Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA171120
`ESTTA Tracking number:
`10/26/2007
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91174205
`Plaintiff
`Johnson & Johnson
`Mary Pat A. Weyback
`Drinker Biddle & Reath LLP
`1500 K Street, N.W.
`Washington, DC 20005-1209
`UNITED STATES
`MaryPat.Weyback@dbr.com, Andrea.Engel@dbr.com
`Other Motions/Papers
`Mary Pat A. Weyback
`MaryPat.Weyback@dbr.com, Andrea.Engel@dbr.com
`/Mary Pat A. Weyback/
`10/26/2007
`91-174205.pdf ( 18 pages )(700747 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATESPATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`JOHNSON & JOHNSON,
`
`V.
`
`JOZ, INCORPORATED,
`
`Opposer,
`
`Applicant.
`
`:
`
`:
`
`Opposition No. 91 - 174205
`
`JOINT MOTION FOR RECONSIDERATION
`
`AND ACCEPTANCE OF SETTLEMENT
`
`The Honorable Commissioner for Trademarks
`P. O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Madam:
`
`Opposer Johnson & Johnson (“J&J”) and Applicant Joz, Incorporated, (“Joz”) hereby
`
`jointly move for reconsideration and acceptance of the amendment filed by Applicant on
`
`January 9, 2007 in connection with Ser. No. 76/604,664, BRAID THERAPY & Cross Design.
`
`BRIEF IN SUPPORT OF MOTION
`
`A
`
`As support for this Joint Motion, the parties state as follows:
`
`I. Background
`
`1. On November 2, 2006, J&J filed a Notice of Opposition to Application Ser. No. ‘
`
`76/604,664, BRAID THERAPY & Cross Design.
`
`2. On Januaryi8, 2007, Opposer and Applicant signed an Agreement settling the potential
`
`dispute between the parties.
`
`31139.329HM/227848
`DC\617574\1
`
`’
`
`LLY
`FILED ELECTRO
`0
`er 26, 2007
`\/It
`
`

`
`3. On January 29, 2007, pursuant to the terms ofthe settlement agreement, Applicant filed
`
`an Amendment Afler Publication, requesting that the following statement be entered as a
`
`description of the mark:
`
`\
`
`\
`
`The portion of the mark comprised of a cross design is not displayed in the color red
`or a colorable imitation thereof; and is not used and will not be used in the color red
`or a colorable imitation thereof. (herein, “the Color Statement”).
`
`4. On July 20, 2007, the Trademark Trial and Appeal Board (the “Board”) issued an
`
`order denying App1icant’s requested amendment on the grounds that “it seeks to add a restrictive
`
`statement to the application (and resulting certificate of registration), viz. how the mark will not
`
`appear. A description of the mark should state accurately what the mark comprises and cannot
`
`be used to restrict the likely public perception of a mark.”
`
`The parties respectfully request that the Board reconsider this holding in View of the
`
`following.
`
`II. Argument
`
`A. Case Law Establishes that the Color Statement is Necessary and Appropriate
`
`As set forth in the Notice of Opposition, Johnson & Johnson has continuously used the
`
`Red Cross design since as early as 1887, and is the owner of numerous registrations therefore.
`
`Johnson & Johnson has a long history of enforcing its rights in the Red Cross through, in part,
`
`establishing that similar designs in third party federal trademark applications are not displayed in
`
`red, and creating a public record of the same through the entry of the Color Statement as a
`
`description of the mark which is also printed on the certificate of registration.
`
`Johnson & Johnson has already established through an appeal to the United States Court
`
`' of Appeals for the Federal Circuit that, in the absence of a color statement, the presumption is
`
`that “‘applicant is free to use’ the marks with the cross in red on a white background...” Johnson
`
`31139.329HM/227848Q
`DC\617574\l
`
`- 2 -
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`

`
`& Johnson v. Jack Frost Laboratories, 14 U.S.P.Q.2D (BNA) 1076 (CCPA 1990)(emphasis
`
`added). Following this presumption, the Court of Appeals in the Jack Frost case held that the
`
`cross, if used or displayed in red, would then be “the Visually dominant feature of the marks. We
`
`therefore hold that there is a likelihood of confusion with Opposer’s previously-registered Greek
`
`cross mark.” Id.
