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