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