throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Trademark Application of:
`
`Tokuyama Corporation
`
`Serial No.: 76/273,514
`
`Filed: June 19,2001
`Mark: TOKUYAMA
`
`Trademark Examining
`
`Operations
`
`Examining Attorney:
`
`Brian A. Rupp
`
`Law Office: 105
`Box: TTAB FEE
`
`NOTICE OF APPEAL & REQUEST TO REMAND T0 EXAMINER
`
`To the Trademark Trial and Appeal Board:
`
`Applicant hereby appeals from the Official Action of December 15, 2003, maintaining the
`
`final rejection.
`
`Submitted herewith is an Amendment directed to the issues raised by the Examiner and it
`
`is believed that the Examiner may withdraw the final rejection based upon the attached.
`
`Applicant requests that the Board return jurisdiction of the above application to the
`
`Examiner for consideration of the attached Amendment.
`
`A credit card payment fomi in the amount of $100.00 to cover the appeal fee is attached.
`
`Further charges, if any, may be made to Deposit Account No. 06-1368.
`
`Respectfully submitted,
`
`00000093 75273514
`
`01 FC:6403
`
`100.00 [I3
`
` 06/10/2004 TSHITH
`
`
`Date: June 15 2004
`
`By:
`
`—
`lllllllllllllllllllllllllllllllllllllIllllllliilll
`
`06-15-2004
`
`U.S.Pa1:anl& TMo1crrM Mail Hem Dt. #22
`
`et, .W.
`
`
`
`; n, DC. 20004
`
`) 638-6666 (telephone)
`I
`Attorneys for Applicant
`
`AW Dkt N0-I_TT32694US0
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Trademark Application of:
`
`:
`'
`
`Trademark Examining
`Operations
`
`Examining Attorney:
`
`Brian A. Rupp
`Law Office: 105
`Box: Response No Fee
`
`AMENDMENT
`
`Tokuyama Corporation
`
`Serial No.: 76/273,514
`Filed: June 19, 2001
`Mark: TOKUYAMA
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 22202—3513
`
`Sir:
`
`In response to the Office Action issued December 15, 2004, Applicant amends the above
`
`application as follows:
`
`Please delete the address of the applicant set forth in the application and substitute the
`
`following:
`
`———1-1, Mikage-cho, Shunan—shi, YAMAGUCI-I1, JAPAN .---
`
`In addition to the above, Applicant amends the identification of goods as follows:
`
`Please also delete “dental prosthetics” from International Class 5.
`
`Please insert the following wording in International Class 10:
`
`---DENTAL PROSTI-IETICS FOR USE IN THE MANUFACTURE OF
`
`DENTAL BRIDGE, DENT.AL COPING, DENTAL CROWN, DENTAL INLAY,
`
`DENTAL ONLAY, DENTAL CORE DENTAL AND DENTURE.---
`
`Please also amend the application by reclassifying “mothproofing preparations” from
`
`International Class 10 to International Class 5.
`
`

`
`REMARKS
`
`This is in response to the Office Action issued December 15, 2004.
`
`Applicant has complied with the Examiner’s requirement to reclassify “dental
`
`prosthetics” from International Class 5 to International Class 10. While Applicant notes that the
`
`wording “dental prosthetics” was found acceptable, this wording has been supplemented by the
`
`above amendment with additional terms. While Applicant believes that the additional wording is
`
`acceptable, the Examiner is encouraged to contact the undersigned to discuss any changes which
`
`might be required to bring the application into compliance.
`
`Applicant has reclassified, but not amended the wording “mothproofing preparations” as
`
`required by the last Office Action. Attached herewith are copies of Registration No. 2,691,884
`
`and 2,708,236, both of which employ in the identification of goods the wording “mothproofing
`
`preparations.” In View of the attached, Applicant submits that the current wording is acceptable.
`
`However, the Examiner is encouraged to contact the undersigned to discuss any changes which
`
`might be required to bring the application into compliance.
