United States Patent and Trademark Office OG Notices: 30 March 2004

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

2-26            EX              76280695                Andrea I.
                                                        Weinstein

2-26            EX              76149873                Kohl's
                                                        Illinois, Inc.

2-26            OPP             91116136                Little Scientists
                                                        Franchise Corp. v.
                                                        Zorix Int'l., Inc.


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

whether         Refusal                                 "RETIREMENT
applicant's     Affirmed                                REBATE PLAN"
original                                                [providing
specimens                                               rebates for
show service                                            online purchases
mark use of                                             made via a portal
her mark on                                             site comprising
her recited                                             participating
services;                                               retail establish-
whether                                                 ments, such pur-
applicant's                                             chases providing
substitute                                              for remittances to
specimens                                               a retirement
were in use                                             account with a
as of the                                               participating
date of filing                                          broker or bank]
of the
amendment
to allege use
and
amendment
to Supp.
Reg.

2(d)            Refusal                                 "BABY AND ME"
                Affirmed                                [maternity
                as to both                              clothing, namely,
                cited                                   woven tops, denim
                registrations                           pants, knit tops,
                                                        pill pants,
                                                        sleepwear, pant
                                                        sets, dresses,
                                                        jumpers, knit
                                                        pants, and shorts]

2(d)            Opposition      "LITTLE                 "YOUNG SCIENTIST"
[whether        Dismissed       SCIENTISTS" and         [scientific toys,
opposer                         "LITTLE                 namely, toy
properly                        SCIENTISTS              telescopes, toy
made of                         A HANDS-ON              microscopes, toy
record any                      APPROACH TO             electronic kits
evidence in                     LEARNING"               and other toy
support of                      (and design)            educational kits
the                             [goods and              comprising slides,
opposition]                     services in             cassettes, and the
                                various classes]        like]


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

                                                No

2 cited registrations                           No
owned by the same
entity:
"BABY 'N ME"
[nursing bras and
maternity foundation
garments, namely,
stockings, panties,
slips and petticoats]
and
"BABY 'N' ME"
[bib for nursing
mothers to use for
discreet breastfeeding]

                                                No


(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