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