United States Patent and Trademark Office OG Notices: 06 September 2005

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

8-4             EX              78295396                QCA Spas, Inc.

8-5             EX              78208591                Joseph W. Cotchett

8-5             EX              78208878                Joseph W. Cotchett

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

2(d)            Refusal                                 "SPA BREEZE"
                Affirmed                                [chemicals for
                                                        treating spas,
                                                        namely, chlorine,
                                                        water shock
                                                        chemicals, water
                                                        clarifiers, and
                                                        bromine tablets]

2(e)(2)         Refusal                                 "HALF MOON BAY"
                Affirmed                                [wines]

Section 6       Refusal                                 "HALF MOON
disclaimer      Affirmed                                BAY WINERY"
requirement                                             (and design)
(of words
"HALF MOON
BAY")
on 2(e)(2)
grounds

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

"POOL BREEZE"                                   No
[pool care
chemicals for
swimming pools,
namely, chlorine
water stabilizers,
water clarifiers,
water shock
chemicals, metal
removing agents,
and water testing
kits comprising
reagents and/or
test strips]

                                                No

                                                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