`
`Johnson & Johnson successfiilly opposed another "application on similar grounds ten
`
`years later: In Johnson & Johnson v. Amy Quirk, Frank T. Meyer, Eric A. Weiss, d/b/a Adventure
`
`Medical Kits, Opp. No. 108,965 re Ser. No. 74/712,430 (TTAB 2000), the Board stated that
`
`“Applicant’s mark is unrestricted as to color. . .and either the white or black portions of the mark
`
`in the drawing could be in red.” Finding that the mark at issue “may be mostly red in color,” the
`
`Board concluded that
`
`there was likelihood of confusion between the opposed mark and
`
`Applicant’s mark.
`
`To rebut the presumption that the cross design element in a mark could be displayed in
`
`any color, including red, Johnson & Johnson has affirmatively pursued settlements with scores
`
`of applicants, which has resulted in the United States Patent and Trademark Office (“PTO”)
`
`entering the Color Statement on numerous occasions.
`
`Indeed, in a December 19, 2005 response
`
`in granting an identical request, the Board stated that:
`
`If the mark is displayed in color or a color combination, the colors should be
`described. See Trademark Rule 2.37 See TMEP § 808 et. seq. (4th Ed. 2005). It
`follows that, if there is a color restriction in the mark, it should be stated in an
`appropriate description in the application. The office requires that descriptions
`of the descriptions of marks to be both accurate and concise. See TMEP § 808.02
`(4th Ed. 2005). Johnson & Johnson v. First Aid Only, Inc., Opp. No. 91161585.
`(emphasis added)
`'
`
`As recently as January 18, 2007, the Board permitted an identical amendment in Johnson
`
`& Johnson’s opposition to Ser. No. 76/478,653, CHOICE ONE & Cross Design: “Inasmuch as
`
`31139.329HM/227848Q
`DC\617574\1
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`
`

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`the proposed change does not constitute an impermissible material alteration to the mark, it is
`
`approved.” Johnson & Johnson v. Racinda LeeAnn Vekasy, Opp. No. 91170439.
`
`Accordingly, the parties respectfully urge that the July 20, 2007 decision of the Board
`
`denying entry of the Color Statement in the instant case is in direct conflict with years of
`
`precedent of the Board and its reviewing court.
`
`B. The PT0 Routinely Enters the Color Statement Upon Request
`
`As noted, Opposer,
`
`through direct negotiations with applicants, has
`
`for years
`
`affirmatively sought the entry of the Color Statement in numerous applications which have never
`
`had to be considered by the Board. The PTO regularly enters the requested Color Statement
`
`without question. The following are just a sampling of marks in which the Color Statement has
`
`been entered in just the past two years:
`0 1. ERSLING & Cross Design — Reg. No. 3,243,600
`
`2. ACID+ALL — Reg. No. 3,216,153
`
`3. MIRACLE MIST & Cross Design — Reg. No. 3,095,072
`
`4. A ACRYMED & Cross Design — Reg. No. 3,167,425
`
`5. SIGNATURE CLUB A & Cross Design — Reg. No. 3,265,892
`
`6. LIVER PLUS & Design — Reg. No. 3,279,681
`
`7.
`
`I INTERATIVE HEALTH RECORDS & Cross Design — Reg. No. 3,299,048
`
`8. PROSKIN & Cross Design — Reg. No. 3,284,109
`
`9. Cross & Target Design — Allowed Appln. Ser. No. 78/671,162
`
`10. SKINHEALTHY & Cross Design — Allowed Appln. Ser. No. 76/658,019
`
`Copies of registration certificates and pages from the TESS database regarding these
`
`marks are attached for your ease of reference.
