United States Patent and Trademark Office OG Notices: 14 June 2005
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
5-12 EX 76238774 Roy G. Geronemus,
M.D., P.C.
5-12 EX 76532863 Treana Winery LLC
5-12 OPP 91123244 Cortex Biochem,
CANC 92040577 Inc. v. Roche
Diagnostics GmbH;
Cortex Biochem,
Inc. v. Roche
Diagnostics
Corporation;
OPP 91159203 Roche Diagnostics
GmbH and Roche
Diagnostics
Corporation v.
Cortex Biochem
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
genericness Refusal "LASER TONING"
[2(e)(1); Affirmed [medical services,
whether, even namely, skin
if merely rejuvenation]
descriptive,
applicant's
mark is capable
of registration
on the
Supplemental
Register]
2(d) Refusal "WESTSIDE RED"
Affirmed [wine]
2(d); Opposition a family of marks with "MAGNA PURE"
whether opposer Dismissed the prefix "MAGA," [in Class 5: in
Cortex has a in all classes; including vitro diagnostic
family marks; Petition to "MAGAPHASE," agents for medical
affirmative Cancel Denied "MAGACELL," use; biochemicals,
defense "MAGACROLEIN," namely, chemical
alleging that "MAGACHARC," reagents for the
the term MAGA "MAGACELL-X," purification of
is merely "MAGABEADS," nucleic acids for
descriptive "MAGNETITE," and medical use; in
"MAGAROSE" Class 9: apparatus
[all for various types for the
of particles used for purification of
immuno separation, nucleic acids for
cell separation, and scientific use;
DNA/RNA separation, accessories,
the particles also namely, tops of
being coupled with a pipettes and test
variety of reagents tubes; apparatus
for purification for the pre-
and/or extraction and analytical
isolation processes] processing for
scientific use; in
Class 10: same
description of
goods as in Class
9, above, except
for "medical"
rather than
"scientific" use]
"MAGNA PURE"
[biochemicals,
namely, chemical
reagents for the
purification of
nucleic acid for
scientific or
research use]
2(d) Opposition "MAGNA PURE" "MAGAPURE"
Sustained [see top of next [in Class 1:
in both column for goods] chemical reagents
classes for scientific or
research use in the
isolation,
purification, and
extraction of
biochemicals; in
Class 5: diagnostic
reagents for
clinical or medical
laboratory use for
the isolation,
purification, and
extraction of
biochemicals]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"WESTSIDE BLUE" No
[wine]
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