United States Patent and Trademark Office OG Notices: 01 March 2005

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

1-25            EX              76490165                Leiner Health
                                                        Services Corp.

1-25            EX              75622598                IMES Group Limited


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

2(e)(1)         Refusal                                 "OPTIMAL
                Affirmed                                DAILY INTAKE"
                                                        [vitamins and
                                                        dietary food
                                                        supplements]

2(e)(1);        Refusal                                 "WATER WEIGHTS"
whether         Reversed                                [ub Class 9:
applicant's     as to both                              load testing
mark has        classes of                              systems comprising
acquired        goods and                               load test bags,
distinc-        services on                             strain gauges,
tiveness,       basis that                              stress gauges,
under Section   applicant is                            load sensors,
2(f), for its   entitled to                             shackles,
recited goods   registration                            non-electric
and services    under Section                           cables, metal
                2(f), although                          hooks, spreader
                mark found                              bars, load data
                merely                                  logging and
                descriptive                             display
                as to both                              instruments,
                classes of                              namely, computer
                goods and                               hardware, computer
                services                                monitors, electric
                                                        luminescent
                                                        display panels;
                                                        in Class 42:
                                                        services for the
                                                        testing of load
                                                        bearing
                                                        structures, namely,
                                                        proof load testing
                                                        and certification
                                                        of cranes,
                                                        rigging, davits,
                                                        bridges, gantries,
                                                        platforms, floors;
                                                        testing of life
                                                        boat systems]


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