`
`Registration has been refused under Section 2(e)(2) of the Trademark Act on the grounds
`
`that the mark is primarily geographically descriptive of Applicant’s goods. In an effort to
`
`overcome this rejection, Applicant amended the application to seek registration under Section
`
`2(f). This amendment was supported by a Declaration attesting to the many years of substantially
`
`continuous and exclusive use of the mark in commerce. In the accompanying response, it was
`
`pointed out that the mark had been in use for at least one of the goods identified in the
`
`application and that the mark also served as Applicant’s trade name that had been used in
`
`

`
`
`
`association with a variety of goods identified in the application for at least five years prior to the
`
`filing date of the amendment.
`
`The Examiner found insufficient Applicant’s claim of distinctiveness and continued the
`
`rejection under Section 2(e)(2). According to the Examiner, a claim of distinctiveness under
`
`Section 2(f) requires use “as a mar ” and trade name use is not use as a mark.
`
`Reconsideration of this ground of refusal is requested.
`
`In support of this position, Applicant submits the following:
`
`1.
`
`A partial translation of an excerpt of Applicant's Company Register showing
`
`Applicant’s change of address;
`
`2.
`
`A printout of a Yahoo People Search showing 45 telephone listing for individuals
`
`with the Tokuyama surname;
`
`3.
`
`A photograph showing trademark and trade name use of the TOKUYAMA mark
`
`on one of Applicant’s products included in this application;
`
`To establish a prima facie case for refusal to register a mark as primarily geographically
`
`descriptive, the Examiner must show that:
`
`(1)
`
`(2)
`
`(3)
`
`the primary significance of the mark is geographic (TMEP §1210.02(b));
`
`purchasers would be likely to make a goods/place or services/place
`association, i.e., to think that the goods or services originate in the
`geographic place identified in the mark (TMEP §§12l0.04 et seq.); and
`
`the mark identifies the geographic origin of the goods or services (TMEP
`§l210.03).
`
`To support a refusal to register geographic matter, the Trademark Act requires that the
`
`mark be primarily geographic; that is, that its primary significance be that of a geographic
`
`

`
`
`
`location. 15 U.S.C. §§ l052(e)(2) and (3). The fact that a mark might have geographical
`
`significance is not determinative. The geographic significance might not be the primary
`
`significance where the geographic location is obscure and would not be recognized for its
`
`geographic significance. In In re Societe Generale des Eaux Minerales de Vittel S.A., 824 F.2d
`
`957, 3 USPQ2d 1450 (Fed. Cir. 1987), it was held that the primary significance of VIT'I'EL was
`
`not geographic since the evidence was insufficient to establish that public in United States would
`
`perceive VITTEL as the name of a place where cosmetic products originate. The term
`
`WESTPOINT was held not primarily geographic because the primary significance of
`
`WESTPOINT is as the name of the United States Military Academy rather than the town in New
`
`York); In re Norfolk Wallpaper, Inc., 216 USPQ 903 (TRADEMARK TRIAL AND APPEAL
`
`BOARD 1983). If the most prominent meaning or significance of the mark is not geographic, or
`
`if the mark creates a separate readily understood meaning that is not geographic, then a refusal
`
`under §2(e)(2) is not appropriate.
`
`While Applicant amended the mark to seek registration under Section 2(f), it has never
`
`accepted the Examiner’s finding that the primary significance of the mark to the consumer would
`
`be its geographic significance. At the time the application was filed, the mark identified a town in
`
`Japan, but there is nothing in the record to establish that the location was well-known in the
`
`United States or that it is even known at all. Consistent with the courts holding in In re Societe
`
`Generale des Eaux Minerales de Vittel S.A., Supra, there is no evidence to establish that public
`
`in United States would perceive TOKUYAMA as the name of a place where dental products
`
`originate. It is just as likely that the public would assume that TOKUYAMA was a Japanese
`
`

`
`
`
`word or a Japanese surname. On this latter point, Applicant has made of record telephone
`
`directory listings showing that TOKUYAMA is a surname.
`
`This request for reconsideration is based in part on the significant new fact that since the
`
`date of filing, TOKUYAMA is no longer the name of a city in Japan. The area previously
`
`defined as TOKUYAMA has been consolidated with several other smaller municipalities and is
`
`now known as Shunan-shi. Given the change of name, the mark no longer identifies a
`
`geographical location and hence the primary significance of the mark is NOT the geographic
`
`significance and the goods no longer originate from the place name.
