United States Patent and Trademark Office OG Notices: 01 April 2003

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

2-25            EX              76/166,184              Brainy-brawn.com,
                                                        Inc.

2-25            OPP             107,763                 North American
                                                        Bear Co., Inc. v.
                                                        The Vermont Teddy
                                                        Bear Co., Inc.


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

2(d);           Refusal                                 "HEALTHLYNX"
whether         Affirmed                                [arranging and
applicant's     but only                                providing health
identification  on basis of                             care services,
of its          2(d), as to                             namely, dental
services is     all three                               services, vision
sufficiently    cited                                   services, chiro-
definite;       registrations,                          practic, acupunc-
whether         and on the                              ture, massage
applicant's     basis of the                            therapy, hearing
specimens       indefinite-                             services and non-
evidence use    ness of                                 medical elderly
of its mark     applicant's                             home care]
in connection   identifica-
with its        tion of
recited         services
services;
whether
applicant
properly
complied
with the
request for
information
under
Trademark
Rule 2.61(b)

2(d)            Opposition      "NORTH AMERICAN         "THE GREAT
                Sustained       BEAR CO. INC." and      AMERICAN TEDDY
                                "NORTH AMERICAN         BEAR"
                                BEAR CO. INC."          [stuffed toy
                                (and design)            animals and
                                [stuffed toys]          message delivery
                                                        services accom-
                                                        panied by stuffed
                                                        toy animals]


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

3 cited registrations,                          No
the first two owned by
a single entity and
issued as concurrent
use registrations
naming the owner of
the third cited
registration, below,
as excepted user:
"HEALTH LINK"
and "HEALTH LINK"
(in stylized
lettering)
[both marks
registered for
managed health care
services, namely, for
health maintenance
organizations and
preferred provider
organizations] and
"HEALTHLINK"
(and design)
[health
care in the nature of a
preferred provider
organization (PPO),
and an health
maintenance
organization (HMO)]

                                                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