TTAB
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`JOHNSON & JOHNSON,
`
`Opposer,
`
`v.
`ELECTRIC AQUAGENICS
`UNLIMITED, INC.,
`
`:
`:
`:
`
`Opposition No. 91—17i9307
`gl
`7/‘ $[§/()
`//
`
`
`
`Applicant._
`
` AJEN
` MENI
`
`The Honorable Commissioner for Trademarks
`P. O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Madam:
`
`Opposer Johnson & Johnson (“J&J”) and Applicant Electric Aquagenics Unlimited, Inc.
`
`(“Electric Aquagenics”) hereby jointly move for
`
`reconsideration and acceptance of the
`
`amendment filed by Applicant on February 26, 2009 in connection with Ser. No. 78/691,480,
`
`ZERO+.
`
`
`
`As support for this Joint Motion, the parties state as follows:
`
`
`
`llllllllllllllliilllllllllllllllllllllllllllllllll
`0
`
`. 5
`
`‘-‘etert
`
`.u 7-*cr.:«~'»~4 >1:-11 Rep:
`
`2».
`
`2:-9
`
`1. On September 4, 2007, J&J filed a Notice of Opposition to Application Ser. No.
`
`78/691,480, ZERO+.
`
`DC01/ 2202654.]
`
`April 5, 2009
`We GCa/<./x,/
`
`

`
`2. On November 14, 2008, Opposer and Applicant signed an Agreement settling the
`
`potential dispute between the parties.
`
`3. On February 26, 2009, pursuant to the terms of the settlement agreement, Applicant
`
`filed a Motion to Amend Application, 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 March 10, 2009, the Trademark Trial and Appeal Board (the “Board”) issued an
`
`order denying Applicant’s requested amendment on the grounds that the proposed amendment
`
`“seeks to add a restrictive statement to the application (and resulting certificate of registration),
`
`viz. how the mark does not and will not appear. ...The proposed description of the mark does not
`
`state accurately how the mark appears. Moreover, the drawing of the mark in the subject
`
`application does not include color; therefore,a statement regarding color in the application is not
`
`appropriate. See Trademark Rule 2.52(b)(1), 37 C.F.R. §2.52(b)( 1), and TMEP §807.07(a)(ii).
`
`The parties respectfully request that the Board reconsider this holding in view of the
`
`following.
`
`lL_Argumem
`
`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
`
`DCOI/22026541
`
`

`
`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 is
`
`that “applicant is free to use’ the marks with the cross in red on a white background...” Johnson
`
`& 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 successfully 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:
`
`DC0l/ 2202654.]
`
`

`
`._____.___~E -....._-........._.._._.
`
`
`
`
`
`
`
`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 February 19, 2009,
`
`the Board permitted an iden1i.c.al_am£.ndme.nt
`
`in
`
`Johnson & Johnson’s opposition to Ser. No. 78/769,204, EYE HEALTH+.
`
`Accordingly, the parties respectfully urge that the March 10, 2009 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 few years:
`
`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.
`
`IINTERATIVE HEALTH RECORDS & Cross Design — Reg. No. 3,299,048
`
`8. PROSKIN & Cross Design ~ Reg. No. 3,284,109
`
`DCO 1/ 22026541
`
`

`
`9. Cross & Target Design — Reg. No. 3,386,385
`
`10. H&H HEALTH & HAPPINESS & Cross Design —— Reg. No. 3,438,305
`
`11. THE LAMINITIS CLINIC & Cross Design — Reg. No. 3,401,710
`
`Copies of registration certificates and pages from the TESS database regarding these
`
`marks are attached for your ease of reference.
`
`Canclmian
`
`In view of long-established case law holding that, in the absence of a statement with
`
`regard to color, the “presumption” is that a mark may be used in any color, including red, and in
`
`further view of the Board and examining division’s long precedent of entering the Color
`
`Statement when requested, the parties respectfully request that the Board reconsider its March
`
`10, 2009 action denying entry of the Color Statement, and accept
`
`the Amendment After
`
`Publication submitted by the Applicant on February 26, 2009.
`
`Respectfully submitted,
`
`JOHNSON & JOHNSON, Opposer
`
`By:
`
`Z“ u’¢.¢/L.
`
`.Landau
`
`orm D.
`
`Mary Pat A. Weyback
`Drinker Biddle & Reath LLP
`1500 K Street, N.W., Suite 1100
`Washington, D.C. 20005-1209
`202-842-8800
`Fax: 202-842-8465
`
`5 D, INC., 0,; '
`
` I AQUAGENICS
`
`-
`
`P.O. Box 1909
`
`Sandy, UT 84091
`
`DCOII 2202654.l
`
`

