United States Patent and Trademark Office OG Notices: 06 March 2007

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                         January 29 - February 2, 2007



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

1-29            EX              76449597                Apotex
                EX              78429952                Technologies Inc.


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

2(e)(1)         Refusal                                 2 applications
                Reversed                                to register the
                                                        mark "IPHARMACIST"
                                                        for essentially
                                                        the same goods and
                                                        services:
                                                        [in Class 9:
                                                        pre-recorded video
                                                        tapes featuring
                                                        training in the use
                                                        of personal digital
                                                        assistants prepro-
                                                        grammed with
                                                        pharmaceutical
                                                        information and
                                                        handheld PDA
                                                        computers prepro-
                                                        grammed with com-
                                                        puter database
                                                        software containing
                                                        pharmacy and
                                                        pharmaceutical-
                                                        related proprietary
                                                        and publicly avail-
                                                        able information,
                                                        both of which are
                                                        intended for use by
                                                        pharmacists and
                                                        pharmacy techni-
                                                        cians in the
                                                        practice of
                                                        pharmacy;
                                                        in Class 16:
                                                        books, fliers,
                                                        brochures, manuals,
                                                        guides, pamphlets,
                                                        and trade journals,
                                                        all containing
                                                        pharmacy and
                                                        pharmaceutical-
                                                        related
                                                        information;
                                                        in Class 42:
                                                        custom design for
                                                        others of PDA
                                                        software programs
                                                        for use by a phar-
                                                        macist or pharmacy
                                                        technician in the
                                                        practice of
                                                        pharmacy, not
                                                        including Internet
                                                        access software]


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