United States Patent and Trademark Office OG Notices: 19 October 2004

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

9-16            EX              76365748                The Trustees of
                                                        the Harold Lloyd
                                                        Film Trust

9-16            EX              76364848                Merz
                                                        Pharmaceuticals,
                                                        LLC


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

2(d)            Refusal                                 mark comprising a
                Affirmed                                stylized graphic
                                                        representation
                                                        of a pair of
                                                        eyeglasses
                                                        [posters;
                                                        coasters]

whether         Refusal                                 "SKIN CARE
the words       Affirmed                                FOR SCARS"
applicant       on grounds                              [pharmaceuticals,
seeks to        of failure                              namely, a gel,
register        to function                             cream, or ointment
function        as a mark                               designed to
as a mark       and lack                                improve the
for its         of acquired                             appearance of
recited         distinctive-                            scars, blemishes,
goods or        ness but                                and other skin
merely as       not on the                              imperfections]
an infor-       basis of
mational        genericness
phrase; if
the words
applicant
seeks to
register
function
as a mark,
whether
the mark
is generic;
whether, if
not generic,
the mark has
acquired
distinctive-
ness under
Section 2(f)


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

mark comprising a                               No
stylized graphic
representation of a
pair of eyeglasses
[postcards, calendars,
stationery]

                                                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