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