United States Patent and Trademark Office OG Notices: 14 October 2003

Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

9-9             EX              75/583,411              Symbio Herborn
                                                        Group GmbH & Co.


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Refusal                                 "SYMBIO LACT"
                Affirmed                                (and design)
                                                        [pharmaceutical and
                                                        veterinary
                                                        products, namely,
                                                        biological cultures
                                                        and media for use
                                                        in the production
                                                        of nutritional
                                                        additives for
                                                        medical,
                                                        veterinary, and
                                                        sanitary purposes
                                                        and for the care of
                                                        health, such
                                                        nutritional
                                                        additives
                                                        consisting of or
                                                        containing
                                                        bacterial and/or
                                                        enzyme
                                                        preparations;
                                                        vitamin
                                                        preparations,
                                                        roughage and
                                                        mineral-food
                                                        supplements,
                                                        namely, nutritional
                                                        supplements,
                                                        vitamins, mineral
                                                        supplements and
                                                        nutritional
                                                        additives for
                                                        animal and human
                                                        food; preparations
                                                        of trace elements
                                                        for human and
                                                        animal use, namely,
                                                        nutritional
                                                        supplements and/or
                                                        trace elements for
                                                        medical,
                                                        veterinary, and
                                                        sanitary purposes
                                                        and for the care of
                                                        health]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

"SYMBIO"                                        No
[drug product (preparation in
capsule form) for veterinary
use to combat infection]


(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