`
`
`
`I hereby certify that a copy of the foregoing JOINT MOTION FOR RECONSIDERATION
`AND ACCEPTANCE OF SETTLEMENT was served on Applicant/Respondent this Eday
`of April, 2009, via e-mail and first class mail, postage prepaid to Applicant’s counsel at the
`following address:
`
`Grant R. Clayton
`Clayton, Howarth & Cannon, P.C.
`P.O. Box 1909
`
`Sandy, UT 84091
`
` /C QZQAQ,
`
`DC01/22026541
`
`

`
`Int. Cl.: 10
`
`Prior U.S. C1s.: 26, 39 and 44
`
`Reg. No. 3,243,600
`United States Patent and Trademark Office
`Registered May 22, 2007
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`(CALIFORNIA
`INC.
`FANCASTIC PRODUCTS,
`CORPORATION), DBA JOSLIN ORTHOPEDIC
`GEAR
`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 (US. 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 VVILL 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.
`
`SOPHLA S. KIM, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51, and 52
`
`Reg. No. 3,216,153
`United States Patent and Trademark Office
`Registered Mar. 6, 2007
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`F S
`
`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 (U.S. 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. C1s.: 6, 18, 44, 46, 51 and 52
`United States Patent and Trademark Office
`Registered May 23, 2006
`Corrected
`0G Date Feb. 13 2007
`
`Reg. No. 3,095,072
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`IWRACLE
`MISIE ,
`TI-IG HEALTH PRODUCTS INTERNA-
`ABLE IMITA'I'ION THERFJ)F; AND IS
`NOT USED AND WILL NOT BE USED
`TIONAL,
`INC.
`(NEVADA CORPORA-
`TION)
`IN THE COLOR RED OR ORANGE, OR
`SUITE B
`INWHITEONAREDORORANGE
`1009 S. MAYS STREET
`BACKGROUND, OR A COLORABLE IMI-
`TATION THEREOF.
`ROUND ROCK, TX 78664
`NO CLAIM IS MADE TO THE EXCLU-
`SIVE RIGHT TO USE "MIST", APART
`FROM ‘THE MARK AS SHOWN.
`THE PORTION OF THE MARK COM-
`PRISED 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-
`
`FOR: ANTI-BACTERIAL CLEANSER
`AND DISINFECTANT THAT PROVIDES
`PAIN RELIEF AND HEALING TO
`woUNDs, IN CLASS 5 (us. CLS. 6, 18,
`44, 45, 51 AND 52).
`FIRST USE 101-2003; IN COMMERCE
`10-1-2003.
`SER. N0. 73-sos,441, FILED 1o-29-2004.
`
`In testimony whereof I have hereunto set my hand
`and caused the seal of The Patent and Trademark
`Office to be affixed on Feb. 13, 2007.
`
`DIRECTOR OF THE U.S. PATENT AND TRADEMARK OFFICE
`
`

`
`Int. Cl.: 5
`
`Prior U.S. C1s.: 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 AN'I'I-
`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 VVILL 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. C1.: 3
`
`Prior U.S. Cls.: 1, 4, 6, 50, 51, and 52
`
`Reg. No. 3,265,892
`United States Patent and Trademark Office
`Registered July 17, 2007
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`
`
`
`SIGIII\ICAI3I')IIRE CLUB A (DELAWARE CORPORA-
`550 N. REO STREET, SUITE 300
`TAMPA, FL 33609
`
`FOR: BEAUTY CREAMS; SKIN DOTIONS; BEAU-
`TY SERUMS; SKIN CLEANSERS; PATCHES CON-
`TAINING ANTI-WRINKLE CREAM, IN CLASS 3
`(U.S. 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. Cls.: 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 EIIWANDA AVE.
`NORTHRIDGE, CA 91325
`
`FOR: HERBAL SUPPLEMENTS, IN CLASS 5 (U.S.
`CLS. 6, 18, 44, 46, 51 AND 52).
`
`FIRST USE 6-1-2005; IN COMMERCE 6-1-2005.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE LIVER, APART FROM THE MARK
`AS SHOWN.
`
`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 VVILL NOT
`BE USED IN THE COLOR RED OR A COLORABLE
`IMITATION THEREOF.
`
`SER. NO. 78-853,939, FILED 4-4-2006.
`
`TRACY CROSS, EXAMINING ATTORNEY
`
`

