United States Patent and Trademark Office OG Notices: 12 October 2004

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

9-9             EX              76451248                Todson, Inc.

9-10            EX              78122490                Skin Within
                                                        Services, Ltd.

9-10            EX              78145333                Kiss My Face


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

2(d)            Refusal                                 "BRUTE"
                Affirmed                                [bicycle locks]

2(d)            Refusal                                 "SKIN WITHIN"
                Reversed                                [cosmetics,
                                                        namely, skin care
                                                        lotions and creams
                                                        and non-medicated
                                                        skin care
                                                        preparations]

2(d)            Refusal                                 "CLOSE ENCOUNTER"
                Affirmed                                [skin moisturizing
                as to both                              shaving cream,
                cited                                   after shave lotion,
                registrations                           body and facial
                                                        lotions, personal
                                                        deodorants, facial
                                                        scrubs, facial
                                                        cleansers, facial
                                                        cream, liquid
                                                        soaps for hand and
                                                        face and body,
                                                        hair shampoos and
                                                        hair conditioners,
                                                        shower gels, bath
                                                        foam, and skin
                                                        soap]


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

"THE BRUTE"                                     No
[locks]

"WITHIN"                                        No
[cosmetics, namely,
perfume, eau de
perfume, cologne,
skin, hand, and body
lotions and crèmes,
face and dusting
powder, and toilet
preparations, namely,
toilet water, bath oils,
non-medicated bath
salts, bath crystals,
talcum powder,
shampoos, perfumed
soaps, and bath and
shower gels]

2 cited registrations,                          No
both owned by the
same entity, for the
mark "ENCOUNTER"
[face, hand, and body
lotion; bath and
shower gel; talcum
powder; face, body,
and hand soap] and
[perfume and cologne]


(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