United States Patent and Trademark Office OG Notices: 18 July 2006

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                               June 12-16, 2006



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

6-13            EX              76354586                Merck KgaA


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

2(d)            Refusal                                 "EMD LEXIGEN"
                Affirmed                                [in Class 5:
                as to both                              pharmaceutical and
                classes on                              biopharmaceutical
                the basis                               products for the
                of both                                 treatment of
                cited                                   cancer, MDS,
                registrations                           genetic disorders
                                                        and immunological
                                                        disorders; novel
                                                        protein drugs for
                                                        use in the area
                                                        of oncology, immune
                                                        therapies and for
                                                        the treatment
                                                        of metabolic
                                                        disorders;
                                                        in Class 42:
                                                        scientific research
                                                        and development
                                                        in the area of
                                                        pharmacy, medicine,
                                                        biology, and
                                                        genetics, develop-
                                                        ing treatments for
                                                        serious and life-
                                                        threatening
                                                        diseases as well as
                                                        broad technology
                                                        platforms that will
                                                        lead to new
                                                        therapies]


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

2 cited registrations,                          No
both owned by the
same entity:
"LEXGEN.COM"
[providing an online
computer database in
the field of genetic
research]
and "LEXGEN"
[providing access to
a genomic database
consisting of
molecular biology and
genetic research
information via a
global computer
network; computer
services in the nature
of providing online
publications, namely,
scientific journals and
newsletters in the
field of molecular
biology and genetic
research; providing
online molecular
biology and genetic
research information
and resources to
others via a global
computer network;
collaborative research
and development
services in the field of
molecular biology and
genetics]


(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