Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA548827
`ESTTA Tracking number:
`07/16/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Granted to Date
`of previous
`extension
`Address
`
`Pure & Natural Company
`07/17/2013
`
`19001 North Scottsdale Road MS 01.45
`Scottsdale, AZ 85255
`UNITED STATES
`
`Correspondence
`information
`
`A. Kate Huffman, Esq.
`Senior Trademark Counsel
`Pure & Natural Company
`19001 North Scottsdale Road MS 01.45
`Scottsdale, AZ 85255
`UNITED STATES
`trademarks@us.henkel.com Phone:480.754.2654
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`International
`Registration No.
`Applicant
`
`85583401
`07/16/2013
`
`NONE
`
`Publication date
`Opposition
`Period Ends
`International
`Registration Date
`
`03/19/2013
`07/17/2013
`
`NONE
`
`BIAL-Portela & Ca., S.A.
`Apartado 19 A. Avenida da Siderurgia Nacional
`Sao Mamede Coronado, 4745-457
`PORTUGAL
`Goods/Services Affected by Opposition
`
`Class 005.
`Opposed goods and services in the class: Pharmaceutical preparations for the treatment of
`cardiovascular diseases, urological disorders, gastrointestinal disorders, allergies, diabetes,
`hypertension, erectile dysfunction, sexual dysfunction, stroke, cancer, migraines, obesity and
`respiratory diseases, fungal disorders; pharmaceutical preparations, namely, anti-inflammatory
`analgesics; pharmaceutical preparations, namely, cholesterol reducers, smoking cessation
`preparations, tissue and skin repair preparations; pharmaceutical preparations, namely,
`decongestants and anti-histamines; pharmaceutical preparations for the treatment of pains, cough,
`fever, angina, otorhinolaryngological diseases, gastric and liver illnesses, heart illnesses, arterial and
`venous illnesses, rheumatic illnesses; anaesthetics; analgesics; frostbite salve for pharmaceutical
`purposes; hemorrhoid treatment preparations; pharmaceutical preparations for the treatment of
`headaches; medicines for alleviating constipation; contraceptive preparations; radiological contrast
`substances for medical purposes; diagnostic preparations for medical purposes; pharmaceuticals for
`the treatment of pain, fever, angina, otorhinolaryngological diseases, gastric and liver illnesses, heart
`illnesses, arterial and venous illnesses, rheumatic illnesses; pharmaceutical preparations for the
`
`

`
`treatment of diabetes, cancer; pharmaceutical preparations for the prevention and treatment of
`cancer, carcinomas and sarcomas; pharmaceutical preparations for the prevention and treatment of
`tumours of any description; pharmaceutical preparations, namely, platelet stimulating factors;
`pharmaceutical preparations for the treatment of the central nervous system, namely, encephalitis,
`epilepsy, bipolar disorder, neuropathic pain, migraine, generalized anxiety disorder, social phobia,
`diabetic neuropathies, panic disorder, postoperative pain, back pain, fibromyalgia, and postherpetic
`neuralgia, post-traumatic stress disorder, Parkinson's disease, Alzheimers; pharmaceutical
`preparations for the treatment of psychiatric diseases, namely, schizophrenia, anxiety disorders,
`mood disorders, cognitive disorders, depression, mania; pharmaceutical preparations and
`substances for the prevention and treatment of diseases and disorders of the respiratory system;
`pharmaceutical preparations for treatment of gout, namely, broncho-dilators and anti-asthmatic
`preparations; pharmaceutical preparations and substances for the prevention and treatment of
`diseases and disorders of the peripheral nervous system, cardiovascular system, gastro-intestinal
