United States Patent and Trademark Office OG Notices: 22 May 2007
Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 4-17 EX 78076812 Lens.com, Inc. 4-17 EX 78349181 Active Ankle Systems, Inc. 4-18 EX 78154263 Ayurvedic Concepts, Ltd. 4-20 OPP 91125739 Sexy Hair Concepts, LLC Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(e)(1) Refusal "LENS" [genericness]; Affirmed [retail store whether, if on both services featuring not generic, grounds contact eyewear applicant's products rendered mark has via a global acquired computer network] distinctiveness under Section 2(f) genericness Refusal "DORSAL NIGHT [whether Affirmed SPLINT" applicant's [orthopedic splints mark is for the foot and registrable ankle] on the Supplemental Register] genericness Refusal "NAIL CARE" [whether Affirmed [nutritional applicant's supplements] mark is registrable on the Supplemental Register] 2(d) Opposition a family of marks "SO SEXY" Sustained distinguished by the [hair care word "SEXY," all for products, namely, hair care products hair conditioner, hair dyes, hair glitter, hair highlighter, hair mascara, hair pomade, hair rinses, hair removing creams, hair shampoo, hair spray, hair straightener, hair styling gel and hair styling mousse] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB Yes Yes 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