United States Patent and Trademark Office OG Notices: 14 March 2006

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

2-8             OPP             91155236                SmithKline Beecham
                                                        Corp. v. Moba, Inc.

2-8             EX              78266434                SimDesk
                                                        Technologies, Inc.


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

2(d)            Opposition      "TUMS"                  "MR. TUMEE"
                Sustained       [antacids               [vitamins
                                and calcium             and nutritional
                                supplements];           supplements]
                                "TUMS FOR
                                THE TUMMY"
                                [carminative
                                antacids]; and
                                a number of other
                                registered marks
                                comprising or
                                incorporating the
                                word TUMS, all for
                                dietary supple-
                                ments, antacids
                                and the like

2(e)(1)         Refusal                                 "WORLD WIDE
                Reversed                                SERVER MP"
                in both                                 [in Class 9:
                classes                                 communications
                                                        software for
                                                        connecting computer
                                                        users to a global
                                                        computer network
                                                        and for allowing
                                                        computer users to
                                                        access on-line
                                                        software applica-
                                                        tions, namely,
                                                        word processing,
                                                        spreadsheet, data-
                                                        base, personal
                                                        information
                                                        management, file
                                                        management, and
                                                        email applications,
                                                        and applications
                                                        that provide a user
                                                        with the ability to
                                                        design and create
                                                        data archiving
                                                        systems, to send
                                                        printing instruc-
                                                        tions via a global
                                                        computer network to
                                                        a remote printer,
                                                        and to develop
                                                        multimedia presen-
                                                        tations, etc.;
                                                        in Class 42:
                                                        application service
                                                        provider services
                                                        featuring on-line
                                                        software applica-
                                                        tions for use in
                                                        word processing,
                                                        spreadsheet devel-
                                                        opment, database
                                                        development, per-
                                                        sonal information
                                                        management, e-mail,
                                                        remote printing,
                                                        data archiving
                                                        system development
                                                        and multimedia
                                                        presentation
                                                        development]


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

                                                No

                                                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