`system; prescription pharmaceutical preparations and substances for use in pain control,
`anaesthesia, oncology; prescription pharmaceutical preparations and substances for the treatment
`and prevention of diabetes; pharmaceutical preparations and substances, namely, anti-infectives,
`anti-bacterials, antibiotics, antivirals, antidiabetic preparations, nondepolarizing skeletal
`neuromuscular blocking agents, hemostatic agents, expectorants, anti-leukemia agents, anti-
`arrhythmics, dermatologicals and vasopressors; pharmaceutical preparations and substances for the
`treatment of cancer, HIV, obesity, and respiratory and urologic disorders and diseases;
`pharmaceutical preparations and substances for the treatment of acute ischemic stroke and traumatic
`brain injury (TBI); cerebral vasodilators; pharmaceutical preparations for the treatment of smooth
`muscle disorders, headaches, wrinkles, hyperhydrosis, sports injuries, namely, injured or torn skin,
`muscle, ligaments or bone, tremors, namely, spasmodic smooth, striated or cardiac muscles, and
`pain, namely, smooth muscle pain, striated muscle pain, cardiac muscle pain, neuropathic pain,
`inflammatory pain, visceral pain, chronic pain, acute pain, traumatic injury pain, referred pain,
`growing pain, hunger pain, intractable pain, labour pain, organic pain, phantom limb pain,
`postprandial pain, psychogenic pain, back pain, post-stroke pain, cancer pain, nociceptive pain,
`headache pain, prostatic pain, and bladder pain; pharmaceutical preparations for the treatment of
`muscle dystonias, nerve disorders, and spasmodic striated, smooth or cardiac muscles;
`pharmaceutical preparations for the treatment of cerebral palsy; pharmaceutical preparations,
`namely, muscle relaxants and anti-emetics, xanthine oxidase inhibitors; pharmaceutical preparations,
`namely, scabicides, anti-malarials
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2242161
`
`04/27/1999
`
`Application Date
`
`02/17/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`DIAL
`
`NONE
`
`Class 003. First use: First Use: 1998/03/01 First Use In Commerce: 1998/03/01
`cosmetic and toiletry preparations, namely, bath and toilet soap in bar, liquid
`wash [ and powder ] forms, [ facial cleansers in creme and gel form, ] skin
`cleansers, [ body lotions and body cremes, ] bath and shower gels, body wash, [
`body mists, ] all the foregoing with and without moisturizing properties, and
`instant hand cleanser
`Class 005. First use: First Use: 1998/03/01 First Use In Commerce: 1998/03/01
`instant hand sanitizing preparation with antibacterial properties
`
`

`
`U.S. Registration
`No.
`Registration Date
`
`2267264
`
`08/03/1999
`
`Application Date
`
`07/21/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`Goods/Services
`
`DIAL
`
`NONE
`
`Class 003. First use: First Use: 1997/03/01 First Use In Commerce: 1997/03/01
`Personal care products, namely, bath and toilet soap in [ all forms, namely, ],
`bar, liquid, wash, [ powder; ] laundry detergents
`Class 004. First use: First Use: 1997/03/01 First Use In Commerce: 1997/03/01
`[ Candles ]
`Class 005. First use: First Use: 1997/03/01 First Use In Commerce: 1997/03/01
`Air fresheners
`Class 029. First use: First Use: 1997/03/01 First Use In Commerce: 1997/03/01
`[ Canned foods, namely, chili ]
`
`3187473
`
`Application Date
`
`06/20/2006
`
`12/19/2006
`
`Foreign Priority
`Date
`DIAL PROFESSIONAL SERIES
`
`NONE
`
`The mark consists of the words, DIAL PROFESSIONAL SERIES, with an
`incomplete circle surrounding the word, DIAL, and the words, PROFESSIONAL
`SERIES, shown between two parallel horizontal lines.
