United States Patent and Trademark Office OG Notices: 18 May 2004

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

4-16            EX              78044413                Parametric
                                                        Technology Corp.

4-16            EX              75980911                The Playtone Co.


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

2(d)            Refusal                                 "WINDCHILL
                Affirmed                                PROJECTLINK"
                                                        [computer software
                                                        for general use in
                                                        computer-aided
                                                        design,
                                                        computer-aided
                                                        manufacturing, and
                                                        computer-aided
                                                        engineering;
                                                        computer software
                                                        for: workflow,
                                                        process and
                                                        production automa-
                                                        tion and visuali-
                                                        zation and digital
                                                        mockup and infor-
                                                        mation management
                                                        of business,
                                                        organizational,
                                                        supplier, engine-
                                                        ering, component,
                                                        product, produc-
                                                        tion and
                                                        maintenance infor-
                                                        mation and for use
                                                        in software
                                                        development]

whether         Refusal                                 "PLAYTONE"
applicant's     Affirmed                                [printed matter,
mark            on both                                 namely, posters]
functions as    grounds
a trademark
for its
recited goods;
whether
applicant's
mark was
used in
commerce as
of the date
its statement
of use was due


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

"PROJECTLINK"                                   No
[computer software
program used to
generate and update
project management
plans from business
and engineering
models]

                                                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