United States Patent and Trademark Office OG Notices: 08 February 2005

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

1-7             EX              76320844                Energy
                                                        Efficiency
                                                        Institute,
                                                        Inc.

1-7             EX              78102333                BrainLAB
                EX              78102336                AG

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

2(e)(1)         Refusal                                 "PAY AS YOU
                Reversed                                SAVE"
                                                        [promoting the
                                                        sale of energy
                                                        saving and
                                                        resource
                                                        efficient
                                                        appliances and
                                                        devices of
                                                        others, namely,
                                                        arranging for
                                                        deferred
                                                        repayment of the
                                                        devices and
                                                        appliances on
                                                        monthly utility
                                                        bills, the
                                                        monthly payment
                                                        relating to the
                                                        savings from use
                                                        of the appliance
                                                        or device]

whether         Refusal                                 "CardioSUITE"
applicant's     Affirmed                                and
identification  in both                                 "BrainSUITE"
of certain      cases                                   [both marks for
goods in                                                a wide range of
Class 10 is                                             goods in Class
sufficiently                                            10;
definite                                                the items held
[Note:                                                  to be indefinite
Identification                                          were identified
of most of                                              as "electronic
the goods in                                            apparatus and
Class 10 was                                            image
found                                                   presentation
sufficiently                                            apparatus for
definite, as                                            medical
were the                                                purposes"]
identification
of goods
in Class 9
and
recitation of
services in
Class 42]

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

                                                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