United States Patent and Trademark Office OG Notices: 29 August 2006

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

7-25            EX              78239930                Congoleum
                                                        Corporation

7-25            EX              76586067                Elegant Headwear
                                                        Co., Inc.

7-25            EX              76500182                Aesgen, Inc.


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

2(d)            Refusal                                 "PACESETTER"
                Affirmed                                [plastic floor
                                                        covering having a
                                                        water resistant,
                                                        smooth or embossed
                                                        surface in rolls
                                                        or tiles]

2(d)            Refusal                                 "SPA BABY"
                Affirmed,                               [cloth bibs, and
                but only as                             baby outfits,
                to the goods                            namely, rompers and
                in Class 24                             jumpsuits]
                of the cited
                registration

2(d)            Refusal                                 "PROTORIS"
                Affirmed                                [pharmaceutical
                                                        preparations for
                                                        the treatment of
                                                        mucositis and
                                                        inflammation of
                                                        mucous membranes]


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

"P THE PACESETTER                               No
CORPORATION"
(and design)
[home improvement products,
namely, aluminum storm
windows and doors,
replacement prime windows,
windows, doors, patio
covers, and porch and
patio enclosures;
installation of the above
goods]

"BABY SPA"                                      No
(and design)
[in Class 3: infant personal
care products, namely, baby
soap, baby shampoo, baby
lotion, baby oil, and baby
powder; in Class 24: infant
care products, namely, baby
washcloths and towels]

"PROTEROS"                                      No
[herbicides, pesticides,
fungicides, all for
agricultural, domestic,
and commercial uses;
dietary/nutritional
supplement; preparations
for destroying vermin;
food for babies]


(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