United States Patent and Trademark Office OG Notices: 05 September 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
8-4 CANC 92041408 Home Pro Systems,
Inc. v. Personal
Home Pro of the
Quad Cities, LLC
8-4 OPP 91119899 Duramax Marine, LLC
v. R.W. Fernstrum &
Company
8-4 EX 78099133 Uromedica, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Petition "HOMEPRO "PERSONAL
to Cancel SYSTEMS, INC." HOME PRO"
Granted (and design) (and design)
[books and [home maintenance
report forms and improvement
relating to services]
house and building
inspection,
maintenance, and
repair; providing
house and building
inspection services
and subsequently
producing inspec-
tion reports based
thereon]
whether Opposition a design mark
applicant's Sustained consisting of a
mark is on grounds two-dimensional
functional; that graphic
2(e)(1); applicant's representation
whether, if mark is of the goods
descriptive, merely applicant
applicant's descriptive manufactures
mark has and without [manufacturing
acquired acquired marine heat
distinctive- distinctiveness exchangers to
ness; the order and
affirmative specification
defense of of others]
estoppel
2(d) Refusal "PROACT"
Affirmed [adjustable,
surgically-
implantable
devices for the
treatment of
incontinency]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
Yes
"PROACT" No
[surgical
device for adhesion
control therapy
consisting of an
electronic controller
that monitors
treatment parameters
and an applicator that
contacts tissue to be
treated]
(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