United States Patent and Trademark Office OG Notices: 16 Oct 2007

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

9-11            EX              78672003                Paper Petals,
                                                        LLC

9-13            EX              78634849                Millennium
                                                        Scaffolding
                                                        Systems Inc.

9-13            EX              78438594                West-Com
                                                        Nurse Call
                                                        Systems, Inc.


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

2(d)            Refusal                                 "PAPER PETALS"
                Affirmed                                (in stylized
                as to both                              lettering)
                cited                                   [greeting cards
                registrations                           and other goods]

2(d)            Refusal                                 "MILLENIUM"
                Affirmed                                [materials of
                                                        metal for
                                                        scaffolds]

whether the     Refusal                                 design mark
matter          Affirmed                                described by
applicant                                               applicant as
seeks to                                                "a caricature of
register                                                a toilet"
functions as a                                          [electronic
mark for its                                            apparatus used
recited goods                                           in nurse call
                                                        systems, namely,
                                                        an electronic
                                                        device for
                                                        automatically
                                                        sending
                                                        communication
                                                        transmissions
                                                        between patients
                                                        and predetermined
                                                        and/or specified
                                                        health care or
                                                        hospital personnel
                                                        for use by
                                                        patients requiring
                                                        bed pan or other
                                                        nursing services]

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

2 cited                                         No
registrations
owned by the same
entity:
"PETALS" and
"PETALS"
(and design)
[both marks for:
greeting cards]

"MILLENIUM"                                     No
[metal goods,
namely, corrugated,
perforated metal
panels for
structures]

                                                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