United States Patent and Trademark Office OG Notices: 17 August 2004
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
July 12-16, 2004
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
7-12 OPP 91150456 Brainworks, Inc.
v. Brainworks LLC
7-13 EX 76155361 Casino Data
Systems
7-13 EX 76339812 BioArray
Solutions, Ltd.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "BRAINWORKS" "BRAINWORKS"
Sustained [a variety [therapy and
of goods and rehabilitation
services, includ- services, namely,
ing educational biofeedback and
testing and con- neurofeedback
sulting services] services]
2(e)(1) Refusal "DOUBLE
Affirmed ACEY DEUCEY"
[gaming machines
and computer
software therefor]
2(e)(1); Refusal "ARRAY CYTOMETRY"
whether Affirmed [in Class 1:
applicant's under preparations for
recitation of 2(e)(1) as scientific and
services in to both research use,
Class 35 is classes, namely, biological
sufficiently and or biotechnical
definite requirement arrays and
for a more assemblies of
definite constituents of
recitation biological cells,
of services methods, tests,
in Class 35 and kits
affirmed comprising the
foregoing; and
other goods in
Class 35:
distribution of
services in the
field of
biological and
biotechnical
arrays and
assemblies of
constituents of
biological cells,
methods, tests,
kits or apparatus
therefor; etc.]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
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