United States Patent and Trademark Office OG Notices: 10 June 2003
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
5-7 EX 76/214,473 Scientific
EX 76/214,474 Holdings, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "VWR BIOMARKE THE
Affirmed MARKET SOURCE FOR
in both LIFE SCIENCE"
cases (and design) and
"VWR BIOMARKE"
[both marks for
publications,
namely, a magazine
in the field of
life sciences for
use by profession-
als and on-line
store and catalog
sale services, all
featuring products
for use in life
science laborator-
ies]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
3 cited registrations, No
all owned by the same entity:
"BIOMARK CONSULTING FOR
LIFE SCIENCES," "BIOMARK"
(and design), and "BIOMARK"
[all three marks registered
for consulting services
in the field of life sciences,
namely, developing strategic
plans, strategic product
development and marketing for
small life science businesses,
such as livestock breeders and
manufacturers of animal foods;
Note:
the registration for "BIOMARK"
(and design), above, was not
cited as a bar to registration
of applicant's word-and-design
mark.]
(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