United States Patent and Trademark Office OG Notices: 19 October 2004
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
9-16 EX 76365748 The Trustees of
the Harold Lloyd
Film Trust
9-16 EX 76364848 Merz
Pharmaceuticals,
LLC
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal mark comprising a
Affirmed stylized graphic
representation
of a pair of
eyeglasses
[posters;
coasters]
whether Refusal "SKIN CARE
the words Affirmed FOR SCARS"
applicant on grounds [pharmaceuticals,
seeks to of failure namely, a gel,
register to function cream, or ointment
function as a mark designed to
as a mark and lack improve the
for its of acquired appearance of
recited distinctive- scars, blemishes,
goods or ness but and other skin
merely as not on the imperfections]
an infor- basis of
mational genericness
phrase; if
the words
applicant
seeks to
register
function
as a mark,
whether
the mark
is generic;
whether, if
not generic,
the mark has
acquired
distinctive-
ness under
Section 2(f)
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
mark comprising a No
stylized graphic
representation of a
pair of eyeglasses
[postcards, calendars,
stationery]
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