`Class 003. First use: First Use: 2005/05/15 First Use In Commerce: 2005/05/15
`Personal care products, namely, [ bar soap; ] liquid soap; body wash; foaming
`face, body, and hand soap; hand, facial and body lotion; antiperspirants;
`deodorants for personal use; hair shampoo and hair conditioner
`Class 005. First use: First Use: 2005/05/15 First Use In Commerce: 2005/05/15
`[ Air fresheners; air deodorizer; room freshener; odor eliminators; all purpose
`disinfecting and deodorizing preparations; odor neutralizing preparations for use
`on textiles and in the air; aromatic air freshening preparations; perfumed air
`freshening preparations; air purifying preparations; ] antibacterial and anti-
`microbial soap; antibacterial alcohol skin sanitizer gels, lotions, and creams for
`the hands; anti-microbial handwash; disinfecting handwash
`
`U.S. Registration
`No.
`Registration Date
`
`549768
`
`10/23/1951
`
`Application Date
`
`03/23/1948
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`DIAL
`
`NONE
`
`Class U052 (International Class 003). First use: First Use: 1947/11/10 First Use
`In Commerce: 1947/11/10
`BATH AND TOILET SOAP
`
`

`
`U.S. Registration
`No.
`Registration Date
`
`690673
`
`12/29/1959
`
`Application Date
`
`03/30/1959
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`DIAL
`
`NONE
`
`Class U052 (International Class 003). First use: First Use: 1947/11/10 First Use
`In Commerce: 1947/11/10
`BATH AND TOILET SOAP
`
`U.S. Registration
`No.
`Registration Date
`
`731288
`
`05/08/1962
`
`Application Date
`
`07/27/1961
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`DIAL
`
`NONE
`
`Class U052 (International Class 003). First use: First Use: 1953/10/00 First Use
`In Commerce: 1953/10/00
`Germicidal Liquid Soap
`
`U.S. Registration
`No.
`Registration Date
`
`834877
`
`09/05/1967
`
`Application Date
`
`07/13/1966
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`DIAL
`
`NONE
`
`Class U051 (International Class 003). First use: First Use: 1966/06/07 First Use
`In Commerce: 1966/06/07
`PERSONAL DEODORANTS AND ANTIPERSPIRANTS
`
`U.S. Registration
`No.
`Registration Date
`
`2260711
`
`07/13/1999
`
`Application Date
`
`02/27/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`DIAL
`
`NONE
`
`Class 005. First use: First Use: 1998/02/17 First Use In Commerce: 1998/02/17
`instant hand sanitizing preparation with antibacterial properties
`
`U.S. Registration
`No.
`
`2362036
`
`Application Date
`
`06/14/1999
`
`

`
`Registration Date
`
`06/27/2000
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`DIAL ANTIBACTERIAL
`
`NONE
`
`Class 003. First use: First Use: 1998/03/01 First Use In Commerce: 1998/03/01
`[Cosmetic and toiletry preparations, namely,] [bath and toilet soap in] bar, liquid
`wash and [powder forms, facial cleansers in creme and gel form,] [skin
`cleansers, body lotions and body cremes, bath and shower gels, body wash,] [
`body mists,] [all the foregoing with and without moisturizing properties, and
`instant hand cleanser]
`Class 005. First use: First Use: 1998/03/01 First Use In Commerce: 1998/03/01
`Instant hand sanitizing preparation with antibacterial properties
`
`U.S. Registration
`No.
`Registration Date
`
`2506978
`
`11/13/2001
`
`Application Date
`
`02/20/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`DIAL COMPLETE
`
`NONE
`
`Class 003. First use: First Use: 2001/01/22 First Use In Commerce: 2001/01/22
`Anti-bacterial soap
`
`2494819
`
`Application Date
`
`05/17/1999
`
`10/02/2001
`
`Foreign Priority
`Date
`PROFESSIONAL SERIES DIAL
`
`NONE
`
`NONE
`
`Class 003. First use: First Use: 1999/09/00 First Use In Commerce: 1999/09/00
`Personal care products, namely, skin and body care products in the nature of
`bath and toilet soap in [ all forms, including bar, ] liquid form [, wash, gel and
`powder, all the foregoing ] with [ and without ] moisturizing properties; [ hair care
`preparations;, namely, hair shampoo, hair conditioner, gel, spritzer, mousse, hair
`spray, all the foregoing with or without moisturizing properties; hand and body
`lotions ]
`Class 005. First use: First Use: 2000/01/00 First Use In Commerce: 2000/01/00
`[ air fresheners ]
`Class 021. First use: First Use: 2000/01/00 First Use In Commerce: 2000/01/00
`[ soap dispensers ]
`
`Attachments
`
`bial opposition - 071613.pdf(2079246 bytes )
`
`

`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by USPS Express Mail Post Office to Addressee on this date.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/A. Kate Huffman, Esq./
`A. Kate Huffman, Esq.
