Patent and Trademark Office Notices

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January 22, 2008

US PATENT AND TRADEMARK OFFICE

1326 OG 167

OFFICIAL GAZETTE of the UNITED STATES PATENT AND TRADEMARK OFFICE

January 22, 2008

Volume 1326

Number 4

CONTENTS

Patent and Trademark Office Notices	Page
• Patent Cooperation Treaty (PCT) Information	1326 OG 168
• Notice of Maintenance Fees Payable	1326 OG 170
• Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee	1326 OG 171
• Erratum	1326 OG 195
• Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 12/24/2007	1326 OG 196
• Reissue Applications Filed	1326 OG 197
• Requests for Inter Partes Reexamination Filed	1326 OG 198
• Notice of Expiration of Trademark Registrations Due to Failure to Renew	1326 OG 199
• Registration to Practice	1326 OG 208
• Notice of Exclusion	1326 OG 210
• Errata	1326 OG 211
• Certificates of Correction	1326 OG 213
• Summary of Final Decisions Issued by the Trademark Trial and Appeal Board	1326 OG 214

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January 22, 2008

US PATENT AND TRADEMARK OFFICE

1326 OG 168

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 22, 2008

US PATENT AND TRADEMARK OFFICE

1326 OG 169

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
12-17	OPP	91167540	Mintek Corporation v. Samuel Bouter	2(d)	Opposition Sustained	"MINTEK" [computer software development for integrating mobile devices, billing systems and other databases]	"MINATEK" [customer relationship management software for keeping track of customer interactions and providing reports and reminders to business managers; point-of-sale software for product and billing management; notification software for e-mailing or phoning clients to let them know that products or services to which they subscribe are ready or available]		No
12-17	EX	78515219	Vanity Fair, Inc.	2(e)(3)	Refusal Affirmed		"FRENCH & FLIRTY" [lingerie, sleepwear and hosiery]		No
12-17	EX	78565933	Taylor Brands, LLC	2(d)	Refusal Reversed		"OLD TIMER" [outdoor apparel, namely, caps, hats, vests, sweaters, shirts, jackets, boots, fishing waders]	"OLDTIMERS’ HOCKEY CHALLENGE" (and design) [clothing, namely, sweaters, sweat shirts, hats, caps, sun visors, jackets, shoes, and other clothing items]	No
12-17	OPP	91165996	J&J Technology, Inc. v. Ralph Edward Taylor	2(d)	Opposition Sustained	"RENUIT" [cleaning products, namely, spot and spray cleaners for clothing and fabrics; and a variety of other cleaning products]	"RE-NEW-IT" [household fabric spray for releasing wrinkles, softening fabric, firming fabric, stiffening fabric, and easing the ironing of cotton and cotton blend clothing; household spray for softening towels]		No
12-17	OPP	91120549	The Children’s Inn at NIH v. Vinod Bhandari	2(d)	Opposition Sustained	"CHILDREN’S INN" [lodging services for use of children and their families who are patients at NIH]	"KIDS INN" [hotel and motel services; and restaurant services]		No
12-18	OPP	91165909	Nautica Apparel, Inc. v. Brian Carlucci	2(d)	Opposition Sustained as to both classes	"NAUTICA" (in standard characters or stylized lettering) [hosiery, shoes, undershirts, undershorts, shirts, blouses, trousers, jackets, pants, coats, suits, bathing suits, bathrobes, slippers, shorts, eyeglasses and sunglasses, and other goods]; "NAUTICAKIDS" [coats, dresses, footwear, gloves, headwear, jackets, jeans, pajamas, pants, raincoats, robes, scarves, shirts, shorts, skirts, sweaters, swimsuits, t-shirts, trousers, underwear, vests]; and other marks incorporating "NAUTICA" for similar goods	"NAUTIGIRL" [in Class 9: spectacles, sunglasses, protective or safety helmets for sports activities, diving suits and diving gloves, and other goods; in Class 25: wet suits, jogging suits, water resistant jackets and pants, thermal underwear, water sports boots, gloves, caps and hoods; t-shirts, sweatshirts, tank tops, shorts, pants, jackets, dresses, sweaters, gloves, belts, shoes, and other goods]		No
12-18	CANC	92042704	Febal Cucine, S.p.A. v. Mariner Ventures, Inc.	whether respondent committed fraud when it claimed ownership of the registered marks	Petition to Cancel Granted		"FEBAL U.S.A." and "FEBAL USA" (and design) [both marks for: household furniture; kitchen furniture, namely, kitchen cabinetry]		No
12-18	OPP (SJ)	91172571	Taboca AS v. Philip Morris USA Inc.	2(d) [whether opposer has priority of use]	Opposition Dismissed (Applicant’s motion for summary judgment granted)	"TABOCA" [moist smokeless tobacco]	"TABOKA" [tobacco, raw or manufactured, including cigars, cigarettes, cigarillos, tobacco for roll your own cigarettes, pipe tobacco, chewing tobacco, snuff tobacco, tobacco substitutes not for medical purposes; and various smokers’ articles]		No
12-19	EX	78529821	Hansen Beverage Company	2(d)	Refusal Affirmed		"JOKER MAD ENERGY" [beverages, namely, carbonated and non-carbonated energy drinks, excluding fruit drinks and fruit juices]	3 cited registrations, all owned by the same entity: "JOKER" [beers, mineral and aerated waters, and soft drinks; fruit drinks and fruit juices, nectar, juices with pulp, fruit concentrate, fruit juices based on concentrate and powders for making beverages]; "JOKER" (and design) [fruit drinks and fruit juices]; "JOKER" [fruit juices]	No
12-19	EX	78775491	Light Sciences Oncology, Inc.	2(e)(1)	Refusal Affirmed in both classes		"VASCULAR RECONDITIONING" [in Class 5: pharmaceuticals, namely, energy-activated compounds used for treatment of cardiovascular systems; in Class 10: catheters]		No
12-19	EX	79009205	KTS Co. LTD	2(d)	Refusal Affirmed		"POWER MAGNUM" (in stylized lettering) [air-operated hand-held tools, namely, air-operated impact wrenches, and air-operated ratchet wrenches]	"MAGNUM" [electrically powered tools, namely, drills and screwdrivers]	No
12-20	EX	78509295	XE Capital Management, LLC	2(d)	Refusal Reversed		"XE SELECT" [financial services for sophisticated investors, namely, offering hedge funds and fund of funds investment products]	"XE" [currency exchange services through a global communications network]	No
12-21	EX	78689801	Athena Archiver, Inc.	2(d)	Refusal Affirmed		"ATHENA ARCHIVER" [downloadable computer software, namely, software for archiving electronic data]	"ATHENA" [computer programs and instructional manuals sold therewith that collectively provide a set of integrated network services, namely, user authentication, file service, messaging service, mail service, network management service, and printer service]	No
12-21	CANC	92044116	Choice First Distribution, LLC v. John L. Brown	fraud; whether registrant had bona fide use in commerce at the time it filed its application to register; abandonment	Petition to Cancel Dismissed		"CHRONIC 187" [non-alcoholic carbonated and non-carbonated beverages, namely, soda and energy drinks]		No

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