United States Patent and Trademark Office OG Notices: 04 January 2005

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

12-2            EX              78163512                Fischbein Inglett
                                                        Co.

12-2            EX              76429068                Lincoln Global,
                                                        Inc.

12-2            EX              78173032                Premera Blue Cross


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

2(e)(1)         Refusal                                 "EZ WEIGH"
                Affirmed                                [net-weigh scales
                                                        for weighing bags
                                                        of dry products]

whether         Refusal                                 "ARCWELD"
applicant's     Affirmed                                [in Class 1:
mark has        in all three                            welding
acquired        classes for                             consumables,
distinctiveness lack of                                 namely, welding
under Sec.      evidence                                fluxes; in Class 6:
2(f); whether   of 2(f)                                 welding
applicant has   distinctiveness;                        consumables,
complied with   refusal based                           namely, welding
the request for on failure to                           wire and welding
information     comply with                             rods; in Class 9:
under Rule      Rule 2.61(b)                            electric arc
2.61(b)         reversed                                welders, wire
                                                        feeders, and
                                                        welding electrodes]

2(d)            Refusal                                 "MYPHARMACYPLUS"
                Affirmed                                [online
                                                        prescription
                                                        renewal services
                                                        for members;
                                                        maintaining
                                                        personal
                                                        prescription drug
                                                        history and
                                                        pharmacy benefit
                                                        plan information,
                                                        files, and
                                                        databases online
                                                        for members; and
                                                        providing online
                                                        health and health
                                                        plan information
                                                        to members]


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

                                                No

                                                No

"MY PHARMACY"                                   No
[retail pharmacy services
featuring pharmaceuticals,
health care products, and
home medical equipment]


(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