United States Patent and Trademark Office OG Notices: 25 October 2005

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

9-22            EX              75935945                Station Casinos,
                                                        Inc.

9-23            EX              78212355                Merck KGAA

9-23            CANC            92043109                Health Food
                (SJ)                                    Associates, Inc. v.
                                                        Naturalife Eco Vite
                                                        Laboratories, Inc.


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

2(d)            Refusal                                 "DURANGO STATION"
                Affirmed                                [clothing, namely,
                as to all                               shirts, jackets,
                three cited                             and hats]
                registrations

2(d)            Refusal                                 "DUOPATH"
                Reversed                                [in Class 1:
                in both                                 qualitative and
                classes                                 quantitative assay
                                                        products, namely,
                                                        diagnostic reagents
                                                        for scientific or
                                                        research use in the
                                                        filed of food
                                                        hygiene; in Class
                                                        5: qualitative
                                                        assays, namely,
                                                        medical reagents
                                                        for use in in-
                                                        vitro-diagnostic
                                                        procedures in human
                                                        and veterinary
                                                        medicine]

abandonment,    Petition                                "PARAGON
nonuse, and     to Cancel                               LABORATORIES"
fraud           Denied                                  [dietary
                [Respondent's                           supplements]
                motion for
                summary
                judgment
                granted]


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

3 cited registrations,                          No
all owned by the same
entity:
"DURANGO"
[western boots; jeans,
pants, shirts, jackets,
and socks];
"DURANGO"
(and design)
[boots, socks, jackets,
shirts]; and
"DURANGO"
(and design)
[jeans, pants, jackets
and t-shirts]


"DUOSET"                                        No
[biological reagents for use
in research applications to
identify cytokines by
immunoassay]

                                                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