From: Lott, Maureen D.
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`Sent: 1/29/2012 1:14:20 PM
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`To: TTAB EFiling
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`CC:
`
`Subject: U.S. TRADEMARK APPLICATION NO. 85014843 - SK-INFLUX - 512425-
`8135 - EXAMINER BRIEF
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`
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`*************************************************
`Attachment Information:
`Count: 1
`Files: 85014843.doc
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`
`
`Sent: 1/29/2012 1:14:20 PM
`
`To: TTAB EFiling
`
`CC:
`
`Subject: U.S. TRADEMARK APPLICATION NO. 85014843 - SK-INFLUX - 512425-
`8135 - EXAMINER BRIEF
`
`
`
`*************************************************
`Attachment Information:
`Count: 1
`Files: 85014843.doc
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`
` APPLICATION SERIAL NO.
`
`85014843
`
`
`
`
`
`
`*85014843*
`
`
`GENERAL TRADEMARK INFORMATION:
`http://www.uspto.gov/main/trademarks.htm
`
`TTAB INFORMATION:
`http://www.uspto.gov/web/offices/dcom/ttab/index.html
`
`
`
`
`
` MARK: SK-INFLUX
`
`
`
`
`
` Evonik Goldschmidt GmbH
`
`
`
`
` CORRESPONDENT ADDRESS:
`
` WILLIAM F LAWRENCE
` FROMMER LAWRENCE & HAUG LLP
` 745 5TH AVENUE
` NEW YORK, NY 10151-0099
`
`
` APPLICANT:
`
` CORRESPONDENT’S REFERENCE/DOCKET NO:
` 512425-8135
` CORRESPONDENT E-MAIL ADDRESS:
` docket@flhlaw.com
`
`EXAMINING ATTORNEY'S APPEAL BRIEF
`
`Applicant, Evonik Goldschmidt GmbH, has appealed the examining attorney's final
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`
`
`
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`refusal to register the mark “SK-INFLUX” under Section 2(d) of the Trademark Act on
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`the basis that it is likely to cause confusion with the “SK” and design marks in
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`Registration Nos. 2759298, 3422863, and 3411705.
`
`FACTS
`
`Applicant applied to register the mark “SK-INFLUX” on the Principal Register in
`
`connection with “chemical products for use in industry, namely, additives and auxiliary
`
`agents for the production of cosmetic and pharmaceutical products.” Registration was
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`refused under Trademark Act Section 2(d), 15 U.S.C. §1052(d), based on a likelihood of
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`confusion with the marks for “SK” and design in Registration Nos. 2759298, 3411705
`
`
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`and 3422863.1 This appeal follows the Examining Attorney’s final refusal under Section
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`2(d).2
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`
`
`
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`The sole issue on appeal is whether applicant's mark “SK-INFLUX” is likely to cause
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`ISSUE
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`confusion with the “SK” and design marks in Registration Nos. 2759298, 3411705 and
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`3422863, pursuant to Trademark Act Section 2(d), 15 U.S.C. §1052(d).
`
`ARGUMENT
`
`Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles
`
`a registered mark that it is likely that a potential consumer would be confused or
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`mistaken or deceived as to the source of the goods and/or services of the applicant and
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`registrant. See 15 U.S.C. §1052(d). The court in In re E. I. du Pont de Nemours & Co.,
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`476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) listed the principal factors to be
`
`considered when determining whether there is a likelihood of confusion under Section
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`2(d). See TMEP §1207.01. However, not all the factors are necessarily relevant or of
`
`equal weight, and any one factor may be dominant in a given case, depending upon the
`
`evidence of record. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1355,
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`98 USPQ2d 1253, 1260 (Fed. Cir. 2011); In re Majestic Distilling Co., 315 F.3d 1311,
`
`1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont, 476 F.2d at 1361-
`
`62, 177 USPQ at 567. In this case, the following factors are the most relevant: similarity
`
`of the marks, similarity of the goods and/or services, and similarity of trade channels of
`
`
`1 The examining attorney had also cited U.S. Registration No. 3301847 as a bar to registration under
`Trademark Act Section 2(d). However, the refusal as to Registration No. 3301847 is now withdrawn.
`2 The refusal as to Registration No. 3411705 is limited to applicant’s chemical products for use in industry,
`namely, additives and auxiliary agents for the production of pharmaceutical products.