`
`31139.329HM/227848Q
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`DC\617574\1
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`- 4 -
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`

`
`submitted by the Applicant on January 29, 2007-
`
`B56
`
`Respectfully Submitted,
`
`JOHNSON & JOHNSON, Oppose:
`
`_
`
`Norm D. St. Landau
`MaryPat A. Wgyback
`Drinker Biddle & Reath LLP
`1500 K Street, N.W., Suite 1100
`Washington. D.C. 20005-1209
`202-8428800
`
`_
`
`
`
`‘
`
`Fax: 202-842-8465
`
`
`
`9 50 W. Riverside Dr;
`Bqise, Idaho 83714
`208-853-1814
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing JOINT MOTION FOR RECONSI])ERATION
`AND ACCEPTANCE OF SETTLEMENT was served on Applicant/Respondent this 25th day of
`October 2007, via facsimile and first class mail, postage prepaid to App1icant’s counsel at the
`following address:
`
`David J. Hacnel, Esq.
`9450 W. Riverside Drive
`
`Boise, ID 83714
`
`31139.329HM/227848Q
`DC\617574\1
`
`— 6 —
`
`

`
`Int. Cl.: 10
`
`Prior U.S. Cls.: 26, 39 and 44
`
`Reg. No. 3,243,600
`United States Patent and Trademark Office
`Registered May 22, 2007
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`FANCASTIC PRODUCTS,
`INC.
`(CALIFORNIA
`EOEPORATION), DBA JOSLIN ORTHOPEDIC
`E R
`_
`SUITE 43
`CROCKER INDUSTRIAL PARK, 200 VALLEY
`DRIVE
`BRISBANE, CA 94005
`
`FOR: MEDICAL, THERAPEUTIC AND RECUP-
`ERATIVE SLINGS FOR SUPPORTING ARMS,
`WRISTS, LEGS AND OTHER BODY PARTS , IN
`CLASS 10 (U.S. CLS. 26, 39 AND 44).
`
`THE PORTION OF THE MARK COMPRISED OF
`A CROSS DESIGN IS NOT DISPLAYED IN THE
`COLOR RED OR A COLORABLE IMITATION
`THEREOF, AND IS NOT USED AND WILL NOT
`BE USED IN THE COLOR RED OR A COLORABLE
`LIMITATION THEREOF.
`
`SER. NO. 78-577,892, FILED 3-1-2005.
`
`FIRST USE 1-12-2005; IN COMMERCE 1-12-2005.
`
`SOPHIA S. KIM, EXAMINING ATTORNEY
`
`

`
`Int. CL: 5
`
`Prior U.S. CIs.: 6, 18, 44, 46, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 3,216,153
`Registered Mar. 6, 2007
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`2 B
`
`2‘
`"4
`
`THOMAS PHARMACEUTICALS LTD.
`YORK CORPORATION)
`320 WEST 22ND STREET - SUITE 3A
`NEW YORK, NY 10011
`
`(NEW
`
`FOR: ANTACID, ACID REDUCERS AND PHAR-
`MACEUTICAL PREPARATIONS CONTAINING AN-
`TACID AND ACID REDUCERS FOR TREATMENT
`OF UPSET STOMACH, HEARTBURN AND GAS , IN
`CLASS 5 (US. CLS. 6, 18, 44, 46, 51 AND 52).
`
`THE PORTION OF THE MARK COMPRISED OF
`A CROSS DESIGN IS NOT CURRENTLY SHOWN
`OR USED NOR WILL BE USED IN THE COLOR RED
`OR ORANGE OR IN WHITE ON RED OR ORANGE
`
`BACKGROUND, OR A COLORABLE IMITATION
`THEREOF.
`
`SN 76-609,562, FILED 8-30-2004.
`
`FIRST USE 2-24-2006; IN COMMERCE 2-28-2006.
`
`CHRISIE B. KING, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`United States Patent and Trademark Office
`
`Corrected
`
`Reg. No. 3,095,072
`Registered May 23, 2006
`0G Date Feb. 13 2007
`,
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`
`
`THG HEALTH PRODUCTS INTERNA-
`TIONAL,
`INC.
