United States Patent and Trademark Office OG Notices: 18 July 2006
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board June 12-16, 2006 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 6-13 EX 76354586 Merck KgaA Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "EMD LEXIGEN" Affirmed [in Class 5: as to both pharmaceutical and classes on biopharmaceutical the basis products for the of both treatment of cited cancer, MDS, registrations genetic disorders and immunological disorders; novel protein drugs for use in the area of oncology, immune therapies and for the treatment of metabolic disorders; in Class 42: scientific research and development in the area of pharmacy, medicine, biology, and genetics, develop- ing treatments for serious and life- threatening diseases as well as broad technology platforms that will lead to new therapies] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB 2 cited registrations, No both owned by the same entity: "LEXGEN.COM" [providing an online computer database in the field of genetic research] and "LEXGEN" [providing access to a genomic database consisting of molecular biology and genetic research information via a global computer network; computer services in the nature of providing online publications, namely, scientific journals and newsletters in the field of molecular biology and genetic research; providing online molecular biology and genetic research information and resources to others via a global computer network; collaborative research and development services in the field of molecular biology and genetics] (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