United States Patent and Trademark Office OG Notices: 21 September 2004

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

8-18            OPP             91123720                Synthes (U.S.A.)
                CANC            92031730                v. Cypress
                                                        Medical Products,
                                                        L.P.

8-18            EX              76390088                Magnetic Ticket
                                                        & Label Corp.


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

2(d)            Opposition      "SYNTHES"               in the opposition:
                Sustained;      [instruments and        "SYNTHESIS PF"
                Petition        apparatus for           [disposable gloves
                to Cancel       surgical, medical,      for medical use]
                Granted         and veterinary          in the
                                purposes solely         cancellation:
                                for bone surgery,       "SYNTHESIS"
                                namely,                 [disposable gloves
                                instruments and         for medical use]
                                implants for
                                osteosynthesis,
                                including bone
                                screws,
                                bone nails, bone
                                plates, and
                                splints; injection
                                needles, and gum
                                plates; various
                                accessory and
                                ancillary goods,
                                such as storage
                                cabinets and
                                trays, power tools
                                used for bone
                                surgery, etc.]

2(d);           Refusal                                 "ZIPCARD"
2(e)(1);        Affirmed                                [card with
whether         under 2(d)                              activation
applicant's     and as to                               control]
identification  requirement
of goods is     for a more
sufficiently    definite
definite        identification
                of goods;
                but refusal
                under 2(e)(1)
                reversed


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

                                                No

2 cited registrations,                          No
owned by the same
entity, both for the
mark "ZIP CARD"
[magnetically coded
debit cards] and
[credit and debit card
services]


(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