United States Patent and Trademark Office OG Notices: 20 December 2005
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
11-18 EX 76250116 CNS, Inc.
EX 76250194
EX 76250611
EX 76250613
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1); Refusal each of the four
whether Affirmed marks consists of
the matter in all four a pictorial
applicant cases on representation of
seeks to all grounds a geometrical
register asserted figure that cor-
functions responds to the
as trademarks general shape of
for its goods; the product to
whether the which it is applied
asserted marks ['116 application:
are registrable medical device in
under Section the nature of a
2(f); whether, drug-free nasal
as to the '611 strip for use as
application, an external nasal
applicant dilator;
failed to '194 application:
submit a transdermal nasal
specimen that strip for use in
shows use of the delivery of
its mark on pharmaceuticals
its recited to relieve nasal
goods congestion;
'611 application:
transdermal nasal
strip for use in
the delivery of
pharmaceuticals
to relieve nasal
congestion;
'613 application:
external nasal
dilator]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
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