`(NEVADA CORPORA-
`TION)
`SUITE B
`1009 S. MAYS STREET
`ROUND ROCK, TX 78664
`NO CLA]1\I IS MADE TO THE EXCLU-
`SIVE RIGHT TO USE "MIST", APART
`FROM THE MARK AS SHOWN.
`
`TI-IE PORTION OF THE MARK COM-
`PRISED OF A CROSS DESIGN IS NOT
`DISPLAYED IN THE COLOR RED OR
`ORANGE, OR IN VII-IITE ON A RED OR
`ORANGE BACKGROUND, OR A COLOR-
`
`ABLE IMITA'TION THEREOF; AND IS
`NOT USED AND WILL NOT BE USED
`IN THE COLOR RED OR ORANGE, OR
`IN WHITE ON A RED OR ORANGE
`BACKGROUND, OR A COLORABLE IMI-
`TATION THEREOF.
`
`FOR: ANTI-BACTERIAL CLEANSER
`AND DISINFECTANT THAT PROVIDES
`PAIN RELIEF AND HEALING TO
`WOUNDS, IN CLASS 5 (U.S. CLS. 6, 18,
`44, 46, 51 AND 52).
`FIRST USE 10-1-2003; IN COMMERCE -
`10-1-2003.
`SER. NO. 78-508,441, FILED 10-29-2004.
`
`In testimony whereof I have hereunto set my hand
`and caused the seal of The Patent and Trademark
`Oflice to be affixed on Feb. 13, 2007.
`
`DIRECTOR OF THE U.S. PATENT AND TRADEMARK OFFICE
`
`

`
`Int. CL: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`Reg. No. 3,167,425
`United States Patent and Trademark Office
`Registered Nov. 7, 2006
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`‘ACRYMED INCORPORATED (OREGON COR-
`PORATION)
`12232 SW GARDEN PLACE
`PORTLAND, OR 97223
`
`FOR: MEDICATED PRODUCTS FOR TISSUE
`REPAIR AND INFECTION PROTECTION AND
`CONTROL, NAMELY, WOUND DRESSINGS,
`WOUND COVERINGS, TOPICAL ANTI-MICRO-
`BIAL GELS FOR THERAPEUTIC USE,‘ AND ANTI-
`MICROBIAL COATINGS FOR INTERNAL AND
`EXTERNAL USE, IN CLASS 5 (US CLS. 6, 18, 44,
`46, 51 AND 52).
`
`THE PORTION OF THE MARK COMPRISED OF
`A CROSS DESIGN IS NOT DISPLAYED IN THE
`COLOR RED OR ORANGE, OR IN WHITE ON A
`RED OR ORANGE BACKGROUND, OR A COLOR-
`ABLE IMITATION THEREOF; AND IS NOT USED
`AND WTLL NOT BE USED IN THE COLOR RED OR
`ORANGE, OR IN WHITE ON A RED OR ORANGE
`BACKGROUND, OR A COLORABLE IMITATION ,
`THEREOF.
`
`SER. NO. 78-475,642, FILED 8-30-2004.
`
`FIRST USE 1-15-1994; IN COMMERCE 3-1-1994.
`
`LAURA KOVALSKY, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 3
`
`Prior U.S. Cls.: 1, 4, 6, 50, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 3,265,892
`Registered July 17, 2007
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`SIGNATURE CLUB A (DELAWARE CORPORA-
`TION)
`550 N. REO STREET, SUITE 300
`TAMPA, FL 33609
`
`FOR: BEAUTY CREAMS; SKIN LOTIONS; BEAU-
`TY SERUMS; SKIN CLEANSERS; PATCHES CON-
`TAINING ANTI-WRINKLE CREAM, IN CLASS 3
`(US. CLS. 1, 4, 6, 50, 51 AND 52).
`
`FIRST USE 4-30-2005; IN COMMERCE 4-30-2005.
