United States Patent and Trademark Office OG Notices: 14 December 2004

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

11-10           EX              75602873                Joanne Slokevage

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

whether the     Refusal                                 mark described
matter          Affirmed,                               by applicant as:
asserted for    but refusal                             "a configuration
registration    will be set                             located on the
has acquired    aside upon                              rear hips comprised
distinctiveness submission                              of:  a label in
as a trademark  of disclaimer                           the center with
for             of the "holes                           the words FLASH
applicant's     and flaps                               DARE! on a
goods           configuration"                          v-shaped
                portion of                              background; and
                mark                                    on each of the
                                                        two sides of it
                                                        there is a
                                                        clothing feature
                                                        (a cut-out area,
                                                        or hole, and flap
                                                        affixed to seat
                                                        area with a
                                                        closure device);
                                                        the top borders
                                                        of the "holes"
                                                        also forming and
                                                        continuing the
                                                        "vee" shape]

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

                                                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