`07/16/2013
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.
`
`In the matter of Application Serial No. 85/5 83401
`
`Published in the Official Gazette on April 16, 2013
`
`)
`)
`
`) )
`
`)
`)
`
`) )
`
`Pure & Natural Company
`a subsidiary of The Dial Corporation,
`Opposer
`
`vs.
`
`Bial-Portela & Ca, S.A.
`
`NOTICE OF OPPOSITION
`
`Pure & Natural Company, an Arizona coiporation, having its principal place of business
`
`at 19001 North Scottsdale Road, Scottsdale, Arizona 85255, believes that it will be damaged by
`
`registration of the mark shown in the above—identified application and hereby opposes the same.
`
`Application Serial No. 85/583401 was filed on March 29, 2012 for registration of the
`
`mark BIAL (stylized), and was published for opposition on April 16, 2013. Although there is an
`
`extensive list of goods identified in classes 5 and 42 of the application, the relevant goods for this
`
`opposition are “pharmaceutical preparations and substances, namely anti—infectives, anti-
`
`bacterials”. Opposer has been granted an extension of time to file a notice of opposition against
`
`the referenced application up to and including July 17, 2013.
`
`As grounds for opposition, Opposer alleges as follows:
`
`1.
`
`At least as early as 1947, Opposer, through its parent company and licensee, The
`
`Dial Corporation and its predecessors in interest, began using the mark DIAL in commerce in
`
`connection with personal care products, in Classes 3 and 5, including skin care preparations, and
`
`has continued to use said mark for such goods in commerce to the present time. Opposer and its
`
`affiliates and predecessors have long used the mark DIAL for a variety of anti—bacterial
`
`preparations, including antibacterial soaps, deodorant soaps, body washes, body puffs, personal
`
`de0d01‘ants, antiperspirants, all purpose cleaning preparations, hand sanitizers, and the like, not
`
`only in the retail trade but also in industrial, commercial, and institutional channels of trade.
`
`C:\Users\an(|crsoi\Dcsktop\Opposilion BIA].-DIAI..doc
`
`

`
`2.
`
`Opposer owns the following U.S. registrations of the mark DIAL, which are in
`
`full force and effect:
`
`Mark
`
`Reg. No.
`
`Date
`
`Int’l. CI.
`
`Goods
`
`DIAL (Dsgn) 2,242,161*
`
`04/27/99
`
`3,5
`
`DIAL (Dsgn) 2,267,264*
`
`08/03/99
`
`3,5
`
`DIAL PROFESSIONAL SERIES Logo
`3,187,473
`12/19/06
`
`3,5
`
`Cosmetic and toiletry
`preparations, namely, bath
`and toilet soap in bar, liquid
`wash forms, skin cleansers,
`bath and shower gels, body
`wash, all the foregoing with
`and without moisturizing
`properties and instant hand
`cleansers; instant hand
`
`sanitizing preparation with
`antibacterial properties.
`
`Personal care products,
`namely bath and toilet soap
`in bar, liquid, wash; laundry
`detergents; air fresheners.