`
`Int. C1.: 44
`
`Prior U.S. C1s.: 100 and 101
`
`Reg. No. 3,299,048
`United States Patent and Trademark Office
`Registered Sep. 25, 2007
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`interactivefleaalthRecord
`
`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 PATIENTS
`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 (U.S. 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 -
`
`Reg. No. 3,284,109
`United States Patent and Trademark Office Registered Aug. 2s,2oo7
`
`
`
`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
`
`

`
`Int. Cls.: 5, 9, and 10
`
`Prior U.S. Cls.: 6, 18, 21, 23, 26, 36, 38, 39, 44, 46, 51,
`and 52
`
`Reg. No. 3,386,385
`United States Patent and Trademark Office Registered Feb. 19, 2008
`
`
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`RETRAC, INC. (IOWA CORPORATION)
`1105 HAWKEYE DRIVE
`
`HIAWATHA, IA 52233
`
`FOR: 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 RESPON-
`DER SUPPLIES, NAMELY, GAUZE, MEDICAL AD-
`HESIVE 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 MEDI-
`CAL GLOVES, ABD PADS, NAMELY, GAUZE PADS,
`EYE WASH, EYE PILLOWS CONTAINING ARO-
`MATIC SUBSTANCES FOR RELIEF FROM HEAD-
`ACHES, INSOMNIA AND SINUS DISCOMFORT,
`SANITIZING CLEANING WIPES, SANITARY STER-
`ILIZING STRIPS, ASPIRIN, ACETAMINOPHEN, AL-
`COHOL FOR TOPICAL USE, ALL PURPOSE
`DISINFECTANTS, ALLERGY RELIEF MEDICA-
`TION, ANALGESICS, ANESTHETICS FOR SURGI-
`CAL AND NON-SURGICAL USE, ANHIDROTICS,
`ANTACIDS, ANTIALLERGIC MEDICINES, ANTI-
`ARRHYTHMICS, ANTIBACTERIAL SUBSTANCES
`FOR MEDICINAL PURPOSES, ANTIBIOTICS, AN-
`TICOAGULANTS, ANTICONVULSANTS, ANTIDIA-
`BETIC PREPARATIONS, ANTIDOTES,
`ANTIEMETICS, ANTII-IISTAMINES, AN'IIHYPER-
`TENSIVES, ANTIPARASITICS, ANTISEPTICS, AN-
`TIVIRALS, ANTI-BACTERIAL CLEANERS, ANTI-
`DERMOINFECTIVES, ANTI-DROWSINESS TREAT-
`MENT PREPARATIONS, ANTI—FUNGAL CREAMS
`FOR MEDICAL USE, ANTI-INFECTIVES, ANTI-IN-
`
`FLAMMATORIES, ANTI-INSECT SPRAY, ANTI-
`ITCH CREAM, ANTI-ITCH OINTMENT, ANT'I-VE-
`NOM, ARTIFICIAL TEARS, ASTRINGENTS, BAC-
`TERIOSTATS FOR MEDICINAL AND DENTAL
`USE, BANDAGES FOR DRESSINGS, BATH SALTS
`FOR MEDICAL PURPOSES, BURN DRESSINGS,
`BURN RELIEF MEDICATION, CALAMINE LO-
`TION, CARDIOVASCULAR TREATMENT PRE-
`PARATIONS, CENTRAL NERVOUS SYSTEM
`STIMULANTS, COLD SORE TREATMENT PRE-
`PARATIONS, CONTACT LENS SOLUTIONS, CORN
`AND CALLUS CREAMS, COTTON FOR MEDICAL
`PURPOSES, COUGH TREATMENT PREPARA-
`TIONS, DECONGESTANTS, DERMATOLOGICALS,
`DIAGNOSTIC REAGENTS FOR MEDICINAL USE,
`DIAPHORETICS, DIARRHEA MEDICATION, DIE-
`TETIC FOODS ADAPTED FOR MEDICAL USE,
`DIETETIC SUGAR FOR MEDICAL USE, DISSOL-
`VABLE STRIPS TO STOP BLEEDING FROM MINOR
`CUTS AND GRAZES, EAR DROPS, ELECTRO-
`LYTES, ERYTHROMYCIN PREPARATIONS, EVA-
`CUANTS, 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 LO-
`ZENGES, 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 AL-
`COHOL, SEDATIVES, SELF ADHESIVE DRES-
`SINGS, SLEEPING PILLS/TABLETS, SMELLING
`SALTS, SUGAR REPLACEMENT FOR MEDICINAL
`OR THERAPEUTIC PURPOSES, SWEETS FOR MED-
`ICINAL PURPOSES, TETRACYCLINE PREPARA-
`TIONS, THIOLUTIN PREPARATIONS,
`THREONINE PREPARATIONS, TOPICAL ANALGE-
`SICS, TOPICAL ANESTHETICS, TOPICAL FIRST
`AID GEL, TRANQUILIZERS, VIRUCIDES, VITA-
`MIN PREPARATIONS, WART REMOVING PRE-
`PARATIONS, AND WOUND DRESSINGS,
`IN
`CLASS 5 (U.S. CLS. 6, 18, 44, 46, 51 AND 52).
`
`FIRST USE 1-1-2004; IN COMMERCE 6-1-2005.
`
`FOR: ELECTRONIC AUDIO INSTRUCTIONS
`FOR FIRST AID KITS RECORDED ON ELECTRO-
`NIC OR DIGITAL MEMORY AND FLASH MEM-
`ORY CARDS; SELF-CONTAINED EMERGENCY
`TREATMENT UNIT SOLD AS A KIT COMPRISING