`
`
`
`the goods and/or services. See In re Dakin’s Miniatures Inc., 59 USPQ2d 1593 (TTAB
`
`1999); TMEP §§1207.01 et seq.
`
`Taking into account the relevant du Pont factors, a likelihood of confusion
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`determination in this case involves a two-part analysis. See In re E. I. du Pont de
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`Nemours & Co., 476 F.2d 1357, 1361-62, 177 USPQ 563, 567 (C.C.P.A. 1973); In re 1st
`
`USA Realty Prof’ls Inc., 84 USPQ2d 1581, 1584 (TTAB 2007); see also In re Dixie
`
`Rests. Inc., 105 F.3d 1405, 1406-07, 41 USPQ2d 1531, 1533 (Fed. Cir. 1997). The
`
`marks are compared for similarities in their appearance, sound, connotation and
`
`commercial impression. TMEP §§1207.01, 1207.01(b). The goods and/or services are
`
`compared to determine whether they are similar or commercially related or travel in the
`
`same trade channels. See Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-
`
`65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002); Han Beauty, Inc. v. Alberto-Culver Co., 236
`
`F.3d 1333, 1336, 57 USPQ2d 1557, 1559 (Fed. Cir. 2001); TMEP §§1207.01,
`
`1207.01(a)(vi).
`
`The overriding concern is not only to prevent buyer confusion as to the source of the
`
`goods and/or services, but to protect the registrant from adverse commercial impact due
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`to use of a similar mark by a newcomer. See In re Shell Oil Co., 992 F.2d 1204, 1208, 26
`
`USPQ2d 1687, 1690 (Fed. Cir. 1993). Therefore, any doubt regarding a likelihood of
`
`confusion determination is resolved in favor of the registrant. TMEP §1207.01(d)(i); see
`
`Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001,
`
`1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6
`
`USPQ2d 1025, 1025 (Fed. Cir. 1988).
`
`I. Similar Marks
`
`
`
`Applicant’s mark is highly similar to the registered marks. Applicant’s mark is the
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`standard character mark “SK-INFLUX.” Each registered mark is comprised of the term
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`“SK” and a design element. The dominant term in each of the marks are the letters “SK.”
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`Applicant’s mark merely adds the term “INFLUX” to the literal element of the
`
`registered marks. Significantly, the mere addition of a term to a registered mark
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`generally does not obviate the similarity between the marks nor does it overcome a
`
`likelihood of confusion under Trademark Act Section 2(d). See In re Chatam Int’l Inc.,
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`380 F.3d 1340, 71 USPQ2d 1944 (Fed. Cir. 2004) (GASPAR’S ALE and JOSE
`
`GASPAR GOLD); Coca-Cola Bottling Co. v. Jos. E. Seagram & Sons, Inc., 526 F.2d
`
`556, 188 USPQ 105 (C.C.P.A. 1975) (BENGAL and BENGAL LANCER); Lilly
`
`Pulitzer, Inc. v. Lilli Ann Corp., 376 F.2d 324, 153 USPQ 406 (C.C.P.A. 1967) (THE
`
`LILLY and LILLI ANN); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266 (TTAB 2009)
`
`(TITAN and VANTAGE TITAN); In re El Torito Rests., Inc., 9 USPQ2d 2002 (TTAB
`
`1988) (MACHO and MACHO COMBOS); In re Corning Glass Works, 229 USPQ 65
`
`(TTAB 1985) (CONFIRM and CONFIRMCELLS); In re U.S. Shoe Corp., 229 USPQ
`
`707 (TTAB 1985) (CAREER IMAGE and CREST CAREER IMAGES); In re Riddle,
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`225 USPQ 630 (TTAB 1985) (ACCUTUNE and RICHARD PETTY’S ACCU TUNE);
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`TMEP §1207.01(b)(iii).
`
`“SK” will be the first term used by consumers when calling for the respective goods.
`
`Consumers are generally more inclined to focus on the first word, prefix or syllable in
`
`any trademark or service mark. See Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin
`
`Maison Fondee En 1772, 396 F. 3d 1369, 1372, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005);
`
`see also Mattel Inc. v. Funline Merch. Co., 81 USPQ2d 1372, 1374-75 (TTAB 2006);
`
`
`
`Presto Prods., Inc. v. Nice-Pak Prods., Inc., 9 USPQ2d 1895, 1897 (TTAB 1988) (“it is
`
`often the first part of a mark which is most likely to be impressed upon the mind of a
`
`purchaser and remembered” when making purchasing decisions).
