United States Patent and Trademark Office OG Notices: 05 October 2004

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

8-31            OPP             91125109                Merck &
                                                        Co., Inc. v.
                                                        Nephro-Tech I,
                                                        LLC

8-31            OPP             91118497                Ted
                                                        Lapidus v.
                                                        Lambertson
                                                        Truex, Inc.

8-31            OPP             91150006                Six
                                                        Continents
                                                        Hotels, Inc.
                                                        v. Marriott
                                                        International,
                                                        Inc.

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

2(d)            Opposition      "FOSAMAX"               "FORMAX"
                Sustained       [pharmaceutical         [pharmaceutical,
                                preparation for         namely, dietary
                                the treatment and       supplement for
                                prevention of bone      phosphate binding
                                disease]                and calcium
                                                        supplementation]

counterclaim    Applicant's     Opposer pleaded         "LT"
for partial     Counter-claim   seven registrations,    (in stylized design
cancellation    to Cancel       one of which was the    form)
of one of       Dismissed       subject of applicant's  [goods in Classes
opposer's       [Note:          counterclaim for        18 and 25]
pleaded         Opposition was  partial cancellation,
registrations   dismissed       namely:
on grounds      10/15/02        "TED LAPIDUS"
of abandonment  on applicant's  [in Class 18:
as to leather   motion to       leather goods,
goods in        dismiss under   namely, luggage,
Class 18        Rule 2.132 (a)] handbags, purses,
                                satchels, check and
                                bank note cases,
                                leather cases and
                                leather boxes sold
                                empty]

2(e)(1)         Opposition                              "HOW LONG WILL
                Dismissed                               YOU BE STAYING?"
                                                        [hotel services]

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