`
`In discussions with undersigned counseled, the Examiner indicated that there may be
`
`“residual" geographic significance to the TOKUYAMA designation. Without acknowledging the
`
`soundness of this position, the burden would be on the Examiner to make of record evidence that
`
`there is any “residual” significance. This evidence must extend beyond a mere showing that the
`
`TOKUYAMA designation once identified a city. Absent some evidence that the public would
`
`recognize its geographic significance, it is just as likely that the marks would be perceived as a
`
`surname or some Japanese word.
`
`With respect to the Section 2(1) claim, Applicant has submitted a photograph of product
`
`sold in the United States employing the TOKUYAMA mark and trade name. First, this is
`
`evidence that the mark is in use in commerce. The use of the mark in connection with certain
`
`goods identified in the application should be sufficient to support the previously submitted
`
`Section 2(t) Declaration. Further, as can be seen on the submitted specimen, the TOKUYAMA
`
`CORP. trade name appears prominently on the product and in such a manner that it would
`
`

`
`
`
`identify the Applicant as the source of the goods. Evidence of such use should be adequate
`
`evidence for purposed of a claim under Section 2(fi.
`
`In as much as TOKUYAMA is no longer a geographic location, Applicant’s previous
`
`amendment to section 2(f) has been rendered unnecessary and the Section 2(f) claim should be
`
`deleted.
`
`As Applicant has complied with all of the requirements of the Office Action issued
`
`December 15, 2003, it is respectfully submitted that the instant application is in condition for
`
`publication.
`
`Respectfully submitted,
`
`
`
`"
`
`By:
`
`
`Date: June 15 2004
`
`Atty. Dkt. No.: T32694USO
`
`
`
`400 Seventh Street
`
`Washington, I . 20004
`
`

`
`
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`l«':‘~it'£‘t-Ll“) .“$‘I:-\'{’i*‘..‘i R-\'i‘;—::\*:* av-.1) TR:-'\,,1)l«;‘si.e\t<1tx ():- Mt :: ii
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`Typed Drawing
`
`nix
`
`Word Mark DECATHLON
`
`Goods and
`
`IC 023. US 043. G & S: Yarns for textile use
`
`Services
`
`IC 003. US 001 004 006 050 051 052. G & S: Laundry bleach and
`detergents; all-purpose cleaning, polishing, scouring and abrasive
`preparations; essential oils for personal use; dentrifices; shampoos
`for pets; sun—tanning preparations; depilatory wax; depilatories;
`tissues impregnated with cosmetic lotions; make-up preparations;
`parquet floor wax; shoe wax; scouring solutions
`
`IC 004. US 001 006 015. G & S: Industrial oils; general purpose
`grease, automotive grease, and grease for machines; industrial,
`automotive, graphite, and general purpose lubricants; dust laying
`and absorbing composition for use on unpaved roads, factory floors,
`
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`and construction sites; fuel oil; fuels for aircraft and ships; fiiels for
`motor vehicles, namely, diesel and gasoline; candles; wicks for oil
`lamps; charcoal briquettes; liquid natural gas and propanes,
`firewood, charcoal; lubricating grease for weapons; shoe care oils
`and grease
`
`IC 005. US O06 018 044 046 051 052. G & S: Baby foods;
`mothproofing preparations; antiparasitic collars for pets;
`veterinary cement for repair of animal hooves; medical plasters,
`except dental plasters; contact lens; cleaning solutions; intravenous
`pharmaceutical preparations for use in the treatment of muscular
`pain; medicinal infusions, namely, preparations to be drunk for the
`treatment of muscular pain; sanitizers for industrial or hospital use;
`cedar woods for use as clothing protector and deodorizer
`
`IC 010. US 026 039 044. G & S: Artificial limbs, eyes and teeth,
`orthopedic footwear, braces, belts, bandages, and supports; sutures;
`abdominal trusses; hypodermic needles for medical use; splints;
`elastic bandages; orthopedic bandages for joints; orthopedic support
`stockings for varicose veins; medical belts; orthopedic shoes;
`apparatus for aesthetic massages; medical apparatus for therapeutic
`body exercises; gloves for medical use; condoms; babies‘ bottles;
`baby bottle nipples; dental wax
`
`IC 011. US 013 021 023 031 034. G & S: Electric light fixtures;
`electric and steam radiators for heating buildings; solar panels for
`heating buildings; steam generators; domestic and commercial
`cooking ovens and microwave ovens for cooking; refrigerators;
