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