`
`Additionally, applicant’s mark is a standard character mark. A mark in standard
`
`characters may be displayed in any lettering style; the rights reside in the wording or
`
`other literal element and not in any particular display. TMEP §1207.01(c)(iii); see 37
`
`C.F.R. §2.52(a). It is, therefore, presumed that applicant’s mark may be displayed in a
`
`manner similar to each registered mark.
`
`Applicant argues that the term “INFLUX” distinguishes its mark from each of the
`
`registered marks. In particular, applicant claims its mark would be perceived and
`
`pronounced as “skin flux.” The examining attorney respectfully disagrees. First, it has
`
`been commonly held by the Board that there is no correct pronunciation of a mark
`
`because it is impossible to predict how the public will pronounce a particular mark. See
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`Centraz Indus. Inc. v. Spartan Chem. Co., 77 USPQ2d 1698, 1701 (TTAB 2006); In re
`
`Lamson Oil Co., 6 USPQ2d 1041, 1042 n.3 (TTAB 1987); TMEP §1207.01(b)(iv).
`
`Second, and more importantly, the applicant’s interpretation is without merit.
`
`Notably, there is a hyphen after “SK.” This hyphen separates “SK” from the English
`
`word “influx,” which is a complete word with its own meaning. Thus, it is highly
`
`unlikely that consumers would reconfigure the letters in the mark rather than state the
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`literal elements as presented. If applicant desired that connotation, it could have
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`presented the mark as “SKIN FLUX.” By placing the hyphen where it is, the primary
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`emphasis is on the leading term “SK,” and this term will form a notable impression that
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`consumers will use when they call on the goods.
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`
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`Applicant also contends the term “SK” is weak or diluted. In support of its argument,
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`applicant refers to the excerpts containing third-party registrations for several marks
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`comprised in part of the term “SK,” which were attached to its previous Office action
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`responses. This argument is inapposite.
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`Applicant’s evidence fails to show that the term “SK” is weak or diluted in the
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`relevant fields of cosmetic and pharmaceutical goods. For example, applicant provided
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`information for U.S. Registration No. 3933914 for “SK DYNE” (formerly Application
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`No. 79086309). However, this registration is for industrial adhesives. Applicant also
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`included registration information for U.S. Registration No. 3438660 for “SK-Electronics”
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`and design. However, this registration covers a variety of electronic goods and related
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`manufacture and design services. The goods and services in these registrations are
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`completely unrelated to the goods in the pharmaceutical and cosmetic fields that are
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`covered by the application and registration at issue in this case.
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`What’s more, even assuming arguendo that marks containing the term “SK” are
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`weak, the Court of Appeals for the Federal Circuit and the Trademark Trial and Appeal
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`Board have recognized that marks deemed “weak” or merely descriptive are still entitled
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`to protection against the registration by a subsequent user of a similar mark for closely
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`related goods and/or services. In re Colonial Stores, Inc., 216 USPQ 793, 795 (TTAB
`
`1982); TMEP §1207.01(b)(ix); see King Candy Co. v. Eunice King’s Kitchen, Inc., 496
`
`F.2d 1400, 1401, 182 USPQ 108, 109 (C.C.P.A. 1974). This protection extends to marks
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`registered on the Supplemental Register. TMEP §1207.01(b)(ix); see, e.g., In re Clorox
`
`Co., 578 F.2d 305, 307-08, 198 USPQ 337, 340 (C.C.P.A. 1978); In re Hunke &
`
`Jochheim, 185 USPQ 188 (TTAB 1975).
`
`
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`For these reasons, the overall appearance, sound and commercial impression of each
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`mark is very similar. Applicant’s mark contains the entirety of the wording in each
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`registered mark, and it is presumed that applicant’s mark may be displayed in a manner
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`similar to each registered mark. Moreover, because consumers are likely to focus and to
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`call on the “SK” portions of the marks, the overall commercial impressions of the marks
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`are similar. Therefore, it is likely that consumers would be confused as to the origin of
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`applicant’s goods and mistakenly believe that applicant’s and registrant’s goods are
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`among the same “SK” line of goods.
