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