`
`THE PORTION OF THE MARK COMPRISED OF
`A CROSS DESIGN IS NOT DISPLAYED IN THE
`COLOR RED OR ORANGE, OR IN WHITE ON A
`RED OR ORANGE BACKGROUND, OR A COLOR-
`ABLE IMITATION THEREOF; AND IS NOT USED
`AND WILL NOT BE USED IN THE COLOR RED OR
`ORANGE, OR IN WHITE ON A RED OR ORANGE
`BACKGROUND, OR A COLORABLE IMITATION
`THEREOF.
`
`OWNER OF U.S. REG. NO. 2,155,773.
`
`SN 78-567,451, FILED 2-15-2005.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "SEVERE DRY SKIN", APART
`FROM THE MARK AS SHOWN.
`
`MORGAN WYNNE, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 5
`
`Prior U.S. C1s.: 6, 18, 44, 46, 51 and 52
`
`Reg. No. 3,279,681
`United States Patent and Trademark Office
`Registered Aug. 14, 2007
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`OHM & KARMA VENTURES, INC. (CALIFOR-
`NIA CORPORATION)
`8961 ETIWANDA AVE.
`NORTHRIDGE, CA 91325
`
`FOR HERBAL SUPPLEMENTS, IN CLASS 5 (U.S.
`CLS. 6, 18, 44, 46, 51 AND 52).
`
`THE PORTION OF THE MARK COMPRISED OF
`
`A CROSS DESIGN IS NOT DISPLAYED IN THE
`COLOR RED OR A COLORABLE _IMITATION
`THEREOF; AND IS NOT USED AND WILL NOT
`BE USED IN THE COLOR RED OR A COLORABLE
`IMITATION THEREOF.
`
`FIRST USE 6-1-2005; IN COMMERCE 6-1-2005.
`
`SER. NO. 78-853,939, FILED 4-4-2006.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE LIVER, APART FROM THE MARK
`AS SHOWN.
`
`TRACY CROSS, EXAMINING ATTORNEY
`
`

`
`Int. CL: 44
`
`Prior U.S. C1s.: 100 and 101
`
` 4
`
`United States Patent and Trademark Office
`
`Reg. No. 3,299,048
`Registered sep.2s,2oo7
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`
`
`MEDEM, INC. (CALIFORNIA CORPORATION)
`649 MISSION STREET, 2ND FLOOR
`SAN FRANCISCO, CA 94105
`
`FOR: PROVIDING AN ONLINE MEDICAL
`HEALTH RECORDS DATABASE, VIA A SECURED
`NETWORK, UNDER THE PRIMARY CONTROL OF
`THE PATIENT THAT IS LINKED TO THE PA-
`TIENT’S PHYSICIAN WITH ACCESS BY OTHER
`CLINICIANS BASED UPON PATIENT APPROVAL;
`AUTOMATED MEDICAL INFORMATION REMIN-
`DERS THAT ARE SPECIFIC TO THE PATIENT’S
`MEDICATIONS OR MEDICAL CONDITIONS; MED-
`ICAL SERVICES, NAMELY, PROVIDING ONLINE
`MEDICAL CONSULTATIONS, PROVIDING PRE-
`SCRIPTIONS AND PRESCRIPTION RENEWALS
`VIA A GLOBAL COMPUTER NETWORK, IN CLASS
`44 (US. CLS. 100 AND 101).
`
`FIRST USE 4-1 -2007; IN COMMERCE 4-1-2007.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "INTERACTIVE HEALTH RE-
`CORD", APART FROM THE MARK AS SHOWN.
`
`THE PORTION OF THE MARK COMPRISED OF
`A CROSS DESIGN IS NOT DISPLAYED IN THE
`COLOR RED. APPLICANT DOES NOT AND WILL
`NOT USE THE CROSS DESIGN THAT APPEARS IN
`ITS MARK IN THE COLOR RED.
`
`SN 78-602,506, FILED 4-5-2005.