`OF SOFTWARE BASED RECORDED AND WRIT-
`TEN INSTRUCTIONS FOR FIRST AID KITS, AND
`SUPPLIES IN THE NATURE OF GLOVES FOR
`MEDICAL USE, GAUZE, MEDICAL ADHESIVE
`TAPE, ELASTIC BANDAGES, ADHESIVE BANDA-
`GES, 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 ARO-
`MATIC SUBSTANCES FOR RELIEF FROM HEAD-
`ACHES, INSOMNIA AND SINUS DISCOMFORT,
`SANITIZING CLEANING WIPES, SANITARY STER-
`ILIZING STRIPS, SURGICAL SCISSORS, SPLINTS,
`FORCEPS FOR MEDICAL USE, TWEEZERS, EMER-
`GENCY PELVIC CLAMPS, MEDICAL BULB SYR-
`INGE, ASPIRIN, ACETAMINOPHEN, ALCOHOL
`FOR TOPICAL USE, ALL PURPOSE DISINFEC-
`TANTS, ALLERGY RELIEF MEDICATION, AN-
`ALGESICS, ANESTI-IE'TICS FOR SURGICAL AND
`NON-SURGICAL USE, ANHIDRO'TICS, ANTACIDS,
`ANTIALLERGIC MEDICINES, ANTIARRHYTH-
`MICS, ANTIBACTERIAL SUBSTANCES FOR MED-
`ICINAL PURPOSES, ANTIBIOTICS,
`ANTICOAGULANTS, ANTICONVULSANTS, ANTI-
`DIABETIC PREPARATIONS, ANTIDOTES, ANTIB-
`METICS, ANTIHISTAMINES,
`ANTIHYPERTENSIVES, ANTIPARASITICS, ANTI-
`SEP'TICS, ANTIVIRALS, ANTI-BACTERIAL CLEA-
`NERS, 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 BACTERIO-
`STATS FOR MEDICINAL AND DENTAL USE, BAN-
`DAGES FOR DRESSINGS, BATH SALTS FOR
`MEDICAL PURPOSES, BURN DRESSINGS, BURN
`RELIEF MEDICATION, CALAMINE LOTION, CAR-
`DIOVASCULAR TREATMENT PREPARATIONS,
`CENTRAL NERVOUS SYSTEM STIMULANTS,
`COLD SORE TREATMENT PREPARATIONS, CON-
`TACT LENS SOLUTIONS, CORN AND CALLUS
`CREAMS, COTTON FOR MEDICAL PURPOSES,
`COUGH TREATMENT PREPARATIONS, DECON-
`
`GESTANTS, DERMATOLOGICALS, DIAGNOSTIC
`REAGENTS FOR MEDICINAL USE, DIAPHORE-
`TICS, 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, ER-
`YTHROMYCIN PREPARATIONS, EVACUANTS,
`EXPECTORANTS, EYE COMPRESSES, EYE DROPS,
`EYE WASHES, EYEPATCHES-FOR MEDICAL USE,
`FEVER BLISTER TREATMENT PREPARATIONS,
`MEDICATED CHEWING GUM, MEDICATED COM-
`PRESSES, MEDICATED HAND WASH, MEDICA-
`TED LIP BALM, MEDICATED LOZENGES,
`MEDICINAL CREAMS FOR SKIN CARE, MIXED
`ANTIBIOTIC PREPARATIONS, NASAL SPRAY PRE-
`PARATIONS, NAUSEA TREATMENT PREPARA-
`TIONS, 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 AL-
`COHOL, SEDATIVES, SELF ADHESIVE DRES-
`SINGS, SLEEPING PILLS/TABLETS, SMELLING
`SALTS, SUGAR REPLACEMENT FOR MEDICINAL
`OR THERAPEUTIC PURPOSES, SWEETS FOR MED-
`ICINAL PURPOSES, TETRACYCLINE PREPARA-
`TIONS, THIOLUTIN PREPARATIONS,
`THREONINE PREPARATIONS, TOPICAL ANALGE-
`SICS, TOPICAL ANESTHETICS, TOPICAL FIRST
`AID GEL, TRANQUILIZERS, VIRUCIDES, VITA-
`MIN PREPARATIONS, WART REMOVING PRE-
`PARATIONS, WOUND DRESSINGS, AND
`TRANSPORT BAG FOR SEVERED DIGITS AND
`AVULSIONS ALL USED TO TREAT INJURIES,
`MEDICAL CONDITIONS AND PREVENT BLOOD
`BORNE PATHOGEN CONTAMINATION; ELEC-
`TRONIC COMMUNICATION DEVICE USING
`VOICE-AC'TIVATION BY WHICH A FIRST RESPON-
`DER CAN DETERMINE THE TYPE, SEVERITY
`AND MEDICAL TREATMENT OF A VICTIM , IN
`CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
`
`FIRST USE 1-1-2004; IN COMMERCE 8-1-2005.
`
`FOR: FIRST AID SUPPLIES, AND FIRST AID
`RESPONDER SUPPLIES, NAMELY, GLOVES FOR
`MEDICAL USE, ELASTIC BANDAGES, CHEMICAL-
`LY ACTIVATED COLD GEL PACKS FOR MEDICAL
`PURPOSES, MASKS FOR USE BY MEDICAL PER-
`SONNEL, SURGICAL SPONGES, SURGICAL SCIS-
`SORS, SPLINTS, FORCEPS FOR MEDICAL USE,
`EMERGENCY PELVIC CLAMPS, MEDICAL BULB
`SYRINGE, TRANSPORT BAG FOR MEDICAL USE
`FOR SEVERED DIGITS AND AVULSIONS , IN
`CLASS 10 (U.S. CLS. 26, 39 AND 44).
`
`FIRST USE 1-1-2004; IN COMMERCE 8-1-2005.
`
`THE CROSS PORTION OF THE MARK IS NOT
`DISPLAYED AS RED OR ANY SHADE THEREOF.
`APPLICANT WILL NOT USE RED OR ANY SHADE
`THEREFORE FOR THE CROSS PORTION OF THE
`MARK.
`
`

