United States Patent and Trademark Office OG Notices: 20 December 2005

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

11-18           EX              76250116                CNS, Inc.
                EX              76250194
                EX              76250611
                EX              76250613


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

2(e)(1);        Refusal                                 each of the four
whether         Affirmed                                marks consists of
the matter      in all four                             a pictorial
applicant       cases on                                representation of
seeks to        all grounds                             a geometrical
register        asserted                                figure that cor-
functions                                               responds to the
as trademarks                                           general shape of
for its goods;                                          the product to
whether the                                             which it is applied
asserted marks                                          ['116 application:
are registrable                                         medical device in
under Section                                           the nature of a
2(f); whether,                                          drug-free nasal
as to the '611                                          strip for use as
application,                                            an external nasal
applicant                                               dilator;
failed to                                               '194 application:
submit a                                                transdermal nasal
specimen that                                           strip for use in
shows use of                                            the delivery of
its mark on                                             pharmaceuticals
its recited                                             to relieve nasal
goods                                                   congestion;
                                                        '611 application:
                                                        transdermal nasal
                                                        strip for use in
                                                        the delivery of
                                                        pharmaceuticals
                                                        to relieve nasal
                                                        congestion;
                                                        '613 application:
                                                        external nasal
                                                        dilator]


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

                                                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