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`II. Related Goods
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`The goods and/or services of the parties need not be identical or directly competitive
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`to find a likelihood of confusion. See Safety-Kleen Corp. v. Dresser Indus., Inc., 518
`
`F.2d 1399, 1404, 186 USPQ 476, 480 (C.C.P.A. 1975); TMEP §1207.01(a)(i). Rather, it
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`is sufficient to show that because of the conditions surrounding their marketing, or
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`because they are otherwise related in some manner, the goods and/or services would be
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`encountered by the same consumers under circumstances such that offering the goods
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`and/or services under confusingly similar marks would lead to the mistaken belief that
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`they come from, or are in some way associated with, the same source. In re Iolo Techs.,
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`LLC, 95 USPQ2d 1498, 1499 (TTAB 2010); see In re Martin’s Famous Pastry Shoppe,
`
`Inc., 748 F.2d 1565, 1566-68, 223 USPQ 1289, 1290 (Fed. Cir. 1984); TMEP
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`§1207.01(a)(i).
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`Applicant’s goods are chemical additives and auxiliary agents for the production of
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`cosmetic and pharmaceutical products. The examining attorney will separately discuss
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`below how these goods are related to the goods in each registration.
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`
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`A. U.S. Registration No. 2759298
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`The goods in U.S. Registration No. 2759298 include: “chemical additives for use in
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`the manufacture of pharmaceuticals and cosmetics; chemicals for use in the manufacture
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`of pharmaceuticals; synthetic resins for use in the manufacture of cosmetics.” These
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`goods are nearly identical to or overlap applicant’s goods. Because registrant’s additives
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`and chemicals are broadly identified, it is presumed that they include additives and
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`chemicals for the production of cosmetic and pharmaceutical products that are identical
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`to applicant’s goods. Therefore, applicant’s goods are highly related to registrant’s
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`goods, if not identical.
`
`The record contains registration information on numerous third-party marks
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`registered in connection with a variety of chemical goods for use in manufacturing or
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`producing cosmetics. Some examples are listed below:
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`• Registration No. 3199138 for “NOURICEL” covers chemical additives for use in
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`the manufacture of cosmetic creams and lotions, and chemical additives for use in
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`the manufacture of hair, scalp, nail and cuticle care products (May 25, 2010
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`Office action, pp. 12-14).
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`• Registration No. 2945969 for “NIKKOL” covers chemicals for use in the
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`manufacture of cosmetics and chemicals for use in the manufacture of cosmetic
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`pencils, cosmetic pads, eye makeup, facial makeup and foundation makeup (May
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`25, 2010 Office action, pp. 18-20).
`
`• Registration No. 3621434 for “NANOSOLVE” covers additives for products in
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`the cosmetics industry, in particular mixtures and solutions of phospholipids,
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`polyols, carbohydrates and lipids (January 3, 2011 Office action, pp. 59-61).
`
`
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`• Registration No. 3816360 for “LATITUDE 40°” covers aqueous aromatic
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`additives for use in the manufacture of cosmetics and water fragrances for use in
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`the manufacture of cosmetics (January 3, 2011 Office action, pp. 75-77).
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`• Registration No. 3587773 for “BELLTANICALS” covers chemicals for use in the
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`manufacture of fragrances, namely, esters, acids, and aldehydes. It also covers
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`fragrances for use in manufacturing toiletries and cosmetics (January 3, 2011
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`Office action, pp. 105-107).
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`• Registration No. 3313857 for “OILSBYNATUREINC.” and design covers
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`botanical extracts for use in making cosmetics and chemical additives for use in
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`the manufacture of cosmetics (July 21, 2011 final Office action, pp. 120-122).
`
`The record also contains registration information on numerous third-party marks
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`registered in connection with a variety of chemical goods for use in manufacturing or
`
`producing pharmaceuticals. For example, please see the following:
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`• Registration No. 3659406 for “SHASUN” broadly covers chemical additives for
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`use in the manufacture of pharmaceuticals (May 25, 2010 Office action, pp. 35-
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`37).
`
`• Registration No. 3257144 for “SAFC SUPPLY SOLUTIONS” covers a full line
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`of chemicals for manufacturing use, which presumably include those for use in
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`the manufacture of applicant’s full line of pharmaceutical preparations for in vitro
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`pharmaceutical diagnostic preparations for medical use and full line of diagnostic
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`and therapeutic preparations and substances for in vivo use (May 25, 2010 Office
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`action, pp. 38-40).
