United States Patent and Trademark Office OG Notices: 16 December 2003

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

11-14           EX              78083252                BrainLAB
                                                        AG

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

2(e)(1), as     Refusal                                 "iPlan"
to goods in     Reversed                                [in Class 9,
Class 9;        as to                                   an extensive list
requirement     Class 9;                                of goods, includ-
for a more      Refusal                                 ing:  computers;
definite        Affirmed                                planning software
identifica-     as to                                   and programs for,
tion of         requirement                             inter alia: neuro-
services in     for more                                logical purposes,
Class 42        definite                                application in
and for         identifi-                               robot-assisted
transfer of     ation of                                medical applica-
certain         services                                tions, application
services to     and                                     in ENT surgery,
Class 35        transfer of                             application to 3D
                certain                                 registration or
                services to                             referencing
                Class 35                                patient data by
                                                        producing light
                                                        markings, etc.;
                                                        in Class 42, an
                                                        extensive list of
                                                        services, includ-
                                                        ing:  computer
                                                        programming
                                                        services, namely,
                                                        developing
                                                        programs for
                                                        others for neuro-
                                                        surgical, ortho-
                                                        pedic (and other
                                                        medical) purposes,
                                                        for application in
                                                        ENT surgery, etc.;
                                                        customer service
                                                        for the operation
                                                        of medical naviga-
                                                        tion, etc.; and a
                                                        number of
                                                        other services]


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

                                                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