United States Patent and Trademark Office OG Notices: 30 July 2002
Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 6-21 CU 1,169 Nutrition (SJ) Care Systems, Inc. v. NCS HealthCare, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether Concurrent "NCS" "NCS" and "NCS concurrent Use [dietary consult- HEALTHCARE" use applicant Proceeding ing services, (in stylized form) is entitled Dissolved namely, nutrition [both marks for to concurrent (Concurrent management health care use registra- Use Registra- services, food services, namely, tion for its tion Denied) management con- pharmacy consult- claimed [Registrant's sulting, and menu ing in the field territory motion for services for of health care summary judg- health care facil- plans; nutritional ment granted] ities]-concurrent services, namely, use application operating diet for registration kitchens for of the mark for nursing facilities the geographic and health care area consisting of facilities; the states of rehabilitation Illinois, services; infusion Wisconsin, Iowa, therapy services; and Missouri medical home care services; pharmacy psychiatric con- sulting services; consulting services directed to Medicare part B patient and health care services; environmental con- sulting services; and consulting in the field of building and physical plant security measures] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No (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