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
