United States Patent and Trademark Office OG Notices: 17 August 2004
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board July 12-16, 2004 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 7-12 OPP 91150456 Brainworks, Inc. v. Brainworks LLC 7-13 EX 76155361 Casino Data Systems 7-13 EX 76339812 BioArray Solutions, Ltd. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Opposition "BRAINWORKS" "BRAINWORKS" Sustained [a variety [therapy and of goods and rehabilitation services, includ- services, namely, ing educational biofeedback and testing and con- neurofeedback sulting services] services] 2(e)(1) Refusal "DOUBLE Affirmed ACEY DEUCEY" [gaming machines and computer software therefor] 2(e)(1); Refusal "ARRAY CYTOMETRY" whether Affirmed [in Class 1: applicant's under preparations for recitation of 2(e)(1) as scientific and services in to both research use, Class 35 is classes, namely, biological sufficiently and or biotechnical definite requirement arrays and for a more assemblies of definite constituents of recitation biological cells, of services methods, tests, in Class 35 and kits affirmed comprising the foregoing; and other goods in Class 35: distribution of services in the field of biological and biotechnical arrays and assemblies of constituents of biological cells, methods, tests, kits or apparatus therefor; etc.] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No No 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