United States Patent and Trademark Office OG Notices: 24 August 2004

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

                               July 19-23, 2004


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

7-19            EX              78116593                Active Organics,
                                                        Inc.

7-19            CANC            92041105                Jomandi
                                                        Productions,
                                                        Inc. v.
                                                        Thomas W. Jones,
                                                        II et al.


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

2(d);           Refusal                                 "ACTIVE ORGANICS"
2(e)(1)         Affirmed                                [in Class 1:
                under 2(d)                              botanical extracts
                as to                                   for use in making
                Classes 3                               cosmetics;
                and 5                                   in Class 3:
                only;                                   naturally derived
                Refusal                                 materials used
                Affirmed                                alone or as
                under                                   ingredients in the
                2(e)(1) as                              preparation of
                to all four                             cosmetics, namely,
                classes                                 anti-aging creams
                                                        and aromatherapy
                                                        oils;
                                                        in Class 5:
                                                        naturally derived
                                                        pharmaceutical
                                                        preparations for
                                                        the treatment of
                                                        dry and chafing
                                                        skin, for use as
                                                        an end product and
                                                        for manufacturing
                                                        use;
                                                        in Class 30:
                                                        food flavoring
                                                        additives for
                                                        non-nutritional
                                                        purposes]

whether         Petition                                "JOMANDI"
registrants     to Cancel                               [production of
own the         Granted                                 theatrical shows,
registered                                              audio recordings,
mark                                                    video recordings,
                                                        television shows,
                                                        and movies]


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

"ACTIVE ORGANICS"                               No
[astringents for
cosmetic purposes,
bath gel, bath oil,
bath powder, body
cream, body oil, hand
cream, night cream,
personal deodorants,
deodorants and
antiperspirants,
essential oils for
personal use, hair gel,
shower gel, non-medicated
hair care preparations,
hair cleaning preparations,
hair rinses, hair spray,
hair styling preparations,
lipstick, skin moisturizer,
skin lotion, soap, skin
soap, skin toners,
deodorant soap, liquid
soaps for hands, face
and body]

                                                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