United States Patent and Trademark Office OG Notices: 13 Nov 2007

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

                           October 8-12, 2007



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

10-11           EX              78564687                Lumera Corporation

10-11           EX              76269152                Pharma Cosmetix
                                                        Research, L.L.C.


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

2(e)(1)         Refusal                                 "PROTEOMIC-
                Affirmed                                PROCESSOR"
                in both                                 [in Class 9:
                classes                                 surface plasmon
                                                        resonance
                                                        instruments in the
                                                        nature of
                                                        resonators used for
                                                        scientific
                                                        bioanalysis; in
                                                        Class 10: surface
                                                        plasmon resonance
                                                        instruments in the
                                                        nature of
                                                        resonators used for
                                                        medical analysis]

whether         Refusal                                 "ENVIRONMENTAL
applicant's     Reversed                                PROTECTION FACTOR"
drawing of its                                          [certification mark
mark is a                                               for certifying
substantially                                           health products and
exact                                                   medicinal products
representation                                          meeting
of the mark it                                          registrant's
uses in                                                 efficacy standards]
commerce, as
shown on its
specimens
[mutilation]


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

                                                No

                                                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