United States Patent and Trademark Office OG Notices: 18 October 2005

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

9-14            EX              78196985                Grendene, S.A.

9-14            EX              78292708                Totally Low Carb
                                                        Stores, Inc.

9-15            OPP             91156741                Jamison Bedding,
                                                        Inc. v. The Spring
                                                        Air Company

9-16            OPP             91124776                Kmart of Michigan,
                (SJ)                                    Inc. v. Millyon
                                                        Marketing Concepts

9-16            EX              76172450                Sagoma Plastics
                                                        Corp.


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

2(d)            Refusal                                 "IPANEMA"
                Affirmed                                (and design)
                as to both                              [plastic thong
                cited                                   sandals]
                registrations

2(d)            Refusal                                 "TLC FOODS"
                Reversed                                [retail store
                                                        services featuring
                                                        grocery products
                                                        and convenience
                                                        store items]

2(d)            Opposition      "TRUE BALANCE"          "TOTAL BALANCE"
                Sustained       [mattresses and box     [mattresses and box
                                springs]                springs]

2(d);           Opposition      "K MART"                "2K-MART"
affirmative     Sustained       (and other marks        [retail store,
defenses of     (Opposer's      incorporating the term  wholesale
laches and      motion for      "K MART")               distributorships,
acquiescence    summary         [retail variety store   and discount store
                judgment        services and a wide     services featuring
                granted)        variety of goods]       a wide variety of
                                                        products]

2(e)(1)         Refusal                                 "IN MOLD HOLOGRAM"
                Affirmed                                [molding machines,
                                                        molds, tooling and
                                                        parts therefor for
                                                        creating fine
                                                        pattern capable of
                                                        producing
                                                        holographic images
                                                        directly on
                                                        surfaces of molded
                                                        and formed parts
                                                        and products]


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

2 cited registrations,                          No
owned by different
entities:
"IPANEMA"
[swimwear]
and
"IPANEMA"
[footwear]

"T.L.C. CARD THANKS                             No
LOYAL CUSTOMERS"
[retail grocery store
services]

                                                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