United States Patent and Trademark Office OG Notices: 15 August 2006

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

7-14            EX              76207867                Orphan
                                                        Pharmaceuticals,
                                                        U.S.A., Inc.

7-14            EX              78483075                Mook Kim


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

2(d)            Refusal                                 "ORPHAN"
                Reversed                                (and design)
                as to both                              [in Class 5:
                classes                                 pharmaceuticals
                                                        for the treatment
                                                        of rare diseases,
                                                        namely in the field
                                                        of cardiology,
                                                        diseases affecting
                                                        immunocompromised
                                                        patients, genetic
                                                        disorders, haema-
                                                        tology, infectious
                                                        diseases, metabolic
                                                        disorders,
                                                        oncology, pallia-
                                                        tive care, poison
                                                        control, respira-
                                                        tory diseases,
                                                        urology and
                                                        psychiatric
                                                        diseases;
                                                        in Class 42:
                                                        product research
                                                        and development
                                                        of prescription
                                                        and over-the-
                                                        counter drugs]

whether         Refusal                                 design mark
applicant's     Reversed                                [instruction
specimens                                               and training
show                                                    in the martial
trademark                                               arts including
use of the                                              the instruction
mark it                                                 of Tae Kwon Do
seeks to                                                and instruction
register                                                in the tournament
[mutilation]                                            rules and pro-
                                                        cedures for, and
                                                        conduct of, the
                                                        sport of
                                                        Tae Kwon Do]


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

2 cited registrations,                          No
both owned by the
same entity:
"ORPHAN  MEDICAL"
[mail order services
for distribution of
prescription drugs,
medical products and
authoritative
educational materials
to individuals with
chronic health
conditions; mail order
services for the
distribution of
authoritative
educational materials
to health professionals]
and "ORPHAN MEDICAL"
(and design)
[research and development
of prescription and over
the counter drugs for
others]

                                                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