`clothes dryers; stationary and hand held hair dryers; ventilating fans
`for commercial or industrial use; oven ventilating hoods; air
`conditioning units and air conditioners for vehicles; refrigerated
`display cases; electric pressure cookers; electric bottle heaters;
`bathtubs; barbeque grills; decorative water fountains; oven gas
`i gnitors; electric toasters and toaster ovens; ice-making machines;
`electric lamps; electric lights for Christmas trees; saunas; electric
`coffee makers for domestic and commercial use; solar collectors;
`tanning beds; shower enclosures; domestic, commercial or industrial
`water filtering units
`
`IC 017. US 001 005 012 013 035 050. G & S: Rubber, gutta-percha,
`gum, asbestos, and mica for use in automobile and interior
`
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`manufacture; rubber, gutta-percha, gum, asbestos, and mica in the
`form of pellets, sheets, rods, slabs, and shaped pieces; plastic in
`extruded form for general industrial use; plastic in extruded form for
`use in the manufacture of sports articles; plastic and rubber padding
`for shipping containers; watering hose; rubber pipe connection
`sealing rings; rubber bumpers for loading docks; soundproofing
`materials for buildings; insulating varnishes; insulating gloves;
`floating booms and skimmers to contain oil and other pollution to
`avoid ecological damage; plastic fibers for use in manufacturing
`tires and cord; plastic fibers for use in insulation or filters; plastic
`fibers for use in the manufacture of fabrics and sheets; adhesive
`packing tape for industrial or commercial use; adhesive tape for
`industrial or commercial packing use; rubber bags, pouches and
`envelopes for merchandise packaging; cellulose acetate film used as
`an industrial or commercial packing material; packing film for
`industrial or commercial use; plastic packaging for shipping
`containers; rubber padding for shipping containers; acoustical
`insulation barrier panels; acoustical insulation for building;
`insulation for air conditioners; building insulation; air hoses, fire
`hoses, garden hoses, nonmetal hoses for commercial marine use,
`hoses for pneumatic tools, plastic hoses for swimming pools, rubber
`hose for use in connection with welding
`
`IC 021. US 002 013 023 029 030 033 040 050. G & S: Hair combs;
`
`sponges for household purposes; hair brushers, toothbrushes,
`cleaning brushes, brushes for pets, clothes brushes, shaving brushes,
`and cosmetic brushes; brush—making materials; cleaning cloths,
`pads, brushes, and rags; steel wool for cleaning; unwrought glass
`and semi-wrought glass; porcelain dinnerware and figurines; aerosol
`dispensers not for medical use; heat—insulated vessels for food and
`drink; flasks; billy cans; nonelectric portable iceboxes; cooking
`utensils, namely, grills; fitted picnic baskets; pet feeding dishes;
`combs for pets; watering cans; plastic and rubber household gloves;
`brooms; chamois skins and leather skins for cleaning and polishing;
`toothpicks; bottle openers and Corkscrews; metal boxes for
`dispensing paper towels; soap dispensers; household sponges;
`clothes drying racks; dust bins; insect traps; nonelectric trouser
`presses; crumb brushes and trays; goblets not of precious metal;
`nonelectric carpet sweepers; household utensils, namely, rolling
`pins, spatulas; glass fibers for reinforcing plastics
`
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`IC 022. US 001 002 007 019 022 042 050. G & S: Ropes; string;
`commercial nets; tents; awnings; canvas tarpaulins; sails; sacks or
`bags for the transportation or storage of materials in bulk; cloth bags
`for storage; padding and stuffing material not of plastic; raw fibrous
`textile materials
`
`IC 024. US 042 050. G & S: Fabrics and textile for use in the
`
`manufacture of clothing, shoes, and furniture; bed and table covers;
`unfitted fabric furniture covers; bath linen; billiard cloth; oilcloths;
`textile towels for removing makeup; mosquito nets; sleeping
`sheeting bags, ie, sewn envelopes replacing sheets
`
`IC 026. US 037 039 040 042 050. G & S: Lace trimming and
`embroidery; ribbons and shoelaces; buttons for clothing; hooks and
`eyes; pins and needles for sewing; artificial flowers; safety pins, hair
`pins, and hat pins; ornamental novelty pins; clasps for clothing;
`bands and nets for the hair; hair pins and clips; hair pieces; press
`buttons; fun ornamental accessories; ornamental novelty badges
`
