United States Patent and Trademark Office OG Notices: 29 August 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
7-25 EX 78239930 Congoleum
Corporation
7-25 EX 76586067 Elegant Headwear
Co., Inc.
7-25 EX 76500182 Aesgen, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "PACESETTER"
Affirmed [plastic floor
covering having a
water resistant,
smooth or embossed
surface in rolls
or tiles]
2(d) Refusal "SPA BABY"
Affirmed, [cloth bibs, and
but only as baby outfits,
to the goods namely, rompers and
in Class 24 jumpsuits]
of the cited
registration
2(d) Refusal "PROTORIS"
Affirmed [pharmaceutical
preparations for
the treatment of
mucositis and
inflammation of
mucous membranes]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"P THE PACESETTER No
CORPORATION"
(and design)
[home improvement products,
namely, aluminum storm
windows and doors,
replacement prime windows,
windows, doors, patio
covers, and porch and
patio enclosures;
installation of the above
goods]
"BABY SPA" No
(and design)
[in Class 3: infant personal
care products, namely, baby
soap, baby shampoo, baby
lotion, baby oil, and baby
powder; in Class 24: infant
care products, namely, baby
washcloths and towels]
"PROTEROS" No
[herbicides, pesticides,
fungicides, all for
agricultural, domestic,
and commercial uses;
dietary/nutritional
supplement; preparations
for destroying vermin;
food for babies]
(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