United States Patent and Trademark Office OG Notices: 23 April 2002

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

3-14            EX              75/866,749              Allina
                                                        Health System


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

2(d);           Refusal                                 "AMERICAN HEART
2(e)(2)         Affirmed                                INSTITUTES"
                (on both                                [cardiovascular
                grounds)                                health care
                                                        services]


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

4 cited registrations                           No
owned by the same entity:
"AMERICAN HEART ASSOCIATION"
and "AMERICAN HEART ASSOCIATION"
(and design)
[both marks for association
services in the field of
prevention and treatment of
heart disease];
"AMERICAN HEART ASSOCIATION"
and "AMERICAN HEART ASSOCIATION"
(and design)
[both marks for educational
computer software in
the field of cardiovascular
health, fitness, nutrition,
and/or prevention or
reduction of cardiovascular
disease and stroke; printed
pamphlets and other items
relating to the promotion of
cardiovascular health, etc.;
charitable fundraising
services, etc.;
educational services, namely,
conducting seminars relating to
cardiovascular health, etc.;
promoting public awareness of
cardiovascular health, etc.;]
one additional cited
registration, owned by an
entity different from the
owner of the 4 preceding cited
registrations:
"MID AMERICA HEART INSTITUTE"
[hospital and health care services]


(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