United States Patent and Trademark Office OG Notices: 03 October 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
8-28 EX 76523001 ACH Direct Inc.
8-28 EX 76571009 Lipner
8-28 EX 76569932 Bare Escentuals,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1); Refusal "ATMVERIFY"
whether Affirmed [providing bank
applicant's as to account
mark is 2(e)(1), verification
registrable but information
on the Refusal by means of both
Supplemental Reversed private networks
Register as to (leased/dedicated
(genericness) registration lines) and
on secured public
Supplemental networks
Register (Internet SSL)]
2(d) Refusal "TRUE BLUE"
Reversed (and design)
[air filters for
domestic and
commercial use,
namely, air
conditioner and
furnace air
filters]
2(d) Refusal "WIDE AWAKE"
Affirmed [cosmetics, namely,
as to all eye shadow and
five cited mascara; cosmetics
registrations for the skin and
eyes; skin creams,
lotions and gels,
essential oils
used as cosmetics]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"TRUE BLUE" No
[air purifying
units for use
with air respirators]
5 cited registrations, No
all owned by the
same entity:
"AWAKE"
[cosmetics and
cosmetic soaps,
namely, eye shadows,
mascara, cleansing
creams, gels,
lotions; and other
goods];
"AWAKE"
[full line of
cosmetic brushes
and sponges];
"AWAKE"
(and design)
[house mark for
a line of cosmetics];
"AWAKE"
(in stylized
lettering)
[house mark for a
line of cosmetics;
house mark for a
line of cosmetic
brushes and sponges];
"AWAKE"
(and design)
[cosmetic utensils,
namely, cosmetic
brushes and sponges]
(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