`
`
`
`• Registration No. 3776408 for “MJPRRS” covers goods including chemicals or
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`chemical preparations for use by others in manufacturing pharmaceutical
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`preparations, and chemicals, chemical compounds and chemical formulations for
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`use by others in the manufacturing of pharmaceutical preparations (May 25, 2010
`
`Office action, pp. 43-45).
`
`• Registration No. 2942508 for “COMGENEX” covers chemicals used in the
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`discovery, development and manufacture of pharmaceuticals and drugs (May 25,
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`2010 Office action, pp. 79-81).
`
`• Registration No. 3881710 for “TRANSMTS” covers peptide compounds for use
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`in the manufacture of pharmaceutical preparations, and chemicals, namely,
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`peptide substrates used to deliver treatments topically through the skin (January 3,
`
`2011 Office action, pp. 47-49).
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`• Registration No. 3621434 for “NANOSOLVE” covers chemical additives for
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`products in the pharmaceutical industry for human consumption or topical
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`application, in particular, mixtures and solutions of phospholipids, polyols,
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`carbohydrates and lipids. (January 3, 2011 Office action, pp. 59-61).
`
`• Registration No. 3349449 for “SUPERNUS PHARMACEUTICALS” covers
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`chemicals and excipients used in the manufacture of pharmaceuticals, namely,
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`formulations which promote controlled release, reduced abuse potential, enhanced
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`solubility, enhanced permeability or enhanced absorption of pharmaceutical
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`agents (July 21, 2011 final Office action, pp. 112-114).
`
`The internet evidence of record also establishes that the same entity commonly
`
`provides a variety of chemical goods for use in manufacturing or producing cosmetics or
`
`
`
`for use in manufacturing or producing pharmaceuticals. These goods are sold or
`
`provided through the same trade channels and used by the same classes of consumers in
`
`the same fields. In particular, please see the following excerpts:
`
`• Givaudan® focuses on the design, production and commercialization of
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`perfumery raw materials and specifically provides ingredients (May 25, 2010
`
`Office action, pp. 67-71).
`
`•
`
`•
`
`Innovation Laboratories, Inc. develops, manufactures and markets ingredients for
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`the cosmetic and pharmaceutical industries (January 3, 2011 Office action, p. 27).
`
`IFF develops, manufactures and provides flavor and fragrance ingredients for
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`goods, including cosmetic items (January 3, 2011 Office action, pp. 94-95).
`
`• Cosmedical Technologies®, Inc. provides a variety of cosmetic ingredients
`
`(January 3, 2011 Office action, pp. 96-100).
`
`• Active Organics® provides a variety of cosmetic ingredients (January 3, 2011
`
`Office action, p. 101).
`
`• Expanscience® Laboratories provides a variety of cosmetic ingredients (January
`
`3, 2011 Office action, p. 145 and July 21, 2011 final Office action, pp. 41-43).
`
`• Spectrum Chemical is a major manufacturer and distributor of cosmetic
`
`ingredients and cosmetic chemicals used in the production of personal care,
`
`cosmeceutical, toiletry and fragrance products. Its products include cosmetic
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`moisturizers, preservatives, antioxidants, antimicrobials, thickeners, waxes, color
`
`additives, and other cosmetic ingredients (July 21, 2011 final Office action, pp.
`
`24-29).
`
`
`
`• MakingCosmetics.com® specializes
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`in providing a variety of cosmetic
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`ingredients, including active ingredients (July 21, 2011 final Office action, pp. 30-
`
`38).
`
`• Sederma Inc. provides a “wide range of truly unique cosmetic ingredients” (July
`
`21, 2011 final Office action, pp. 39).
`
`• SAFC Pharma® develops and provides advanced pharmaceutical ingredients
`
`(APIs) and biologic drugs (May 25, 2010 Office action, p. 75).3
`
`• TAPI provides a variety of pharmaceutical ingredients used in many countries,
`
`including the U.S. (January 3, 2011 Office action, p. 40-42).
`
`• SST Corporation develops and provides active pharmaceutical ingredients for
`
`major U.S. pharmaceutical companies (January 3, 2011 Office action, p. 43).
