United States Patent and Trademark Office OG Notices: 05 February 2002
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
December 24-28, 2001
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
12-28 EX 75/726,335 The Kay Medical
Group for Cardiac,
Vascular &
Pulmonary Surgery
12-28 EX 75/618,557 Diffee Ford
Lincoln Mercury,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether the Refusal "THE ART AND
drawing of Affirmed SCIENCE OF HEART
applicant's CARE"
mark is a (and design)
substantially [health care
exact services, namely,
representa- diagnosis and
tion of the treatment of
mark shown diseases of the
in its heart and vascular
specimens of system and the
use pulmonary system,
cardiovascular and
thoracic surgery,
and pulmonary
surgery]
2(d) Refusal "LAND OF LINCOLNS"
Affirmed [automobile deal-
erships featuring
used and new
automobiles]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"LINCOLN" and No
"LINCOLN"
(in stylized lettering)
[both marks for motorcars]
(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