United States Patent and Trademark Office OG Notices: 05 September 2006

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

8-4             CANC            92041408                Home Pro Systems,
                                                        Inc. v. Personal
                                                        Home Pro of the
                                                        Quad Cities, LLC

8-4             OPP             91119899                Duramax Marine, LLC
                                                        v. R.W. Fernstrum &
                                                        Company

8-4             EX              78099133                Uromedica, Inc.


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

2(d)            Petition        "HOMEPRO                "PERSONAL
                to Cancel       SYSTEMS, INC."          HOME PRO"
                Granted         (and design)            (and design)
                                [books and              [home maintenance
                                report forms            and improvement
                                relating to             services]
                                house and building
                                inspection,
                                maintenance, and
                                repair; providing
                                house and building
                                inspection services
                                and subsequently
                                producing inspec-
                                tion reports based
                                thereon]

whether         Opposition                              a design mark
applicant's     Sustained                               consisting of a
mark is         on grounds                              two-dimensional
functional;     that                                    graphic
2(e)(1);        applicant's                             representation
whether, if     mark is                                 of the goods
descriptive,    merely                                  applicant
applicant's     descriptive                             manufactures
mark has        and without                             [manufacturing
acquired        acquired                                marine heat
distinctive-    distinctiveness                         exchangers to
ness;                                                   the order and
affirmative                                             specification
defense of                                              of others]
estoppel

2(d)            Refusal                                 "PROACT"
                Affirmed                                [adjustable,
                                                        surgically-
                                                        implantable
                                                        devices for the
                                                        treatment of
                                                        incontinency]


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

                                                No

                                                Yes

"PROACT"                                        No
[surgical
device for adhesion
control therapy
consisting of an
electronic controller
that monitors
treatment parameters
and an applicator that
contacts tissue to be
treated]


(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