`
`• Cambridge Major Laboratories manufactures and provides pharmaceutical
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`ingredients to pharmaceutical and biotechnology companies (January 3, 2011
`
`Office action, pp. 44-46).
`
`• BASF provides active ingredients such as ibuprofen for many therapeutic fields
`
`(July 21, 2011 final Office action, pp. 68-69).
`
`• Brenntag Specialties, Inc. provides a variety of pharmaceutical ingredients (July
`
`21, 2011 final Office action, pp. 70-71).
`
`• Cosmetic Laboratories develops and provides pharmaceutical grade ingredients
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`for cosmetics (January 3, 2011 Office action, pp. 141-144).
`
`• LIPO® Chemicals, Inc. provides a variety of chemicals and ingredients for the
`
`cosmetics and pharmaceutical industries (May 25, 2010 Office action, pp. 46-50).
`
`3 Please see the excerpt attached to the January 3, 2011 Office action at p. 43 from the SST Corporation
`website identifying “API” as an acronym for “active pharmaceutical ingredients.”
`
`
`
`• EMCO® Chemical Distributors Inc. provides a variety of pharmaceutical,
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`personal care product and cosmetic ingredients (January 3, 2011 Office action, p.
`
`182).
`
`B. U.S. Registration No. 3422863.
`
`The goods in Registration No. 3422863 include many different chemicals, such as
`
`acetone and citric acid for use in industry. Because registrant has not limited the fields of
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`use or trade channels in the registration, it is presumed that registrant’s goods are used in
`
`all industries, including the pharmaceutical and cosmetic industries. Moreover, the
`
`internet evidence of record establishes that citric acid and acetone are common
`
`ingredients for cosmetics and pharmaceuticals. Some examples include the following
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`evidence made of record:
`
`• Excerpt from the Skin Biology website identifying citric acid as a cosmetic
`
`ingredient (May 25, 2010 Office action, pp. 61-62).
`
`• Excerpt from the Dermadoctor® website identifying acetone and citric acid as
`
`cosmetic ingredients (January 3, 2011 Office action, pp. 156-164).
`
`• Excerpt from the Essential Day Spa website identifying citric acid as a cosmetic
`
`ingredient (January 3, 2011 Office action, p. 165-177).
`
`• Excerpt from the RXMed® website identifying citric acid as an ingredient in
`
`some medicines (January 3, 2011 Office action, pp. 178-181).
`
`• Excerpt from the EMCO® Chemical Distributors Inc. website identifying citric
`
`acid as an ingredient for pharmaceuticals and personal care products (January 3,
`
`2011 Office action, p. 182).
`
`
`
`• Excerpt from the Spectrum Chemical website identifying acetone and citric acid
`
`as cosmetic ingredients (July 21, 2011 final Office action, pp. 24-29).
`
`As discussed in detail above, the record contains registration information on
`
`numerous third-party marks registered in connection with a variety of chemical goods for
`
`use in manufacturing and producing pharmaceuticals or cosmetics. The internet evidence
`
`of record also establishes that the same entity commonly provides 1) a variety of
`
`chemical goods for use in manufacturing or producing cosmetics or 2) a variety of
`
`chemical goods for use in manufacturing or producing pharmaceuticals. It also
`
`establishes that such goods are sold or provided through the same trade channels and used
`
`by the same classes of consumers in the same fields. Therefore, applicant’s goods and
`
`registrant’s goods are related.
