United States Patent and Trademark Office OG Notices: 18 March 2003
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
February 10-14, 2003
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
2-11 EX 75/602,760 National Health
Information
Network, Inc.
2-11 CANC 29,387 Sequent Computer
OPP 116,011 Systems, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "CARE RX"
Affirmed [computer software
for use in disease
management and
prescription
management]
2(d); Petition in the cancella- registered mark:
counterclaim to Cancel tion, petitioner "NUMA-Q"
to cancel Denied; relies on its [computer
petitioner's counter- registration for: hardware, namely,
pleaded claim for "NUMA" multiple intercon-
registration cancellation [installation, nected proces-
on grounds of denied; maintenance and sors];
genericness Opposition repair of computer mark in opposed
Sustained hardware; computer application:
programming for "NUMACENTER"
others in the [computer
field of medical hardware, namely,
imaging]; multiple intercon-
in the opposition, nected processors
petitioner relies and computer soft-
on the above ware for use
registered mark therewith to
and on a common facilitate the
law mark for: interconnection
"NUMASTATION" and interoperation
[computer hardware of such hardware,
and software] and instruction
manuals distribu-
ted therewith]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"RXCARE" No
[electrical and
scientific apparatus,
namely, pharmacy
management software
applications]
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