United States Patent and Trademark Office OG Notices: 10 July 2007
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
6-6 EX 76538809 Menard, Inc.
EX 76538810
6-6 OPP 91161028 Finanz St. Honore,
CANC (MD) B.V. v.
Johnson & Johnson
92044444 Johnson & Johnson
v. Finanz St.
Honore, B.V.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "AQUALUX"
Affirmed (and oval
in both background design)
cases and
"AQUALUX"
[both marks for:
whirlpools, bath-
tubs, toilets and
sinks, sold ex-
clusively through
applicant's home
improvement retail
stores]
Note:
In the action
denying applicant's
request for
reconsideration,
the examining
attorney withdrew
the refusal to
register as to
"toilets."
whether Motion to 2 pleaded "KISSABLY
respondent Dismiss registrations BABY SOFT"
has standing Counter- for the mark [hair shampoo, skin
for its claim "LOVE'S BABY SOFT" lotion, body wash]
cancellation for lack of [cologne] and
counterclaim standing [cologne spray
and whether denied; and other goods]
one of the Motion to
grounds strike
asserted is time-barred
time-barred ground
granted
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"AQUALUX" No
[water filtration
units for domestic
use; water treatment
equipment, namely,
cartridge filtration
units; portable
water dispensers]
Yes
(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