United States Patent and Trademark Office OG Notices: 13 Nov 2007

Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

10-11           EX              79018627                Marc Lenaerts

10-11           EX              78587508                Revlon Consumer
                                                        Products
                                                        Corporation

10-11           EX              78813357                Petrochem, Inc.


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

whether the     Refusal                                 design consisting
matter          Reversed                                of a silver
applicant                                               background with two
seeks to                                                incomplete
register                                                elliptical designs,
functions                                               one at the tope of
as a mark or,                                           the container and
rather, only                                            one at the bottom,
as package                                              each of which
ornamentation                                           includes an outer
                                                        dark red band, a
                                                        middle light red
                                                        band, and inner
                                                        dark red band
                                                        [energy drinks]

2(d)            Refusal                                 "SMART TONER"
                Affirmed                                [hair care and hair
                                                        coloring
                                                        preparations]

2(d)            Refusal                                 "HT-2000"
                Affirmed                                [all-purpose
                                                        lubricants,
                                                        industrial
                                                        lubricants,
                                                        lubricants for
                                                        industrial
                                                        machinery,
                                                        lubricating oils]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

                                                No

"SMART"                                         No
(in stylized format)
[hair care products,
namely, hair coloring]

"HT"                                            No
(and design)
[lubricating oils,
greases, process
oils, all derived
from petroleum]


(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