United States Patent and Trademark Office OG Notices: 14 September 2004

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                           August 9-13, 2004



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

8-9             EX              76289638                ER Marks, Inc.

8-9             OPP             91156843                Jean
                (SJ)                                    Alexander
                                                        Cosmetics,
                                                        Inc. v.
                                                        L'Oreal
                                                        USA
                                                        Creative,
                                                        Inc.

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

2(d)            Refusal                                 "Q CARD"
                Affirmed                                (and design)
                                                        [credit card
                                                        services]

issue           Opposition      "EQ SYSTEM"             "SHADES EQ"
preclusion      Dismissed       (and design)            (and design)
[as to          (Applicant's    [hair care              [hair care
absence of      motion for      preparations,           products, namely,
likelihood of   summary         namely, shampoo,        shampoos and hair
confusion       judgment        conditioner,            color which are
under Sec.      granted)        styling lotion,         sold to and by
2(d)]                           permanent wave,         professional hair
                                hair dressing]          dressers,
                                                        stylists, and
                                                        salons;
                                                        swatch rings
                                                        containing
                                                        sample hair pieces
                                                        of various colors]

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

"Q-CARD"                                        No
(and design)

                                                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