United States Patent and Trademark Office OG Notices: 26 October 2004

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

9-23            EX              75781056                Orphan Medical,
                                                        Inc.

9-23            EX              78012153                Borysiewicz

9-23            EX              76402644                RelaxStation Ltd.

9-24            OPP             91153146                Saravana Bhavan
                                                        USA, Inc. v.
                                                        Madras Sarvana
                                                        Bhavan, Inc.


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

2(e)(1);        Refusal                                 "ORPHAN MEDICAL"
whether         Affirmed                                [housemark for
applicant's     on both                                 pharmaceutical
mark has        grounds                                 preparations
acquired                                                for prevention,
distinctive-                                            treatment, and
ness under                                              aiding in the
Section 2(f)                                            treatment of
                                                        human and animal
                                                        conditions,
                                                        illnesses and
                                                        diseases]

2(d)            Refusal                                 "CIELO"
                Reversed                                [cigars]

2(d)            Refusal                                 "RELAX STATION"
                Affirmed                                (and design)
                                                        [massage therapy
                                                        to ease sore and
                                                        aching bodily
                                                        joints, muscles,
                                                        and feet, through
                                                        natural non-medical
                                                        relaxation
                                                        procedures]

2(d); 2(a)      Opposition      "SARAVANA               "MADRAS
[false          Dismissed       BHAVAN"                 SARAVANA BHAVAN"
suggestion                      [restaurant             [restaurant
of a                            services]               services]
connection];
dilution


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

                                                No

"HEAVEN"                                        No
[cigars]

"RELAXATION STATION"                            No
[body, head and neck
massage services]

                                                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