`
`Personal care products,
`namely bar soap; liquid soap;
`body wash; foaming face,
`body, and hand soap; hand,
`facial and body lotion;
`antiperspirants; deodorants
`for personal use; hair
`shampoo and hair conditioner;
`air fiesheners; air deodorizer;
`room freshener; odor
`eliminators; all purpose
`disinfecting and deodorizing
`preparations; odor
`neutralizing preparations for
`use on textiles and in the air;
`aromatic air freshening
`preparations; perfumed air
`freshening preparations; air
`purifying preparations;
`antibacterial and anti-
`
`microbial soap; antibacterial
`alcohol skin sanitizer gels,
`
`

`
`DIAL
`
`DIAL
`
`DIAL
`
`DIAL
`
`549,768
`
`690,673 *
`
`731 ,288*
`
`834,8"/7*
`
`10/23/51
`
`12/29/59
`
`05/08/62
`
`09/05/67
`
`LaJb.JL»JL.;-J
`
`DIAL
`
`2,260,7ll*
`
`07/13/99
`
`DIAL
`
`2,3 62,036*
`
`06/27/00
`
`lotions, and creams for the
`hands; anti-microbial
`
`handwash; disinfecting
`handwash.
`
`Bath and toilet soap.
`
`Bath and toilet soap.
`
`Germicidal liquid soap.
`
`Personal deodorants and
`
`Antiperspirants
`
`Instant hand sanitizing
`preparation with antibacterial
`properties.
`
`Instant hand sanitizing
`preparations with
`antibacterial properties.
`
`DIAL COMPLETE
`
`2,506,978*
`
`11/13/01
`
`3
`
`Antibacterial soap.
`
`DIAL PROFESSIONAL SERIES AND DESIGN
`
`2,494,8l9*
`
`10/02/01
`
`3
`
`Personal care products,
`namely skin and body care
`products in the nature of bath
`and toilet soap in liquid form
`with moisturizing properties.
`
`Copies of the foregoing registrations are appended to this Notice of Opposition as
`
`Exhibits 1 through 11.
`
`3.
`
`4.
`
`The mark DIAL is arbitrary and distinctive as applied to Opposer‘s goods.
`
`Opposer and its affiliates and predecessors in interest have spent hundreds of
`
`millions of dollars over the past 55 years in advertising and promoting their goods under the
`
`DIAL mark, with sales of such goods being in the billions of dollars. As a result, the mark DIAL
`
`is among the most famous, widely recognized, and highly respected marks in the United States,
`
`and the trade and general public have come to know, recognize, and identify goods using the
`
`aforesaid mark as those of Opposer and its parent and licensee, The Dial Corporation.
`
`L4.)
`
`

`
`5.
`
`The mark BIAL proposed for registration by Applicant is closely similar in sound,
`
`appearance and spelling to the mark and trade name DIAL which has been adopted, used and
`
`registered by Opposer and its parent and licensee, The Dial Corporation, and Applicant’s mark
`
`convey substantially the same commercial impression as Opposer’s mark DIAL.
`
`6.
`
`Applicant’s pharmaceutical preparations and substances namely anti—infective and
`
`anti—bacterial as described in Application Serial No. 85/583401 are either identical to or closely
`
`related to Opposer’s antibacterial and anti—microbial products.
`
`7.
`
`Opposer is entitled to priority, having used its trademark DIAL for more than 64
`
`years, which is long prior to any date to which Applicant is entitled. Application Serial No.
`
`85/583401 was filed on March 29, 2012 based on Portugal Reg. No. 380508 filed on August 3,
`
`2004 under Section 44(e).
`
`8.
`
`Applicant’s marks are closely similar to Opposer’s trademark.
`
`The salient
`
`element of Applicant’s marks A DIAL -— is substantially identical in appearance, pronunciation
`
`and meaning to Opposer’s mark. Applicant has taken Opposer’s mark in its entirety and merely
`
`changed the first letter from “D” to “B". Opposer avers that Applicant’s marks so resemble
`
`Opposer’s mark as to he likely, when used on or in connection with the goods of the Applicant,
`
`to cause confusion, or to cause mistake, or to deceive, with resulting damage to Opposer
`
`9.
