United States Patent and Trademark Office OG Notices: 05 February 2002

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

                             December 24-28, 2001



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

12-28           EX              75/726,335              The Kay Medical
                                                        Group for Cardiac,
                                                        Vascular &
                                                        Pulmonary Surgery

12-28           EX              75/618,557              Diffee Ford
                                                        Lincoln Mercury,
                                                        Inc.


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

whether the     Refusal                                 "THE ART AND
drawing of      Affirmed                                SCIENCE OF HEART
applicant's                                             CARE"
mark is a                                               (and design)
substantially                                           [health care
exact                                                   services, namely,
representa-                                             diagnosis and
tion of the                                             treatment of
mark shown                                              diseases of the
in its                                                  heart and vascular
specimens of                                            system and the
use                                                     pulmonary system,
                                                        cardiovascular and
                                                        thoracic surgery,
                                                        and pulmonary
                                                        surgery]

2(d)            Refusal                                 "LAND OF LINCOLNS"
                Affirmed                                [automobile deal-
                                                        erships featuring
                                                        used and new
                                                        automobiles]


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

                                                No

"LINCOLN" and                                   No
"LINCOLN"
(in stylized lettering)
[both marks for motorcars]


(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