United States Patent and Trademark Office OG Notices: 19 November 2002

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                              October 7-11, 2002



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

10-9            OPP             113,611                 Kellogg Co.
                                                        v. Dorothy
                                                        Cullars Waugh

10-9            EX              75/894,932              Horizon
                                                        Pharmaceutical
                                                        Corp.


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

2(d)            Opposition      "SMART START"           "SUPER START"
                Sustained       [cereal-derived         [mixed whole grain
                (on both        food product to         breakfast cereal]
                grounds)        be used as
                                breakfast food,
                                cereal bar, snack
                                food or ingredient
                                for making food]

2(d)            Refusal                                 "FIRST HORIZON
                Affirmed                                PHARMACEUTICAL"
                                                        [prescription
                                                        pharmaceutical
                                                        preparations for
                                                        humans, namely,
                                                        pain medications,
                                                        chelating agents,
                                                        antihistamine-
                                                        decongestants
                                                        eardrops, expec-
                                                        torants, liquid
                                                        antitussives,
                                                        sustained-release
                                                        medications for
                                                        treating heart
                                                        rhythm disorders,
                                                        synthetic anti-
                                                        cholinergics,
                                                        preparations for
                                                        treating cardi-
                                                        ology conditions,
                                                        preparations for
                                                        treating
                                                        gastroenterology
                                                        conditions,
                                                        preparations for
                                                        neurology
                                                        conditions and
                                                        preparations for
                                                        treating women's
                                                        health]


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

                                                No


"HORIZON"                                       No
[vitamins, dietary
herbal supplements
and nutritional
supplements]


(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