`
`Allowing registration of Applicant’s marks would allow Applicant to unfairly
`
`trade upon Opposer’s substantial goodwill developed in its aforesaid DIAL trademark.
`
`I0.
`
`Allowing registration of Applicant’s marks would run counter to the public
`
`interest with respect to the ability to accurately ascertain the source of goods and services in the
`
`marketplace. Opposer does not have control over the quality of the goods sold by Applicant, nor
`
`any other connection with such goods; Applicant’s use and registration of the marks applied for
`
`will cause the public to believe that Applicant is in some Way associated with, or sponsored or
`
`authorized by, Opposer, and any faults or deficiencies in Applicant’s goods will reflect adversely
`
`on Opposer unless this opposition is sustained.
`
`1 1.
`
`Opposer will be further damaged by registration of Applicant’s marks because the
`
`marks are likely to dilute the distinctiveness of Opposer's famous and well—known DIAL mark
`
`by eroding consumers’ exclusive identification of the DIAL mark with Opposer and its related
`
`company and licensee, The Dial Corporation, tarnishing or degrading the positive associations
`
`

`
`and connotations of the DIAL mark, or otherwise lessening the capacity of the DIAL mark to
`
`identify and distinguish the goods of Opposer and its related company licensee.
`
`12.
`
`Registration of Applicant’s BIAL mark on the Principal Register would be
`
`inconsistent with Section 2(d) and 43 (c) of the Trademark Act, 15 U.S.C. §§ 1052(d) and
`
`1125(0). If Applicant is granted the registration herein opposed, it would thereby obtain at least
`
`a pr-‘in-m facie exclusive right to use of its alleged mark. Such registration would be a source of
`
`damage and injury to Opposer.
`
`13.
`
`Payment of the $600.00 fling fee is being made with the filing of this application.
`
`The Director is authorized to debit Pure & Natural Company’s Deposit Account No. 040980 for
`
`any deficiencies in the required fee.
`
`WHEREFORJ3, Opposer prays that its opposition to Application Serial No. 85/583401 be
`
`sustained and that Applicant be denied registration for the mark applied for.
`
`Respectfully submitted,
`
`
`
`Pure & Natural Company
`19001 North Scottsdale Road
`
`Scottsdale, Arizona 85255
`
`Tel:
`
`(480) 754-2654
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of this NOTICE OF OPPOSITION
`was served upon Mr. James L. Bikoff, Silverberg Goldman & Bikoff LLP, Georgetown Pl — Ste.
`120, 1101 30”‘ Street NW, Washington, DC 20007, via express mail and e-mail at
`jbikoff@sgbdc.com on this 16th day of July, 2013.
`
`
`
`Lori Anderson
`
`

`
`Exhibit
`
`1
`
`Int. Cls.: 3 and 5
`
`Prior U.S. Cls.: 1, 4, 6, 18, 44, 46, 50, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 2,242,161
`Registered Apr. 27, I999
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`FIRST USE
`3—I~199E.
`
`3-1-#1993;
`
`IN
`
`COMMERCE
`
`DIAL CORPORATION. THE (DELAWARE
`CORPORATION)
`1550] NORTH DIAL BOULEVARD
`SCOTTSDALE, AZ 852601619
`
`FOR: COSMETIC AND TOILETRY PREP-
`ARATIONS. NAMELY, BATH AND TOILET
`SOAP IN BAR, LIQUID WASH AND POWDER
`FORMS. FACIAL CLEANSERS IN CREME
`AND GEL FORM, SKIN CLEANSERS, BODY
`LOTIONS AND BODY CREMES, BATH AND
`SHOWER GELS, BODY WASH. BODY MISTS,
`ALL THE FOREGOING WITH AND WITHOUT
`MOISTURIZING PROPERTIES, AND INSTANT
`HAND CLEANSER. IN CLASS 3 (U5. CLS. 1, 4,
`6, 50, 51 AND 52).