`
`KHANH LE, EXAMINING ATTORNEY
`
`

`
`Int. CL: 10
`
`Prior U.S. Cls.: 26, 39 and 44
`
`United States Patent and Trademark Office
`
`Reg. No. 3,284,109
`Registered Aug. 28, 2007
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`PROSKIN
`
`WELSHENG CORPORATION (TAIWAN COR-
`PORATION)
`9F. NO.295, SEC 4
`CHUNG HSIAO E RD.
`TAIPEI 106, TAIWAN
`
`FOR: TUBULAR BANDAGES AND BANDAGES
`FOR KNEE FOR PLASTIC SURGERY USE; CERVI-
`CAL COLLAR; CLAVICLE BRACES; CUP SUPPOR-
`TERS FOR MEDICAL PURPOSES; HEAD
`PROTECTORS FOR MEDICAL PURPOSES; RIB
`BELTS; MEDICAL SUPPORTS FOR ELBOW,
`SHOULDER, FINGER, BACK, WRIST, WAIST, AB-
`DOMEN, THIGH, CALF, SHIN, KNEE, ANKLE;
`AND TUBULAR ELASTIC BANDAGES, IN CLASS
`10 (us. CLS. 26, 39 AND 44).
`
`OWNER OF TAIWAN REG. NO. 01072845, DATED
`12-1-2003, EXPIRES 11-30-2013.
`
`THE PORTION OF THE MARK COMPRISED OF
`A CROSS DESIGN IS NOT DISPLAYED IN THE
`COLOR RED OR A COLORABLE IMITATION
`THEREOF; AND IS NOT USED AND WILL NOT
`BE USED IN THE COLOR RED OR A COLORABLE
`IMITATION THEREOF.
`
`SER. NO. 76-626,137, FILED 12-27-2004.
`
`PRISCILLA MILTON, EXAMINING ATTORNEY
`
`

`
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`‘5°°'i'$ and IC 009. us 021 023 026 036 038. G & s: Electronic audio instructions for first aid kits recorded on
`S9""°°5
`electronic or digital memory and flash memory cards. Self-contained emergency treatment unit sold as a
`I kit comprising of software based recorded and written instructions for first aid kits, and supplies in the
`nature of gloves for medical use, gauze, medical adhesive tape, elastic bandages, adhesive bandages,
`ABD pads, namely, abdominal pads, chemically activated cold gel packs for medical purposes, masks
`for use by medical personnel, surgical sponges, eye wash, eye pillows containing aromatic substances
`for relief from headaches, insomnia and sinus discomfort, sanitizing cleaning wipes, sanitary sterilizing
`strips, surgical scissors, splints, forceps for medical use, tweezers, emergency pelvicclamps, medical
`bulb syringe, aspirin, acetaminophen, alcohol for topical use, all purpose disinfectants, allergy relief
`medication, analgesics, anesthetics for surgical and non—surgical use, anhidrotics, antacids, antiallergic
`medicines, antiarrhythmics, antibacterial substances for medicinal purposes, antibiotics, anticoagulants,
`anticonvulsants, antidiabetic preparations, antidotes, antiemetics, antihistamines, antihypertensives,
`antiparasitics, antiseptics, antivirals, anti-bacterial cleaners, anti-dermoinfectives, anti-drowsiness
`treatment preparations, anti-fungal creams for medical use, anti—infectives, anti-inflammatories, anti-
`insect spray, anti-itch cream, anti-itch ointment, anti-venom, artificial tears, aspirin, astringents
`bacteriostats for medicinal and dental use, bandages for dressings, bath salts for medical purposes,
`burn dressings, burn relief medication, calamine lotion, cardiovascular treatment preparations, central
`nervous system stimulants, cold sore treatment preparations, contact lens solutions, corn and callus
`creams, cotton for medical purposes, cough treatment preparations, decongestants, dermatologicals,
`diagnostic reagents for medicinal use, diaphoretics, diarrhea medication, dietetic foods adapted for
`medical use, dietetic sugar for medical use, dissolvable strips to stop bleeding from minor cuts and
`grazes, ear drops, electrolytes, erythromycin preparations, evacuants, expectorants, eye compresses,
`eye drops, eye washes. eyepatches for medical use, fever blister treatment preparations, medicated
`chewing gum, medicated compresses, medicated hand wash, medicated lip balm, medicated lozenges,
`medicinal creams for skin care, mixed antibiotic preparations, nasal spray preparations, nausea
`treatment preparations, oxygen for medical use, pain relief medication, petroleum jelly for medical
`purposes, preparation for the relief of pain, preparations for the treatment of asthma, preparations for
`treating colds, reagents for medical use, respiratory stimulants, rubbing alcohol, sedatives, self adhesive
`dressings, sleeping pills/tablets, smelling salts, sugar replacement for medicinal or therapeutic
`purposes, sweets for medicinal purposes, tetracycline preparations, thiolutin preparations, threonine
`
`http://tess2.uspto.gov/bin/showf1e1d?f=doc&state=ovt2m4.4. 1
