United States Patent and Trademark Office OG Notices: 10 May 2005

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                                April 4-8, 2005



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

4-4             EX              76382474                Nuvita
                                                        Market, L.L.P.

4-5             EX              76143014                Optiva Corp.


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

2(d)            Refusal                                 "DESIGNER SKIN
                Affirmed                                DRAMA QUEEN"
                                                        [sunblock,
                                                        non-medicated
                                                        after-sun skin
                                                        balm, bronzers,
                                                        suntanning
                                                        preparations, sun
                                                        screen, suntan oil
                                                        and lotion, after-
                                                        sun skin lotion,
                                                        self-tanning
                                                        lotion, and tanning
                                                        accelerators]

whether the     Refusal                                 whirlpool
matter          Affirmed                                design mark
applicant       on both                                 [toothbrushes]
seeks to        grounds
register
functions as
a mark for
its goods;
whether
applicant's
specimens
show use of
the mark in
its drawing


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

"DRAMA QUEEN"                                   No
[lotions, creams and
moisturizers for the
face and body,
cologne, perfume,
face and body scrub
and cleanser, body
sponge scrubber with
container for liquid
soap, soap]

                                                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