`
`SN 78-671,162, FILED 7-15-2005.
`
`BARNEY CHARLON, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 3,438,305
`Registered May 27, zoos
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`I-Iealth & Happiness
`
`TRONJEN TECHNOLOGY INC. (TAIWAN COR-
`PORATION)
`TAICHUNG HSIEN
`325, CHUNG CHEN RD.
`SHA LU ZHEN, TAIWAN R.O.C.
`
`FOR: DIETARY AND NUTRITIONAL SUPPLE-
`MENTS; NUTRITIONAL SUPPLEMENTS; GAUZE;
`DIETARY FIBER AS AN ADDITIVE FOR FOOD
`PRODUCTS; FIRST AID KITS, VITAMIN AND
`MINERAL SUPPLEMENTS; ADHESIVE BANDA-
`GES, BANDAGES FOR SKIN WOUNDS; MEDICAL
`ADHESIVE TAPE; COTTON FOR MEDICAL PUR-
`POSES; AND COTTON STICKS FOR MEDICAL
`PURPOSES, IN CLASS 5 (US. CLS. 6, 18, 44, 46, 51
`AND 52).
`
`FIRST USE 1-10-2007; IN COMMERCE 1-10-2007.
`
`THE PORTION OF THE MARK COMPRISED OF
`A CROSS DESIGN IS NOT DISPLAYED IN THE
`COLOR RED OR A COLORABLE IMITATION
`THEREOF. APPLICANT DOES NOT USE AND WILL
`NOT USE THE CROSS DESIGN THAT APPEARS IN
`ITS MARK IN THE COLOR RED OR A COLORABLE
`IMITATION THEREOF.
`
`SN 78-930,031, FILED 7-14-2006.
`
`JACLYN KIDWELL, EXAMINING ATTORNEY
`
`

