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