`IC 027. US 019 020 037 042 050. G & S: Carpets; rugs; floor and
`door mats; wall hangings not of textile; floor mats for automobile;
`bath mats, artificial turf
`
`IC 036. US 100 101 102. G & S: Insurance brokerage; insurance
`underwriting in the fields of life insurance, health insurance,
`property insurance, sports insurance, and travel insurance; insurance
`administration; insurance consultation; financial management;
`financial research; real estate brokerage; real estate agencies; real
`estate management; real estate investment; banking; credit card
`services; currency exchange; monetary exchange; financial
`exchange; traveler's check issuance; charitable fund raising;
`management of apartment buildings; rental of non-portable
`buildings
`
`IC 038. US 100 101 104. G & S: Telecommunication, services,
`namely, personal communications, and electronic transmission of
`voice, images and data; electronic transmission of data and
`documents via computer terminals; radio and television
`broadcasting not relating to athletic competitions; electronic
`transmission of messages and data
`
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`IC 042. US 100 101. G & S: Restaurant services; providing
`temporary housing accommodation; medical and health care
`services; beauty salons; veterinary services; agricultural advice;
`legal services; scientific and industrial research; computer
`programming for others; detective agencies; night watchman
`services; marriage bureaus; chemical analysis; animal breeding;
`animal grooming; architecture design; copyright consultation and
`management; providing Turkish bath facilities; videotaping bar
`services; patent consultation; cafe and restaurant services; cafeterias;
`providing campground facilities; canteen services; chiropractic
`services; social clubs; hairdressing salons; computer consultation;
`costume consultation; underwater exploration; horoscope
`forecasting; landscape gardening and design for others; intellectual
`property licensing; computer software programming and updating
`for others; message; news agencies
`
`1c 041. US 100 101 107. G & s: Videotaping
`
`Mark
`
`Drawing
`Code
`
`Serial
`
`Number
`
`(1) TYPED DRAWING
`
`75980719
`
`Filing Date
`
`February 1 l, 1998
`
`Current
`
`Filing Basis
`
`Original
`Filing Basis
`
`Published for
`
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`44E
`
`44E
`
`December 10, 2002
`
`2691884
`
`March 4, 2003
`
`(REGISTRANT) DECATHLON SOCIETE ANONYME FRANCE
`4, Boulevard de Mons 59650 Villeneuve D‘Ascq FRANCE
`
`Attorney of
`Record
`
`VIRGIL H. MARSH
`
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`,
`P“°_’
`Reglstratlons
`
`1207915;1657454
`
`Type "f
`Mark
`
`TRADEMARK. SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`
`
`smucwm
`
`Pmzvnoc Naxrnoc LASTDOC
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`
`Goods and IC 005. US 006 018 044 046 051 052. G & S: Agents affecting
`Services
`central nervous system, namely, nervous system stimulants,
`antipyretic analgesics, anti-epileptics, analeptics, hypnotic sedatives,
`general anesthetics and anti-dizziness agents; Agents affecting
`peripheral nervous system, namely, local anesthetics, skeletal muscle
`relaxants, anhydrotics, autonomics, spasmolytics and diaphoretics;
`Agents affecting sensory organs, namely, ophthalmic use agents and
`otorhinolar use agents; Antiallergic agents, namely, anti-histamines
`and stimulation therapy agents; Cardiovascular agents, namely,
`cardiotonics, antihypertensive agents, vasoconstrictive agents,
`vasosupportive agents, cerebral hemorrhage prophylactics,
`
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`antiarrhythmic agents and diuretics; Agents affecting respiratory
`organs, namely, respiratory stimulants, anti—cough drops and
`anti-tussive expectorants; Agents affecting digestive organs, namely,
`gastrointestinal cleaning agents, clysters, enemas, purgatives,
`evacuants, stomachics/digestives, agents for oral use, namely,
`medicare mouthwash, mouth cavity cleanser, emetics, medicines for
`dental purposes, namely, procaine anesthetics and nitrous oxide,
`antacids, antidiarrheals, anti-emetics, castor oil for medical purposes,
`tooth prophylactics and choleretics; Hormones for medical purposes,
`namely, thyroid/parathyroid hormone preparations, mixed hormone
`preparations, estrogens, pancreatic hormone preparations, salivary
`gland hormone preparations, androgens, pituitary hormone
