,169                   Nutrition
                (SJ)                                    Care Systems,
                                                        Inc. v. NCS
                                                        HealthCare, Inc.


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

whether         Concurrent      "NCS"                   "NCS" and "NCS
concurrent      Use             [dietary consult-       HEALTHCARE"
use applicant   Proceeding      ing services,           (in stylized form)
is entitled     Dissolved       namely, nutrition       [both marks for
to concurrent   (Concurrent     management              health care
use registra-   Use Registra-   services, food          services, namely,
tion for its    tion Denied)    management con-         pharmacy consult-
claimed         [Registrant's   sulting, and menu       ing in the field
territory       motion for      services for            of health care
                summary judg-   health care facil-      plans; nutritional
                ment granted]   ities]-concurrent       services, namely,
                                use application         operating diet
                                for registration        kitchens for
                                of the mark for         nursing facilities
                                the geographic          and health care
                                area consisting of      facilities;
                                the states of           rehabilitation
                                Illinois,               services; infusion
                                Wisconsin, Iowa,        therapy services;
                                and Missouri            medical home care
                                                        services; pharmacy
                                                        psychiatric con-
                                                        sulting services;
                                                        consulting
                                                        services directed
                                                        to Medicare part B
                                                        patient and health
                                                        care services;
                                                        environmental con-
                                                        sulting services;
                                                        and consulting in
                                                        the field of
                                                        building and
                                                        physical plant
                                                        security measures]


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

                                                No


(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