`
`
`
`C. U.S. Registration No. 3411705
`
`Applicant’s goods include chemical products for use in industry, namely,
`
`additives and auxiliary agents for the production of pharmaceutical products. The
`
`goods in Registration No. 3411705 include the following long list of goods:
`
`Baby foods made from agricultural products; baby food made from livestock
`
`products; lacteal flour for babies; baby food made from marine products;
`
`medicines for veterinary purposes, namely, for the treatment of gastrointestinal
`
`diseases; medicines for sensory organs, namely, central nervous system
`
`stimulants; oral contraceptive pills, gummed medical taffeta plasters; goulard
`
`water for use as an astringent or anti-inflammatory lotion; bronchodilating
`
`preparations; antiparasitic preparations; eye-wash; tobacco-free cigarettes for
`
`medical purposes; cod liver oil; agents affecting metabolism; liniments; chilblain
`
`
`
`preparations, digitalin; synthetic narcotics; anesthetics; agents affecting
`
`peripheral nervous system; agents for immunity adjustment; agents for treating
`
`physically caused lesions; remedies for perspiration; antiseptics; evacuants;
`
`vaccines, medicines for alleviating constipation; oriental medicines for women's
`
`diseases, namely, hormonal imbalances or fertility treatments; pharmaceutical
`
`preparations for treating dandruff; vitamin preparations, preparations of trace
`
`elements for human and animal use; germicides; acaricides; biological
`
`preparations for medical purposes; bouillons for bacteriological cultures for
`
`medical or veterinary purposes; cellular function activating agents; anti-
`
`inflammatory agents; agents affecting digestive organs; styptic preparations;
`
`mercurial ointments for the treatment of burns; greases for veterinary purposes;
`
`amino acids for veterinary purposes; enzymes for veterinary purposes. enzyme
`
`preparations for veterinary purposes; cardiovascular agents; smelling salts;
`
`steroids, strychnine; poultices; nervines, aconitine; opiates; agents for ophthalmic
`
`use; antiallergic agents; mugwort for medical purposes; sulphonamides
`
`medicines; medicated candy; capsules for medicines, namely, Unit dose capsules
`
`sold empty for pharmaceutical use; jalap for use as a purgative; medicinal hair
`
`growth preparations; pills for dizziness symptoms treatment; pharmaceutical
`
`preparations, namely, elixirs for cough suppression; pills for inflammation
`
`treatment; opodeldoc, laxatives; tablets for menstruation circulation adjustment;
`
`medicines for protection against milk fever; larvae exterminating preparations;
`
`gases for medical purposes; leeches for medical purposes; gurjun balsam for
`
`medical purposes, siccatives for medical purposes; plasters for medical purposes;
`
`
`
`hydrogen peroxide for medical purposes; greases for medical purposes; glycerin
`
`for medical purposes; quinquina for medical purposes; sodium salts for medical
`
`purposes; medicated Jujube; rhubarb roots for pharmaceutical purposes; radio-
`
`isotope markers for therapeutic or diagnostic use; diastase for medical purposes;
`
`dill oil for medical purposes; lecithin for use as a dietary supplement; bacterial
`
`preparations for medical and veterinary use, chemical reagents for medical or
`
`veterinary purposes, petroleum jelly for medical purposes, balsamic preparations
`
`for medical purposes, radiological contrast substances for medical purposes;
`
`radioactive substance for medical purposes; adjuvants for medical purposes,
`
`namely, adjuvants for use with vaccines; additives to fodder for medical
`
`purposes; sarsaparilla for medical purposes; appetite suppressants for medical
`
`purposes; dietetic substances adapted for medical use, amino acids for medical
`
`purposes, Irish moss for intestinal disorders; albuminous preparations for
`
`medical purposes; alkaloids for medical purposes. rubbing alcohol, isopropyl
`
`alcohol for pharmaceutical purposes, namely, to treat wounds, angostura bark for
`
`medical purposes; smoking herbs for medical purposes, salts for medical
`
`purposes, namely, smelling salts, medicated bath salts, Epsom salt; nutritional
`
`additives for use in foods and dietary supplements for human consumption;
`
`camphor and camphor oil for medical purposes, namely, as an ingredient in
`
`preparations to relieve pain and itching; gelatin for medical purposes, namely,
`
`gelatin capsules sold empty for pharmaceuticals; diagnostic preparations for
`
`medical purposes; herbal teas for medicinal purposes; chewing gum for medical
`
`purposes, namely, medicated chewing gum; potassium salts for medical
`
`
`
`purposes; tinctures for medical purposes; castor oil for medical purposes; herbs
