United States Patent and Trademark Office OG Notices: 23 May 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
4-20 EX 75125078 PAHL, L.P.
4-20 EX 76529025 MBI
Distributing, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "PHANTOMS"
Affirmed (and design)
as to Class [in Class 14:
25; accessories,
Refusal namely, earrings
Reversed and ornamental
as to lapel pins;
Classes 14 in Class 25:
and 26 t-shirts, sweat
shirts, knit
shirts, jerseys,
jackets, coats,
shorts, pants,
sweat pants,
socks, shirts and
rainwear; headwear;
footwear;
in Class 26:
accessories,
namely, ornamental
novelty buttons;
ornamental novelty
pins; and hair
twists, namely,
hair ornaments in
the nature of
fabric covered
elasticized hair
holders]
2(d) Refusal "EARTH ESSENCE
Affirmed NATURE-BEAUTY-
HEALTH"
(and design)
[dietary
supplements]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"PHANTOMS" No
[t-shirts, sweatshirts,
and sweat pants]
"LIVING EARTH No
ESSENCES"
[dietary supplements,
namely, flower essences
and plant essences,
prepared from plant
infusions in water,
generally preserved
with brandy, for
personal dietary use]
(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