United States Patent and Trademark Office OG Notices: 07 September 2004

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

8-4             EX              76233167                Naturally
                                                        Scientific, Inc.

8-4             EX              75759314                Home
                                                        Builders
                                                        Association
                                                        of Metropolitan
                                                        Denver


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

2(d)            Refusal                                 "FAT SPONGE"
                Affirmed                                [nutritional and
                                                        dietary
                                                        supplement]

2(e)(1)         Refusal                                 "BUILT GREEN"
                Affirmed                                [in Class 16:
                in all three                            printed
                classes;                                publications,
                but, in                                 namely,
                view of                                 magazines and
                examining                               newsletters
                attorney's                              containing
                acceptance of                           articles and
                alternative                             information on
                2(f) claim,                             designing and
                mark will                               constructing homes
                be published                            and buildings
                for opposition                          using
                                                        environmentally
                                                        friendly
                                                        techniques;
                                                        in Class 35:
                                                        business
                                                        information and
                                                        on-line business
                                                        directory of
                                                        information
                                                        pertaining to
                                                        services for
                                                        companies and
                                                        manufacturers in
                                                        the construction
                                                        industry that
                                                        are environmentally
                                                        friendly;
                                                        in Class 37:
                                                        building
                                                        construction,
                                                        renovation, and
                                                        repair]


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

"BIO-SPONGE"                                    No
[nutritional
supplements and
veterinary
nutritional
supplements]

                                                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