United States Patent and Trademark Office OG Notices: 30 March 2004
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
February 23-27, 2004
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
2-23 OPP 91151405 Rodale, Inc. v.
OPP 91151406 Healthy Heart
Review
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition numerous marks two applications
Sustained comprising or to register the
in both including the mark
cases word "PREVENTION", "PREVENTION MD"
including: for
"PREVENTION" [medical testing
[magazine]; and diagnostic
"PREVENTION" services, and
[production of vaccinations] and
radio and TV for
programs; and [educational
entertainment services, namely,
services, namely, instruction in
a continuing first aid,
series of programs automated external
in the fields of defibrillation,
health, fitness, cardiopulmonary
diet, exercise and resuscitation,
lifestyle wellness,
distributed over travel medicine,
radio, TV, and other life
satellite, cable, support and first
audio and visual aid training]
media and the
Internet;
information
services in the
fields of health,
fitness, diet,
exercise and
lifestyle provided
via an Internet
website; etc.];
and "PREVENTION
AT WORK"
[educational
services, namely
conducting
seminars on
various health
topics, and for
providing health
information;
fitness testing;
nutrition
counseling, and
motivational
programs in the
nature of health,
fitness and
nutritional
counseling]
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