United States Patent and Trademark Office OG Notices: 27 April 2004

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

3-25            EX              75537891                Amera
                                                        Wildflower Rizk

3-25            OPP             91124310                Clairol Inc.
                                                        et al. v. Lavar
                                                        Hair Designs LLC

3-25            EX              75866912                Berthold
                                                        Types Ltd.


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

whether the     Refusal                                 "AMERA
matter          Affirmed                                WILDFLOWER RIZK"
applicant       on all                                  (and design)
seeks to        three                                   [in Class 35:
register        grounds as                              modeling for
functions as    to both                                 advertising
a mark for      classes of                              or sales;
its services;   services                                in Class 41:
whether the                                             music, drama
mark in                                                 and modeling
applicant's                                             for artists]
substitute
drawing is a
material
alteration of
the mark in
the original
drawing;
whether
applicant's
specimens
show use of
the mark it
seeks to
register

2(d)            Opposition      "ULTRESS"               "L-TRESS"
                Sustained       [hair tinting,          [shampoo and hair
                                dyeing and              conditioners; hair
                                coloring                extensions]
                                preparations]

2(e)(4)         Refusal                                 "WHITTINGHAM"
                Affirmed                                [typeface fonts,
                                                        namely, alphabet
                                                        symbols and
                                                        graphic fonts,
                                                        recorded on
                                                        magnetic media
                                                        for reproduction
                                                        and duplication
                                                        for the creation
                                                        of texts using
                                                        graphic
                                                        techniques;
                                                        digitally stored
                                                        typefaces, in
                                                        particular on
                                                        electric and/or
                                                        magnetic data
                                                        carriers, magnetic
                                                        discs, CD ROMS and
                                                        diskettes;
                                                        computer software
                                                        in the field of
                                                        desktop
                                                        publishing;
                                                        and computer
                                                        software download-
                                                        able from global
                                                        computer informa-
                                                        tion networks for
                                                        generation of
                                                        typefaces and
                                                        fonts]


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

                                                No

                                                No

                                                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