`preparations and adrenal hormone preparations; Urogenital or anal
`treatment agents, namely, oxytocics, antihemorrhoidals,
`emmenagogues, urinary disinfectants and contraceptives;
`Dermatological preparations, namely, dennatics for purulence,
`anti-dermoinfectives, skin disinfectants, astringents for medical
`purposes, cataplasms, anti—inflammatory agents, analgesics,
`antipruritic agents, medicated handwashes, hair remedies, namely,
`hair growth stimulants, medicated baby oils, medicated baby powders
`and medicated bath preparations; Vitamin preparations, namely,
`cod-liver oil drops, mixed vitamin preparations, vitamin A
`preparations, vitamin C preparations, vitamin D preparations, vitamin
`B preparations and multi—vitamin preparations; Amino acid
`preparations, namely, threonine, tryptophane, methionine and lysine
`for use as dietary supplements. Nutrients, tonics and denaturizers,
`namely, royal jelly for medical purposes, calcium preparations,
`chondroitin preparations, food enriching preparations, organotherapy
`preparations, protein/amino acid preparations, saccharide
`preparations, mineral preparations, medicinal alcoholic beverages and
`organic acid preparations, all for use as dietary supplements; Agents
`for blood, namely, anticoagulants, blood substitutes, blood plasma
`and hemostatics; Metabolic agents, namely, antidotes, enzyme
`preparations, lactagogues, lipotropic factor preparations and habitual
`intoxication treating agents; Cellular function activating agents,
`namely, chlorophyll preparations and dyes; Tumor suppressing
`agents, namely, anti—cancer preparations and anti—sarcoma
`preparations; Agents for treating physically caused lesions, namely,
`heatstroke treating agents and radiation sickness treating agents;
`Agents for treating chemically caused lesions, namely, anti—chlorine
`poisoning preparations, anti-arsenic poisoning preparations and
`
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`anti-benzol poisoning preparations; Antibiotic preparations, namely,
`erythromycin preparations, chloramphenicol preparations,
`colistin-polymixin preparations, salkomycin and its preparations,
`streptomycin and its preparations, thiolutin preparations, tetracycline
`and its preparations, trichomycin and its preparations, mixed
`antibiotic preparations and penicillin and its preparations;
`Chemotherapeutic agents, namely, antisyphilitics, antituberculotic
`agents, sulfonamide preparations and antileprosy agents; Biological
`preparations for medical purposes, namely, antitoxic serums,
`antitoxins, clinical or medical diagnostic aids for biological tests,
`namely, toxoids toxins and vaccines; Parasiticides, namely,
`anthelmintics, parasiticides and antiprotozoals for use in the treatment
`of humans, pets and livestock; Agents for dispensing use, namely,
`corri gent in the nature of offensive smell and taste correctives;
`Diagnostic preparations, namely, x-ray contrast media, diagnostic
`reagents and diagnostic media for medical or clinical use; Isotope
`labelling substances for treatment or diagnosis; Narcotics, namely,
`opium alkaloid preparations, synthetic narcotics and coca alkaloid
`preparations. Crude drugs, charred drugs and Moxa for use in the
`treatment of pain relief; Veterinary preparations, namely,
`mosquito-repellent incenses; general purpose germicides, fungicides,
`rodenticides, rat poison, insecticides, pesticides, fumigants, and
`herbicides all for domestic, agricultural and horticultural uses;
`deodorants not for personal use; insect repellents and mothproofing
`preparations; antiseptics; dental impression materials; medical oiled
`papers; gauze for dressing wounds; unit dose capsules sold empty for
`pharmaceutical use; ear bandages; menstruation bandages;
`menstruation tampons; menstruation sanitary napkins and pads;
`menstruation panties and knickers; absorbent cotton for medical use;
`medical adhesive plaster; surgical bandages for dressing wounds;
`collodion, namely, a yellow syrup liquid used for fixing bandages or
`covering an affected part; incontinence diapers and napkins for
`incontinents; semen for artificial insemination; powdered milk for
`babies, lactose milk sugar for use as a dietary supplement; fly
`catching paper; and mothproofing paper
`
`Mark
`
`Drawing
`Code
`
`Design
`Search
`
`(2) DESIGN ONLY
`
`030901 030924 261121
`
`3of4
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`TESS - Document Display
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`.
