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ARTICLE · 19 FEBRUARY 2019

TTAB Dismisses 2(d) Opposition To "M" Mark For Medication Costing Software

Wolf Greenfield & Sacks
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The Board dismissed this Section 2(d) opposition to registration of the mark shown below left, for software "for providing information to medical personnel and patients regarding the cost of a patient's prescription medication ...

United StatesIntellectual Property
John L. Welch
John L. Welch
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The Board dismissed this Section 2(d) opposition to registration of the mark shown below left, for software "for providing information to medical personnel and patients regarding the cost of a patient's prescription medication taking into account that patient's insurance coverage," finding that opposer had failed to prove a likelihood of confusion with the two registered marks shown below right, for various medical services and publications. H. Lee Moffitt Cancer Center and Research Institute, Inc. v. Milligram, Inc., Opposition No. 91228243 (February 11, 2018) [not precedential] (Opinion by Judge Marc A. Bergsman).

Goods and Services: Opposer Moffitt failed to proved that its goods and services are related to applicant's software. Although "intuitively the 'evaluation and testing of drug and treatment effectiveness relating to cancer and other diseases' should have a connection to pharmacy services," applicant's description of goods and services does not

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