`
`10/24/2007
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 2 of 3
`
`preparations, topical analgesics, topical anesthetics, topical first aid gel, tranquilizers, virucides, vitamin
`preparations, wart removing preparations, wound dressings, and transport bag for severed digits and
`avulsions all used to treat injuries, medical conditions and prevent blood borne pathogen contamination;
`Electronic communication device using voice-activation by which a first responder can determine the
`type, severity and medical treatment of a victim
`
`IC 005. US 006 018 044 046 051 052. G & S: First aid kit; Emergency first aid kit; First aid kits for
`domestic or other non-professional use. Medical supplies, First aid supplies, and First aid responder
`supplies, namely, gauze, medical adhesive tape, adhesive bandages, blood-borne pathogen clean-up
`kit, namely, antiseptic wipes, germicidal wipes, apron, protective eye wear, medical face mask, shoe
`covers, gauze, scoop, scrapper, red biohazard bags, and medical gloves, ABD pads, namely, gauze
`pads, eye wash, eye pillows containing aromatic substances for relief from headaches, insomnia and
`sinus discomfort, sanitizing cleaning wipes, sanitary sterilizing strips, aspirin, acetaminophen, alcohol for
`topical use, all purpose disinfectants, allergy relief medication, analgesics, anesthetics for surgical and
`non-surgical use, anhidrotics, antacids, antiallergic medicines, antiarrhythmics, antibacterial substances
`for medicinal purposes, antibiotics, anticoagulants, anticonvulsants, antidiabetic preparations, antidotes,
`antiemetics, antihistamines, antihypertensives, antiparasitics, antiseptics, antivirals, anti-bacterial
`cleaners, anti-dermoinfectives, anti-drowsiness treatment preparations, anti-fungal creams for medical
`use, anti-infectives, anti-inflammatories, anti-insect spray, anti-itch cream, anti-itch ointment, anti-
`venom, artificial tears, astringents, bacteriostats for medicinal and dental use, bandages for dressings,
`bath salts for medical purposes, burn dressings, burn relief medication, calamine lotion, cardiovascular
`treatment preparations, central nervous system stimulants, cold sore treatment preparations, contact
`lens solutions, corn and callus creams, cotton for medical purposes, cough treatment preparations,
`decongestants, dermatologicals, diagnostic reagents for medicinal use, diaphoretics, diarrhea
`medication, dietetic foods adapted for medical use, dietetic sugar for medical use, dissolvable strips to
`stop bleeding from minor cuts and grazes, ear drops, electrolytes, erythromycin preparations,
`evacuants, expectorants, eye compresses, eye drops, eye washes, eyepatches for medical use, fever
`blister treatment preparations, medicated chewing gum, medicated compresses, medicated hand wash,
`medicated lip balm, medicated lozenges, medicinal creams for skin care. mixed antibiotic preparations,
`nasal spray preparations, nausea treatment preparations, oxygen for medical use, pain relief
`medication, petroleum jelly for medical purposes, preparation for the relief of pain, preparations for the
`treatment of asthma, preparations for treating colds, reagents for medical use, respiratory stimulants,
`rubbing alcohol, sedatives, self adhesive dressings, sleeping pills/tablets, smelling salts, sugar
`replacement for medicinal or therapeutic purposes, sweets for medicinal purposes, tetracycline
`preparations, thiolutin preparations, threonine preparations, topical analgesics, topical anesthetics,
`topical first aid gel, tranquilizers, virucides, vitamin preparations, wart removing preparations, and
`wound dressings
`
`IC 010. US 026 039 044. G & S: First aid supplies, and First aid responder supplies, namely, gloves for
`medical use, elastic bandages, chemically activated cold gel packs for medical purposes, masks for use
`by medical personnel, surgical sponges, surgical scissors, splints, forceps for medical use, emergency
`pelvic clamps, medical bulb syringe, transport bag for medical use for severed digits and avulsions
`
`(2) DESIGN ONLY
`
`24.13.02 - Cross, Greek (equal sides); Greek cross (equal sized lines)
`26.01.17 - Circles, two concentric; Concentric circles, two; Two concentric circles
`26.01.21 - Circles that are totally or partially shaded.