`
`teas for medical purposes; blood for medical purposes; hormones for medical
`
`purposes; fennel for medical purposes; enzymes for medical purposes; enzyme
`
`preparations for medical purposes; fumigation preparations for medical purposes;
`
`liquorice for pharmaceutical purposes, gentian for pharmaceutical purposes;
`
`guaiacol for pharmaceutical purposes; frostbite salve for pharmaceutical
`
`purposes; lupulin for pharmaceutical purposes; magnesia for pharmaceutical
`
`purposes, ergot for pharmaceutical purposes; malt for pharmaceutical purposes;
`
`mangrove bark for medical purposes; Melissa water for pharmaceutical
`
`purposes; charcoal for pharmaceutical purposes, namely, for gastrointestinal
`
`relief; gallic acid for pharmaceutical purposes, namely, for use as a preservative;
`
`myrobalan bark for pharmaceutical purposes; gentian; caustics for
`
`pharmaceutical purposes; bromine for pharmaceutical purposes, bismuth
`
`subnitrate for pharmaceutical purposes, bismuth preparations for pharmaceutical
`
`purposes, digestives for pharmaceutical purposes, hydrated chloral for
`
`pharmaceutical purposes, syrups for pharmaceutical purposes namely, cough
`
`syrup; linseed for pharmaceutical purposes, namely, for use in anti-itch creams;
`
`milk of almonds for pharmaceutical purposes, namely, for use as a nutritional
`
`supplement; aldehydes for pharmaceutical purposes; alcohol for pharmaceutical
`
`purposes, namely, for topical use; medicinal herbs in dried or preserved form;
`
`fishmeal for pharmaceutical purposes, esters for pharmaceutical purposes, ethers
`
`for pharmaceutical purposes; medicinal oils, iodine for pharmaceutical purposes;
`
`iodides for pharmaceutical purposes; alkaline iodides for pharmaceutical
`
`
`
`purposes; milk ferments for pharmaceutical purposes; eucalyptol for
`
`pharmaceutical purposes; eucalyptus for pharmaceutical purposes; flowers of
`
`sulphur for pharmaceutical purposes; decoctions for pharmaceutical purposes,
`
`namely, for the treatment of headaches; bicarbonate of soda for pharmaceutical
`
`purposes, aluminum acetate for pharmaceutical purposes; acetates for
`
`pharmaceutical purposes; medicinal infusions; cachou for pharmaceutical
`
`purposes; collodion for pharmaceutical purposes; creosote for pharmaceutical
`
`purposes; tartar for pharmaceutical purposes; turpentine for pharmaceutical
`
`purposes; oil of turpentine for pharmaceutical purposes, thymol for use as a
`
`fungicide or as an antiseptic; phenol for pharmaceutical purposes; pectin for
`
`pharmaceutical purposes; pepsins for pharmaceutical purposes; peptones for
`
`pharmaceutical purposes; formic aldehyde for pharmaceutical purposes; extracts
`
`of hops for pharmaceutical purposes, ferments for pharmaceutical purposes,
`
`medicinal alcohol, pills for tinnitus treatment, semen for artificial insemination;
`
`ginseng capsule; chemical preparations for the diagnosis of pregnancy; sticking
`
`plasters for medical use; herbicides; pyrethrum powder for extermininating
`
`insects; hematogen; pharmaceutical agents for tumor treatment; agents affecting
`
`central nervous system; agents for central nerve treatment; radio-isotope markers
`
`for diagnostic use; diagnostic preparations for medical use; tranquillizers,
`
`analgesics; vaginal washes; asthmatic tea; medical preparations for slimming
`
`purposes; soporifics; radio-isotope markers for therapeutic use; preparations to
`
`facilitate teething; sea water for medicinal bathing; hemorrhoid preparations;
`
`powder of cantharides; anti-uric preparations; anti-itch, anti-inflammation agents
`
`
`
`for anus; antibiotics; antibiotic preparations; anticryptogamic preparations;
`
`febrifuges; hemoglobin; hypoglycemic agents; blood solvent; blood plasma;
`
`agents for respiratory organs; preparations for the treatment of burns;
`
`chemotherapy medicines; medicines for chemical obstacle treatment; chemical
`
`contraceptives; hydrastinine; hydrastine; reagents for measuring HBS antibody;
`
`musks for pharmaceutical purposes; headache pencils; anti-rheumatism rings;
`
`anti-rheumatism bracelets; chemical conductors for electrocardiograph
`
`electrodes; first-aid kits; hemostatic pencils; gauze; court plaster; bunion pads;
`
`sanitary pads; belts for sanitary napkins or towels; sanitary napkins; sanitary
`
`knickers; sanitary towels, menstruation tampons; antiseptic cotton; breast-
`
`nursing pads; napkins for incontinents; absorbent pants for incontinence; eye
`
`patches for medical purposes; pharmaceutical wafer; bone cement for surgical
`
`and orthopedic purposes; living tissue surgical implants;
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