Patent and Trademark Office Notices

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January 1, 2008

US PATENT AND TRADEMARK OFFICE

1326 OG 1

OFFICIAL GAZETTE of the UNITED STATES PATENT AND TRADEMARK OFFICE

January 1, 2008

Volume 1326

Number 1

CONTENTS

Patent and Trademark Office Notices	Page
• Patent Cooperation Treaty (PCT) Information	1326 OG 2
• Notice of Maintenance Fees Payable	1326 OG 4
• Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee	1326 OG 5
• Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 12/03/2007	1326 OG 29
• Reissue Applications Filed	1326 OG 30
• Requests for Ex Parte Reexamination Filed	1326 OG 31
• Requests for Inter Partes Reexamination Filed	1326 OG 32
• Notice of Expiration of Trademark Registrations Due to Failure to Renew	1326 OG 33
• Service by Publication	1326 OG 41
• 37 CFR 1.47 Notice by Publication	1326 OG 43
• Registration to Practice	1326 OG 44
• Notice of Petition for Reinstatement	1326 OG 46
• Status of Public Records Division	1326 OG 47
• Reclassification Alert Report	1326 OG 49
• Errata	1326 OG 53
• Certificates of Correction	1326 OG 54
• Summary of Final Decisions Issued by the Trademark Trial and Appeal Board	1326 OG 56

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January 1, 2008

US PATENT AND TRADEMARK OFFICE

1326 OG 2

Patent Cooperation Treaty (PCT) Information

		  Patent Cooperation Treaty (PCT) Information

   For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1325 O.G. 4, on December 4, 2007.

European Patent Office as Searching and Examining Authority

   The European Patent Office (EPO) may act as the International Searching
Authority (ISA) for an international application filed with the	United
States Receiving Office or the International Bureau (IB) as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America. However, the EPO is no longer
a competent ISA, within the meaning of PCT Article 16(3), for
international applications filed by U.S. residents or nationals on or
after 01 March 2002 in the USPTO or IB as a Receiving Office, and where
the application contains one or more claims directed to the field of
business methods. For the definition of what the EPO considers to be
precluded subject matter in the field of business methods, applicants
should see the "Notice from the President of the European Patent
Office", dated 26 November 2001, and which was published as Annex A in
the "Notice Concerning EPO Competence to Act as PCT Authority" in
the Official Gazette at 1255 O.G. 878, on February 19, 2002.

   The European Patent Office may act as the International
Preliminary Examining Authority (IPEA) for an international application
filed in the United States Receiving Office or the International Bureau
as Receiving Office where at least one of the applicants is either a
national or resident of the United States of America, provided that the
European Patent Office acted as the International Searching Authority.
However, the EPO is no longer a competent IPEA, within the meaning of
PCT Article 32(3), for international applications filed by U.S.
residents or nationals in the USPTO or IB as a Receiving Office where
the corresponding demand is filed with the EPO on or after 01 March
2002, and where the application contains one or more claims directed to
the fields of business methods.

   The EPO resumed its competence as an International Searching
Authority and International Preliminary Examining Authority, effective
January 1, 2004, for international applications filed by nationals or
residents of the United States of America where the application
contains one or more claims relating to the field of biotechnology.
This change was announced in the Official Gazette at 1277 O.G. 230, on 
December 30, 2003.

   The EPO resumed its competence as an International Preliminary
Examining Authority, effective July 1, 2004, for demands filed by U.S.
residents or nationals on or after July 1, 2004, for international 
applications filed by nationals or residents of the United States of 
America where the application contains one or more claims relating to
the field of telecommunications. This change was announced in the
Official Gazette at 1277 O.G. 230, on December 30, 2003.

   The search fee of the European Patent Office was increased,
effective August 1, 2007, and was announced in the Official Gazette
at 1320 O.G. 116, on July 24, 2007.

Korean Intellectual Property Office as Searching and Examining Authority

   For use of the Korean Intellectual Property Office as an International 
Searching Authority and International Preliminary Examining Authority for 
international applications filed in the United States Receiving Office,
see the notice appearing in the Official Gazette at 1302 O.G. 1261 on 
January 17, 2006.

