United States Patent and Trademark Office OG Notices: 01 April 2003
Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 2-25 EX 76/166,184 Brainy-brawn.com, Inc. 2-25 OPP 107,763 North American Bear Co., Inc. v. The Vermont Teddy Bear Co., Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d); Refusal "HEALTHLYNX" whether Affirmed [arranging and applicant's but only providing health identification on basis of care services, of its 2(d), as to namely, dental services is all three services, vision sufficiently cited services, chiro- definite; registrations, practic, acupunc- whether and on the ture, massage applicant's basis of the therapy, hearing specimens indefinite- services and non- evidence use ness of medical elderly of its mark applicant's home care] in connection identifica- with its tion of recited services services; whether applicant properly complied with the request for information under Trademark Rule 2.61(b) 2(d) Opposition "NORTH AMERICAN "THE GREAT Sustained BEAR CO. INC." and AMERICAN TEDDY "NORTH AMERICAN BEAR" BEAR CO. INC." [stuffed toy (and design) animals and [stuffed toys] message delivery services accom- panied by stuffed toy animals] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB 3 cited registrations, No the first two owned by a single entity and issued as concurrent use registrations naming the owner of the third cited registration, below, as excepted user: "HEALTH LINK" and "HEALTH LINK" (in stylized lettering) [both marks registered for managed health care services, namely, for health maintenance organizations and preferred provider organizations] and "HEALTHLINK" (and design) [health care in the nature of a preferred provider organization (PPO), and an health maintenance organization (HMO)] 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