In Re St. Helena Hospital
The U. S. Court of Appeals for the Federal Circuit reversed the
Trademark Trial and Appeal Board's (the Board) decision,
concluding that the trademark TAKETEN used for a residential health
improvement program can co-exist with the mark TAKE 10! used for
printed health material relating to an initiative encouraging
schools to provide physical activity programs. In Re St. Helena
Hospital, Case No. 14-1109 (Fed. Cir., Dec. 16, 2014) (Linn,
J.).
St. Helena offers a 10-day residential health improvement
program at its in-patient facility in St. Helena, California under
the name TAKETEN. In 2011, St. Helena filed a trademark application
for its TAKETEN mark for use in connection with "health care
services, namely, evaluating weight and lifestyle health and
implementing weight and lifestyle health improvement plans in a
hospital-based residential program" in International Class 44.
The trademark examining attorney assigned to the