   The search fee of the Korean Intellectual Property Office was increased,

January 1, 2008

US PATENT AND TRADEMARK OFFICE

1326 OG 3

effective May 15, 2006, and was announced in the Official Gazette at 1306
O.G. 90, on May 16, 2006.

Fees

   The search fee for the USPTO was increased, effective November 9, 2007,
and was announced in the Federal Register on September 10, 2007.

   International filing fees were increased, effective January 1, 2008, 
and were announced in the Official Gazette at 1325 O.G. 4, on December 4, 
2007.

   The schedule of PCT fees (in U.S. dollars), as of January 1, 2008, 
is as follows:

International Application (PCT Chapter I) fees:

   Transmittal fee                                                  $300.00

   Search fee  

      U.S. Patent and Trademark Office (USPTO) as 
      International Searching Authority (ISA)  
         - Search fee 						  $1,800.00
         - Supplemental search fee, per additional 
            invention (payable only upon invitation)              $1,800.00

      European Patent Office as ISA                               $2,197.00

      Korean Intellectual Property Office as ISA		    $232.00

   International fees  
   
      International filing fee                                    $1,194.00
      International filing fee-filed in paper 
         with PCT EASY zip file or
         electronically without PCT EASY
         zip file  						  $1,109.00
      International filing fee-filed
         electronically with PCT EASY zip
         file							  $1,023.00
      Supplemental fee for each page over 30                         $13.00

   Restoration of Priority

      filing a request for the restoration of the 
      right of priority under § 1.452				  $1,370.00

   International Application (PCT Chapter II) fees associated
   with filing a Demand for Preliminary Examination:

      Handling fee                                                  $171.00

      Preliminary examination fee  
         USPTO as International Preliminary
         Examining Authority (IPEA) 
            - USPTO was ISA in PCT Chapter I                        $600.00
	    - USPTO was not ISA in PCT Chapter I                    $750.00
	    - Additional preliminary examination fee, 
              per additional invention  
              (payable only upon invitation) 			    $600.00

   U.S. National Stage fees (for international applications entering the
U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's
web site (www.uspto.gov).

November 7, 2007  	      	        	               JON W. DUDAS
		                            Under Secretary of Commerce for 
			          Intellectual Property and Director of the
			          United States Patent and Trademark Office

