United States Patent and Trademark Office OG Notices: 15 July 2003

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

6-12            EX              76/238,909              Beauty FX, Inc.

6-13            EX              75/435,108              Meramec
                                                        Group, Inc.



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

2(d)            Refusal                                 "COLOR FX"
                Reversed                                [cosmetics,
                                                        specifically, nail
                                                        polish, nail care
                                                        preparations, eye-
                                                        shadow, lip color,
                                                        namely, lip gloss
                                                        and lipstick,
                                                        facial makeup,
                                                        fragrances, namely
                                                        perfumes and
                                                        colognes, mascara,
                                                        and non-medicated
                                                        skin-care
                                                        preparations]

2(d)            Refusal                                 "INDUSTRIAL
                Affirmed                                STRENGTH
                as to both                              POLYURETHANE"
                classes                                 [Class 20:
                                                        polyurethane
                                                        furniture com-
                                                        ponents, namely,
                                                        chair arms, chair
                                                        seats, and chair
                                                        backs;
                                                        Class 25:
                                                        footwear
                                                        components,
                                                        namely, inserts
                                                        for shoe soles
                                                        and shoe heels]


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

"COLOR EFFECTS"
[temporary hair color]                          No

"INDUSTRIAL STRENGTH"                           No
[orthopedic braces]


(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