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January 15, 2008

US PATENT AND TRADEMARK OFFICE

1326 OG 114

OFFICIAL GAZETTE of the UNITED STATES PATENT AND TRADEMARK OFFICE

January 15, 2008

Volume 1326

Number 3

CONTENTS

Patent and Trademark Office Notices	Page
• Patent Cooperation Treaty (PCT) Information	1326 OG 115
• Notice of Maintenance Fees Payable	1326 OG 117
• Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee	1326 OG 118
• Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 12/17/2007	1326 OG 142
• Reissue Applications Filed	1326 OG 143
• Requests for Ex Parte Reexamination Filed	1326 OG 144
• Requests for Inter Partes Reexamination Filed	1326 OG 145
• Notice of Expiration of Trademark Registrations Due to Failure to Renew	1326 OG 146
• Service by Publication	1326 OG 155
• Registration to Practice	1326 OG 156
• Reinstatement to Register	1326 OG 158
• Notice of Exclusion	1326 OG 159
• Adverse Decisions in Interference	1326 OG 160
• Errata	1326 OG 162
• Certificates of Correction	1326 OG 163
• Summary of Final Decisions Issued by the Trademark Trial and Appeal Board	1326 OG 166

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January 15, 2008

US PATENT AND TRADEMARK OFFICE

1326 OG 115

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 15, 2008

US PATENT AND TRADEMARK OFFICE

1326 OG 116

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
12-11	EX EX	78711049 78711089	Michael Weber	2(d)	Refusal Affirmed in both cases		2 applications for the mark "HOT-MAPS" [printed matter, namely, atlases, city guides, and travel guides] and [computer services, namely, providing access to maps, city guides and travel guides on the Internet and other communication media]	"HOTMAPS" [computer software containing electronic chart data used in conjunction with computerized navigational devices]	No
12-11	OPP CANC	91164265 92045075	Lloyd Lifestyle Limited et al. v. Soaring Helmet Corp.	whether opposer, rather than applicant, is the owner of the marks claimed by applicant in its application and registration	Opposition Sustained; Petition to Cancel Granted		"NITRO" and "NITRO RACING" [both marks for: motorcycle helmets and protective clothing]		No
12-11	EX	76600305	Don Granatstein	2(e)(1)	Refusal Affirmed		"ALTERNATIVE LIFESTYLE EXCHANGE" [travel and vacation services, namely, making reservations and booking for temporary lodging]		No
12-11	CANC	92043162	Team Air Express, Inc. v. Alliance Shippers, Inc.	2(d)	Petition to Cancel Granted	"TEAM" [air freight services; freight transportation by air, ground and water] and a family of marks incorporating the word "TEAM" [freight transportation services]	"TEAM ALLIANCE" [transportation of freight by air, land, ship and rail]		No
12-12	EX	78655889	Capital Brewery Company, Inc.	2(d)	Refusal Affirmed		"ISLAND WHEAT" [beer]	"ISLAND BREWING COMPANY" (and design) [beer]	No
12-12	EX EX	76280389 76280390	Steelbuilding.com, Inc.	whether the term STEELBUILDING.COM in applicant’s two marks has become distinctive under Section 2(f) or, instead, must be disclaimed under Section 6	Refusal Reversed		"STEELBUILDING.COM" (and design) and "STEELBUILDING.COM THE FUTURE OF METAL BUILDINGS" [both marks for: computerized on-line retail services in the field of pre-engineered steel buildings and roofing systems]		No
12-12	EX	78710805	Spirits of New Merced, LLC	2(e)(2)	Refusal Affirmed		"YOSEMITE BEER" [alcoholic beer]		Yes
12-12	OPP	91164064	Inspiration Software, Inc. v. Diana Correales	2(d)	Opposition Dismissed	"INSPIRATION" [computer programs in the field of idea development through visual diagramming, outlining and text creation; computer education training]	"PARENTS INSPIRATION INSTITUTE" [educational services, namely, providing classes, seminars, workshops, training and lectures in the field of parenting and effective parenting skills]		No
12-13	EX	78462025	Mid-America Group, Ltd.	2(d)	Refusal Affirmed		"MID-AMERICA GROUP" (and design) [real estate development services]	"MA MID-AMERICA" (and design) [real estate brokerage and management services]	No
12-13	CANC	92043745	Small Business Network, Inc. v. American Express Company	2(d)	Petition to Cancel Dismissed	"SMALL BUSINESS NETWORK" [membership club services, namely, providing members with discounts, incentives, and special promotional offers]	"OPEN: THE SMALL BUSINESS NETWORK" [administration of a discount program for enabling participants to obtain discounts on goods and services, arranging of subscriptions for the publications of others, direct mail consultation services, providing information about the goods and services of others via the global computer network, providing online directory services also featuring hyperlinks to other websites]		No
12-13	OPP	91158655	Omega S.A. v. Edward Platts	2(d)	Opposition Sustained	"BROAD ARROW" [watches, chronographs and other goods and services]	"BROADARROW" [clocks and watches with electrical, electronic or mechanical operation]		No
12-14	OPP	91168584	Q4X, LLC v. Desert Hills, LLC	2(d)	Opposition Sustained	"FOUR VINES" [wine]	"FIVE VINES" [wine]		No
12-14	OPP	91160673	The Chamberlain Group, Inc.	2(d)	Opposition Sustained	"LIFT-MASTER" [residential electrical garage door controllers; and other goods]	"LYNX MASTER" [electric door openers; electric garage door openers; and remote controls for garage doors]		No
12-14	OPP (R)	91164687	Crazy Pet, LLC v. Pet Crazy, Inc.	2(d)	Request for Reconsideration Denied (Opposition Sustained)	"CRAZY PET" [shampoos, conditioners, and grooming sprays for pets; pet stain and odor removers, pet dental products, pet treats, pet toys, pet leashes, pet grooming kits, pet hair dryers; novelty clocks and picture frames; CDs, DVDs, video tapes featuring cartoon characters, and animated motion picture films featuring cartoon characters; advertising slogan and cartoon character licensing; product merchandising]	"PET CRAZY" (and design) [pet sitting services]		No
12-14	EX	78622540	mnmco llc	2(d)	Refusal Affirmed as to services in Class 43; Refusal Reversed as to services in Class 35		"LETTÜS" [in Class 35: retail grocery stores; in Class 43: restaurant services]	"LETTUCE" [restaurant services]	No
12-14	OPP	91169355	The B.V.D. Licensing Corporation v. Right Ascension, Inc.	2(d)	Opposition Sustained	"B.V.D." and "BVD" and other marks incorporating the letters "BVD" [all marks for: underwear]	"DVD EMPIRE" [shirts]		No

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