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`http://tess2.uspto.gov/binfshowfield?f%doc&state=m4tnd...
`
`Code
`
`Serial
`
`Number
`
`75456464
`
`Filing Date March 25, 1998
`
`nB
`
`fasis 44E
`
`Original
`Filing Basis
`
`Published
`
`1B ;44D
`
`for
`
`January 28, 2003
`
`Opposition
`
`Registration 2708236
`Number
`
`Registration
`Date
`
`.
`April 22, 2003
`
`Owner
`
`(REGISTRANT) SSP Co. Ltd. CORPORATION JAPAN 12-4
`Nihonbashihama-cho 2-chome Chuo-ku, Tokyo JAPAN
`
`Attorney of
`Record
`
`.
`.
`Raml S. Yannl
`
`Priority
`Date
`
`October 20 1997
`’
`
`Description The mark is lined for the colors green and blue.
`of Mark
`
`Type of
`Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`NEWUSER Smucwv
`'
`-
`i'~*«-=—=w*m' Fins-T Dec
`
`
`HELP
`
`HOME | INDEX 1 SEARCH I SYSTEM ALERTS | BUSINESS CENTER |
`NEWS&NOTECES |
`CONTACT us | PRIVACY STATEMENT
`
`4 of4
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`

`
`(Partial Translation)
`
`CERTIFIED COPY OF COMPANY REGISTER
`
`Trade Name:
`
`TOKUYAMA CORPORATION
`
`Change of Address:
`
`Old Address:
`
`1-1 Mikage-cho, Tokuyama, Yamaguchi, Japan
`
`New Address:
`
`1-1, Mikage-cho, Shunan-shi, YAMAGUCHI, JAPAN
`
`Changed On:
`
`April 21, 2003
`
`Recorded On:
`
`April 21, 2003
`
`Date of Establishment of Company: February 16, 1918
`
`Name and Address of Representative Director:
`
`Shigeaki NAKAI-IARA
`
`19-25, Shimoochiai 4-chome, Shinjuku-ku, Tokyo, Japan
`
`The above is a Certified Copy of Company Register.
`
`Dated:
`
`December 25, 2003
`
`Yamaguchi Legal Affairs Bureau
`
`Shunan Branch
`
`Registry Officer: M. Matsushita (Sealed)
`
`

`
`
`
`Yahoo! People Search ,
`
`http://phone.peop1e.yahoo.com/py/psPhoneS earch.py?sr...
`
`Yahoo! MvYahoo! @
`PEOPLE
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`'X5lH°°!.sEAncH@ ? Sign Up
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`I
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`firsrl
`
`last Itokuyama
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`city I
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`state Entire LEA
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`.1535
`
` :2::¥aheeliSeafr.¢li::§.3
`
`
`
`FEATURED SPONSOR
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`0 Flnd tokuyama In Peog|eData - $10 for all Phone Numbers 8. Addresses. Background Checks. Satellite Photos.
