United States Patent and Trademark Office OG Notices: 18 April 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
3-13 EX 78975072 Nutraceutical
Corporation
3-14 EX 78187142 Fresh Mexi-Cali
Grill
3-14 EX 76089226 Epi-genomics AG
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether Refusal "FRESH ORGANICS"
applicant's Affirmed [in Class 31:
mark is as to both fresh fruits
registrable classes and vegetables;
on the [Note: The unprocessed
Supplemental examining cereals;
Register for attorney unprocessed herbs;
certain of did not unprocessed beans;
its goods and refuse unprocessed rice;
services in registration unprocessed grains
Classes 31 for certain for eating;
and 35 of applicant's unpopped popcorn;
[genericness] goods and bulk fresh nuts;
services in raw nuts;
Classes 31 in Class 35:
and 35, viz., retail health food
living natural store services]
plants and
live flowers,
pet food, and
retail bakery
shops.]
2(d) Refusal "FRESH MEXI-CALI
Affirmed GRILL"
(and design)
[restaurant and
catering services]
2(e)(1) Refusal "5TH BASE GENOMICS"
Affirmed [in Class 1:
in Classes diagnostic reagents
1, 5, 9 for scientific
and 42; purposes, including
Refusal forensic examina-
Reversed tion; and other
in Class 38 goods;
in Class 5:
diagnostic reagents
for medical
purposes for diag-
nosing inflamma-
tions, infections,
diseases of the
central nervous
system, heart,
circulation,
neurologic, endo-
crine, autoimmune
and genetic
diseases and
cancers, etc.;
and other goods;
in Class 9:
laboratory equip-
ment, namely, an
apparatus for
testing a sample,
for demonstrating
the presence of
analytical elements
in samples and to
determine types of
samples in
connection with
distribution
patterns; and
other goods;
in Class 38:
providing multi-
user access to the
Internet;
in Class 42:
research and devel-
opment services for
third parties in
the field of diag-
nostic chemicals,
forensic methods,
etc.; and other
services]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"MEXICALI GRILL" No
[restaurant services]
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