`
`78671162
`
`July 15, 2005
`
`1B
`
`1B
`
`October 10, 2006
`
`(APPLICANT) Retrac, lnc. CORPORATION IOWA 6737 Bradbury Dr NE Cedar Rapids IOWA 52402
`
`Mark
`
`Drawing
`Code
`
`Design
`Search
`Code
`
`Serial
`Number
`
`Filing Date
`Current
`
`Filing Basis
`
`Original
`Filing Basis
`Published
`for
`
`Opposition
`Owner
`
`Attorney of
`
`http://tess2.uspto.gov/bin/showfie1d?f=doc&state=ovf2m4.4. 1
`
`10/24/2007
`
`

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`Trademark Electronic Search System (TESS)
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`Page 3 of 3
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`Record
`
`Matthew Krigbaum
`
`Description The cross portion of the mark is not displayed as red or any shade thereof. Applicant will not use red or
`of Mark
`any shade therefore for the cross portion of the mark.
`
`Type of
`Mark
`
`TRADEMARK
`
`Register
`LiveIDead
`Indicator
`
`PRINCIPAL
`l
`
`LIVE
`
`I.HbME I SITE INDEXI SEARCH I eBUS|NESS I HELP I PRIVACY POLICY
`
`http://tess2.uspto.gov/bin/showfie1d?f=doc&state=oVf2m4.4. 1
`
`10/24/2007
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` SKlNHEAL+HY
`
`Word Mark
`
`SKINHEALTHY
`
`g:r‘;?:e:"d
`
`IC 003. us 001 004 006 050 051 052. G & s: Aerosol spray shaving foam and gel
`
`Mark °'a""‘"9 (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`Code
`
`Design Search 24.13.02 - Cross, Greek (equal sides); Greek cross (equal sized lines)
`Code
`27.03.05 - Objects forming letters or numerals
`Serial Number 76658019
`
`Filing Date
`
`April 7, 2006
`
`Current Filing
`Basis
`
`1B
`
`Original Filing 1B
`Basis
`
`g‘;';';:I‘t‘§gnf°' October 31, 2006
`Owner
`(APPLICANT) Newtech Holdings Corp. CORPORATION DELAWARE 62 Anthony Road Glen
`Gardner NEW JERSEY 08826
`'
`
`Attorney of
`Record
`
`J. Douglas Orr
`
`_
`
`Description of The letter "T" appearing between the letters "L" and "H" has the particular stylized appearance of a
`Mark
`cross or plus sign. The portion of the mark comprised of a cross design is not displayed in the color
`red or a colorable imitation thereof; and is not used and will not be used in the color red or a
`colorable imitation thereof.
`
`Type of Mark
`
`TRADEMARK
`
`Register
`LiveIDead
`
`PRINCIPAL
`
`http://tess2.usptp.gov/bin/showfield?f=doc&state=oVf2m4.5. 1
`
`10/24/2007