United States Patent and Trademark Office OG Notices: 03 October 2006
Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 8-28 EX 76523001 ACH Direct Inc. 8-28 EX 76571009 Lipner 8-28 EX 76569932 Bare Escentuals, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(e)(1); Refusal "ATMVERIFY" whether Affirmed [providing bank applicant's as to account mark is 2(e)(1), verification registrable but information on the Refusal by means of both Supplemental Reversed private networks Register as to (leased/dedicated (genericness) registration lines) and on secured public Supplemental networks Register (Internet SSL)] 2(d) Refusal "TRUE BLUE" Reversed (and design) [air filters for domestic and commercial use, namely, air conditioner and furnace air filters] 2(d) Refusal "WIDE AWAKE" Affirmed [cosmetics, namely, as to all eye shadow and five cited mascara; cosmetics registrations for the skin and eyes; skin creams, lotions and gels, essential oils used as cosmetics] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No "TRUE BLUE" No [air purifying units for use with air respirators] 5 cited registrations, No all owned by the same entity: "AWAKE" [cosmetics and cosmetic soaps, namely, eye shadows, mascara, cleansing creams, gels, lotions; and other goods]; "AWAKE" [full line of cosmetic brushes and sponges]; "AWAKE" (and design) [house mark for a line of cosmetics]; "AWAKE" (in stylized lettering) [house mark for a line of cosmetics; house mark for a line of cosmetic brushes and sponges]; "AWAKE" (and design) [cosmetic utensils, namely, cosmetic brushes and sponges] (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