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