`www.Peop|eData.com
`
`PEOPLE SEARCH RESULTS 1. - 10 of 45 results
`
`Name
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`Arnold Tokuvarna
`
`Arnold Tokuyama
`
`Bettylou Tokuyama
`
`C Tokuvama
`
`Cris Tokuyama
`
`Greg M Tokugama
`
`Hirokazu Tokuyama
`
`Hisako Tokuyama
`
`Izuru Tokuyarna
`
`Jeannette Y Tokuyama
`
`Showing 1 - 10 of 45
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`Address
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`Kailua Kona. HI
`Add to Address Book, Mag
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`74-5066 Kealapua St
`Kailua Kona, HI
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`Venlura. CA
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`Honolulu, HI
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`San Diego. CA
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`1824 Bradford Pl
`Harvey, LA
`Add to Address Book, Mag
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`1606 Lexington Ave
`New York. NY
`Add to Address Book, Mag
`4400 El Rancho Dr
`Sun Valley, NV
`Add to Address Book, mg
`418 N State St
`Ann Arbor, MI
`Add to Address Book, Mag
`
`1987 Royal Ave
`Simi Valley. CA
`Add to Address Book, flag
`
`Phone
`
`(808) 329-3834
`
`(808) 329-6754
`
`(805)650-8712
`
`(808) 946-7024
`
`(619) 296-1332
`
`(504)365-1104
`
`(212) 343-7252
`
`(775) 573-5321
`1
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`(734) 3324313
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`(305) 527-3306
`
`First] Previous | Next] Last
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`0 FOUND: tokuyama - $10 for All Phone Numbers and Addresses. tokuyama Found in Peopleflata.
`www.Peop|eData.com
`
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`Search the Web:
`
`I tokuyama
`
`
`
`Yel1'oo1 Search
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`Data by Acxiom - cogyright notice
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`Privacy Policy - Terms of Service - Coggright Policy
`
`Iofl
`
`6/1/2004 12:00 PM
`
`

`
` '
`
`httpzllphone.pcop]e.yahoo.com/py/psPhoneSeaIch.py?Fi. ..
`
`Yahoo!Peop1e Search .
`
`.
`
`;;
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`%
`
`Yahoo! My Yahoo! @
`3§1HoO!,£ER§él§
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`§191IUI_n
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`Your People Search:
`
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`the web I
`
`Search 1
`
`Peogle Search Home — Helg
`
`Create 1 Edit My Listing - Remove My Listing
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`firstl
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`last Iiokuyama
`
`city|
`
`state fitire USA
`
`Yahoo! Search I
`
`FEATURED SPONSOR
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`0 Find tokuyama In Peoglenata - $10 for all Phone Numbers 8. Addresses. Backround Checks. Satellite Photos.
`www.PeopleData.eom
`
`PEOPLE SEARCH RESULTS 41 — 45 of 45 results
`
`Name
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`Y Tokuyama
`
`Yoshi Tokuyama
`
`Yukarl Tokuyama
`
`Yulcarl Tokuyarna
`
`Yuklnori Tokuyama
`
`Showing 41 - 45 of 45
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`FEATURED SPONSOR
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`Address
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`Martinez, CA
`Add to Address Book, mg
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`9789 E Pine Valley Rd
`Scottsdale, AZ
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`3709 Drake Ave
`Cincinnati. OH
`Add to Address Book, mg
`9384 Cardinal Ct
`Cincinnati, OH
`Add to Address Book, M_aQ
`403 Russell Park
`Davis, CA
`Add to Address Book, Map
`
`Phone
`
`(925) 313-9003
`
`(480) 767-5755
`
`(513) 351-0330
`
`(513) 984-2497
`
`(530) 758-0043
`
`First | Previous | Nexl| Last
`
`0 FOUND: tokuyama - $10 for All Phone Numbers and Addresses. tokuyama Found in Peop|eData.
`www.PeopleData.com
`
`
`Search the Web:
`
`|lokuyama
`
`
`- Yahoo!-Searoh I
`
`
`Advanced Web Search
`
`Data by Acxiom - ogyright notice
`
`Copyright © 2004 Yahoo! Inc. All rights reserved.
`Privacy Policy - Terms of Service - Cogyright Policy
`
`Iofl
`
`6/1/2004 12:00 PM
`
`

`
`

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