United States Patent and Trademark Office OG Notices: 08 April 2003

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

3-5             EX              75/932,300              Keith Berry

3-5             CANC            30,339                  R. E. Whittaker
                CANC            30,519                  Co., Inc. v.
                CANC            30,370                  Crystal Magic,
                                                        Inc.

3-5             EX              75/566,613              Iyer Shankar


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

2(e)(1)         Refusal                                 "PetRx.com"
                Affirmed                                [retail services
                as to both                              featuring pet
                classes of                              pharmacy products
                services                                via the global
                                                        computer network;
                                                        providing an on-
                                                        line computer
                                                        database in the
                                                        field of pets]

2(d)            Petition        "CRYSTAL DRY"           "CRYSTAL MAGIC"
                to Cancel       [carpet cleaning        [carpet cleaning
                Granted in      compound for            preparations,
                all three       commercial and/or       namely, cleaners
                cases           industrial carpet       for removing
                                cleaning]               spots on carpets
                                                        and carpet
                                                        extraction
                                                        cleaners];
                                                        "CRYSTALLINE"
                                                        [dry cleaning
                                                        fluids for
                                                        cleaning carpets];
                                                        "CRYSTAL-EX"
                                                        [chemical
                                                        preparations for
                                                        extracting
                                                        moisture from
                                                        carpets]

2(d)            Refusal                                 "SMILE USA"
                Affirmed                                [conducting
                as to both                              seminars for
                classes of                              education and
                services                                training in the
                                                        dental field;
                                                        providing dental
                                                        care services]


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

                                                No

                                                No

2 cited registrations,                          No
both owned by the
same entity:
"SMILE AMERICA"
and "SMILE AMERICA"
(in stylized form)
[both marks registered
for dental care services]


(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