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