United States Patent and Trademark Office OG Notices: 03 April 2007
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
3-2 EX 78285127 Cosmetic
Essence, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "SIMPLYME SPA"
Affirmed [personal care
as to products, namely,
both cited body wash, bath
registrations and shower gels,
hand and body
soaps, bath oils,
body lotions and
creams, body
scrubs, skin salt
scrub and bath
crystals, non
medicated tablets
and non medicated
salts, fragrant
body splash, body
sprays and body
mists and room
fragrancing gels
and room
fragrances, and
hair care
preparations,
namely, shampoos
and conditioners]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
2 cited registrations, No
both owned by the
same entity and both
the for the mark:
"SIMPLY SPA"
[personal care
products for the face,
hands, body, feet,
nails, and hair,
namely, lip gloss, lip
balm, lip gel, body
and bath oils, skin
lotions, body lotions,
hand lotions, hand
creams, shea butter,
shower gels, milk
bath, bubble bath,
soaps, body wash,
non-medicated bath
salts, bath powder,
bath fizzies,
potpourri, hair
shampoos, nail care
preparations and
polish, body scrubs,
seaweed scrub, hair
conditioner, body
powder, clay mask,
facial masks,
cosmetic glitter gel,
cosmetic glitter
spray, and room
fragrances in spray
form] and [candles]
(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