`
`Int. Cls.: 5, 16 and 44
`
`Prior U.S. Cls.: 2, 5, 6, 18, 22, 23, 29, 37, 38, 44, 46, 50,
`51, 52, 100 and 101
`
`Reg. No. 3,401,710
`United States Patent and Trademark Office Registered Mar. 25, 2008
`
`
`
`TRADEMARK
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`
`
`E LAMIN"1‘Trs\.CZLI N-[C
`
`ROBERT EUSTACE (GREAT BRITAIN INDIVI-
`DUAL)
`MEAD HOUSE FARM, DAUNTSEY, CHIPPENHAM
`WILTSHIRE, GREAT BRITAIN SN15 4JA
`
`FOR: PHARMACEUTICAL AND VETERINARY
`PREPARATIONS AND SUBSTANCES, NAMELY,
`FOR THE TREATMENT OF DISEASES AND DIS-
`ORDERS OF THE ALIMENTARY TRACT AND
`METABOLISM, THE CARDIOVASCULAR SYSTEM,
`THE MUSCULOSKELETAL SYSTEM, THE CEN-
`TRAL NERVOUS SYSTEM, THE ENDOCRINE SYS-
`TEM, THE PERIPHERAL NERVOUS SYSTEM, THE
`RESPIRATORY SYSTEM, AND DERMATOLOGI-
`CAL DISORDERS; NUTRITIONAL AND ANIMAL
`FEED, SUPPLEMENTS AND VITAMINS; MEDICAL
`PLASTERS AND MATERIALS FOR DRESSINGS,
`NAMELY HOOF DRESSINGS, IN CLASS 5 (US. CLS.
`6, 18, 44,46, 51 AND 52).
`
`FOR: PRINTED MATTER, NAMELY, BOOKS,
`MAGAZINES, JOURNALS AND PAPERS FEATUR-
`ENG TOPICS RELATING TO THE CARDIOVASCU-
`LAR SYSTEM, THE MUSCULOSKELETAL
`SYSTEM, THE CENTRAL NERVOUS SYSTEM,
`THE ENDOCRINE SYSTEM, THE DIGESTIVE SYS-
`TEM, THE METABOLISM, THE PERIPHERAL NER-
`VOUS SYSTEM, THE RESPIRATORY SYSTEM,
`AND DERMATOLOGICAL DISORDERS; STATION-
`
`ERY; PHOTOGRAPHS; INSTRUCTIONAL MATERI-
`ALS FEATURING TOPICS RELATING TO THE
`CARDIOVASCULAR SYSTEM, THE MUSCULOS-
`KELETAL SYSTEM, THE CENTRAL NERVOUS
`SYSTEM, THE PERIPHERAL NERVOUS SYSTEM,
`THE RESPIRATORY SYSTEM, AND DERMATOLO-
`GICAL DISORDERS; PACKAGING MATERIALS,
`NAMELY, CARDBOARD BOXES AND PAPER
`AND PLASTIC BAGS FOR WRAPPING AND
`PACKAGING; PLASTIC MATERIALS FOR PACKA-
`GING, NAMELY, CELLOPHANE PAPER; PLASTIC
`BAGS FOR PACKAGING, IN CLASS 16 (U.S. CLS. 2,
`5, 22, 23, 29, 37, 38 AND 50).
`
`FOR: VETERINARY SERVICES; HYGIENE AND
`BEAUTY CARE FOR ANIMALS,
`INCLUDING
`HORSES, IN CLASS 44 (US. CLS. 100 AND 101).
`
`OWNER OF ERPN CMNTY TM OFC REG. NO.
`3297454, DATED 1-12-2004, EXPIRES 1-12-2014.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE LAMINITIS CLINIC, APART FROM
`THE MARK AS SHOWN.
`
`SER. NO. 78-592,641, FILED 3-22-2005.
`
`HOWARD SMIGA, EXAMINING ATTORNEY