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