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