United States Patent and Trademark Office OG Notices: 13 Nov 2007

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

10-11           EX              78619121                TouchStar Software
                                                        Corporation

10-12           EX              76657021                James Stanfield and
                                                        Associates


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

2(e)(1)         Refusal                                 "DIAL-ON-DEMAND"
                Affirmed                                [providing
                                                        temporary use of
                                                        non-downloadable
                                                        software for use in
                                                        predictive dialing,
                                                        automatic call
                                                        distribution, and
                                                        IVR that enables a
                                                        user to deliver
                                                        voice and/or data
                                                        communications via
                                                        telephone and data
                                                        transmission]

2(e)(1)         Refusal                                 "DIETGEAR"
                Reversed                                [electronic machine
                                                        that helps control
                                                        eating by
                                                        indicating when a
                                                        person should and
                                                        should not eat]


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

                                                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