United States Patent and Trademark Office OG Notices: 08 November 2005
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board October 3-7, 2005 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 10-4 EX 76432947 Ortho Development Corporation Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "ORION-1" Affirmed [a variety of electrosurgical instruments used in separating, severing, cutting, coagulating, vaporizing and de- vitalizing tissues for medical and surgical purposes in the medical fields of neuro- surgery, gynecol- ogy, orthopedics, otolaryngology, plastic surgery and urology, and excluding applica- tion surgical hand tools involving the spine; said electrosurgical instruments being distributed to medical doctors and hospitals through scrutin- ized purchasing procedures con- ducted by medical doctors and medical specialty item distributors, and manufactured, dis- tributed, and sold through trade channels associated within the medical implant manufac- turing and medical device manufac- turing industry to medical doctors and hospitals] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB "ORION" No [plates, screws, rings and other components used in surgical implant systems particularly involving the spine, and for application tools and instruments, namely, surgical hand tools and clamps] (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