Date Issued	Type of Case(1)	Proceeding or Appn. No.	Party or Parties	Issue	TTAB Decision	Opposer's or Petitioner's Mark and Goods or Services	Applicant's or Respondent's Mark and Goods or Services	Mark and Goods Cited by Examining Attorney	Citable as Precedent of TTAB
11-26	EX	76630041	Health1 Insurance Services, Inc.	2(d)	Refusal Affirmed as to both cited registrations		"HEALTH1 ONE" (in stylized lettering) [health insurance brokerage services in the field of individual and group health insurance policies]	2 cited registrations, both owned by the same entity: "HEALTH ONE" [hospital and healthcare services] and "HEALTH ONE" (and design) [health care services]	No
11-27	EX	76583503	Fisi Fibre Sintetiche S.p.A.	2(d); 2(e)(1); 2(a)	Refusal Affirmed on all three grounds		"ECODOWN" [pillows; pillowforms]	"ECODOWN HYPO-ALLERGENIC" (and design) [down comforters]	No
11-28	EX	78543976	New York Native, LLC	2(d)	Refusal Affirmed		"NEW YORK NATIVE" (and design) [a variety of clothing items, including men’s golf shirts]	"NATIVE NEW YORKER RESTAURANT" (and design) [golf shirts]	No
11-29	EX	75782253	Good News Communications, Inc.	2(d); Section 6 disclaimer requirement (of the word FAMILY)	Refusal Affirmed on both grounds		"MEDIAWISE FAMILY" [educational services, namely, conducting conferences, seminars, workshops, lectures, and classes in which content of the news and entertainment media may be evaluated from a Biblical perspective]	"MEDIAWISE" [newsletter and printed educational materials relating to media literacy used to instruct teachers and families on the effects the mass media has on children’s values, attitudes, and behavior]	No
11-29	OPP	91162038	Cottage-Care, Inc. v. Damian J. Ranelli	2(d); 2(a) [falsely suggests a connection]; whether applicant used its mark in commerce	Opposition Sustained (but only on the ground of no use in commerce)	"COTTAGECARE" [residential cleaning services]	"COTTAGE CARE CONSTRUCTION" [construction services, namely, construction and repair of buildings, restoration of buildings in the nature of plumbing, roofing, framing, and wiring]		No
11-29	CANC	92042614	Jackson/ Charvel Manufacturing, Inc. v. Lloyd A. Prins	2(d); counterclaim for cancellation on ground of abandonment	Petition Granted		"SAN DIMAS GUITARS THE CALIFORNIA GUITAR COMPANY" [musical instruments, namely, electric guitars and electric basses]	"SAN DIMAS" [electric guitars]	No
11-29	EX (V)	79015005	Trumpf GmbH + Co. KG	2(d)	Decision of 10/23/07 Vacated		"Merkur" [operating tables and parts thereof and accessories therefor]	"MERCURY" [full line of medical equipment and supplies identified as a house mark]	No
11-30	EX (V)	79015006	Trumpf GmbH & Co. KG	2(d)	Decision of 11/15/07 Vacated		"JUPITER" [operating tables and parts thereof, namely, operating table pedestals and table tops supported thereon; operating table accessories, namely, pelvis supports, buttock supports, arm supports, etc.; transporters and lifts for transporting patients and table tops to and from operating columns, etc.]	"JUPITER SURGICAL SYSTEMS" (and design) [medical systems for minimally invasive surgery techniques, consisting of stainless steel docking needles, hollow cannula needles, biopsy probes, clearing probes, syringes and multi-use surgical tools, orthopedic fixation devices used in orthopedic transplant and/or implant surgery, medical cutting devices, surgical and medical instruments for use in general surgery and surgical instruments for use in vertebroplasty]	No
11-30	EX	76430222	Gibson Piano Ventures, Inc.	2(d)	Refusal Affirmed		"J. & C. FISCHER" [pianos]	"FISCHER & SONS" [piano]	No
11-30	EX	78634899	Chief Manufacturing Inc.	2(d)	Refusal Affirmed		"REACTION" [mechanical mounting systems, namely, mounting racks and stands for liquid crystal displays, plasma displays and cathode ray tubes]	"REACTION" [office furniture]	No
11-30	EX	78734308	Tomberlin Product Group, LLC	2(d)	Refusal Affirmed		"ANVIL" [land vehicles, namely, electric utility cars]	"ANVIL" (and design) [tires]	No
11-30	EX	76629397	No-Burn Investments, L.L.C.	whether applicant’s drawing of its mark is a substantially exact representation of the mark it uses in commerce, as shown on its specimens [mutilation]; whether applicant’s proposed amendment to its drawing represents a material alteration of the mark ]	Refusal Affirmed in both classes on all grounds		"SILENT FIREMAN" [in Class 2: various fire retardant and fire reactant goods; in Class 42: fire prevention inspection services]		No
11-30	EX	76608782	China Direct North America Co. Ltd.	2(e)(1)	Refusal Affirmed		"ARTISAN CREATIONS" [beverage glassware and wine racks]		No
11-30	OPP	91163556	Target Brands, Inc. v. Shaun N.G. Hughes	whether applicant’s mark is registrable under Section 2(f)	Opposition Sustained		"ULTIMATE POLO" [sun protective clothing for men, women and children, namely, shirts]		Yes
11-30	OPP OPP	91156097 91159628	Rug Doctor, L.P. v. Mohawk Brands, Inc.	2(d)	Opposition Sustained in both cases	"EVERFRESH" [rug and room deodorizer] and "EVERFRESH" [cleaning preparations for use on rugs, carpets, upholstery and all purpose cleaning]	"FOREVER FRESH" [carpet containing or treated with odor-freshening chemicals] and "MOHAWK FOREVER FRESH" [carpets]		No

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