`
`FOR: INSTANT HAND SANITIZING PREPA-
`RATION WITH ANTIBACTERIAL PROPER-
`TIES, IN CLASS 5 (US. CLS. 6.
`I3, 44, 46. 5!
`AND 52).
`FIRST USE
`3—1—I99B.
`
`IN
`
`COMMERCE
`
`3- l- 1 993;
`
`OWNER OF U.S. REG. NOS. 73l,2SB, !,691,lO8,
`AND OTHERS.
`
`SN 75—434.697, FILED 2-17-1998.
`
`MARTHA FROMM. EXAMINING ATTORNEY
`
`

`
`Exhibit 2
`
`Int. 1115.: 3, 4, 5 and 29
`
`Prior U.S. CIs.: 1, 4, 6, 15, 13, 44, 45, 50, 51 and
`52
`
`United States Patent and Trademark Office
`
`Reg. No. 2,267,264
`Registered Aug. 3, I999
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`/"x
`DIAL)
`
`\
`
`I
`
`--'1
`
`DIAL CORPORATION. THE {DELAWARE
`CORPORATION)
`15501 NORTH DIAL BOULEVARD
`SCOTTSDALE, AZ 852601619
`
`1,
`
`15
`
`PRODUCTS,
`CARE
`PERSONAL
`FOR:
`NAMELY, BATH AND TOILET SOAP IN ALL
`FORMS, NAMELY, BAR, LIQUID, WASH,
`POWDER;
`LAUNDRY DETERGENTS,
`IN
`CLASS 3 (U.S. CLS. 1. 4, 6, 50, 51 AND 52).
`FIRST USE
`3-1-1997;
`IN COMMERCE
`3-1-1997.
`FOR: CANDLES, IN CLASS 4 {'U.S. CLS.
`ANDISJ.
`FIRST USE
`3-1-1997.
`
`3-1-1997;
`
`IN commence
`
`IN COMMERCE
`
`FOR: AIR FRESHENERS, IN CLASS 5 (U5.
`CLS. 6,
`I11, 44, 46, 51 AND 52).
`FIRST USE
`3-1-1997;
`3-1-1997.
`FOR: CANNED FOODS, NAMELY, CHILI. IN
`CLASS 29 (U.S. CL. 46).
`FIRST USE
`3—1—199?;
`3-1-1997.
`OWNER OF U.S. REG. NOS. 731.2813. 2,130,791
`AND OTHERS.
`
`IN COMMERCE
`
`SER. N0. T5—522,'."80. FILED 7-21-1998.
`
`LYNN A. LUTHEY, EXAMINING ATTORNEY
`
`

`
`Exhib it 3
`
`Int. Cls.: 3 and 5
`
`Prior U.S. Cls.: 1, 4, 6, 18, 44, 46, 50, 51 and 52
`
`Reg. No. 3,187,473
`Registered Dec. 19, 2006
`United States Patent and Trademark Office
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`
`
`DIAL PROFESSIONAL seams
`
`(ARIZONA CORPORA-
`
`INC.
`
`DIAL BRANDS,
`TION)
`M.S.2214
`15501 NORTH DIAL BOULEVARD
`SCOTTSDALE, AZ 852601619
`
`FOR: PERSONAL CARE PRODUCTS, NAMELY,
`BAR SOAP; LIQUID SOAP; BODY WASH; FOAMING
`FACE, BODY, AND HAND SOAP; HAND, FACIAL
`AND BODY LOTION; ANTIPERSPIRANTS; DEC-
`DORANTS FOR PERSONAL USE; HAIR SHAMPOO
`AI\'D HAIR CONDITIONER, IN CLASS 3 (U.S. CLS. 1,
`4, 6, 50, 51 AND 52).
`
`FIRST USE 5-15-2005; IN COMMERCE 5-15-2005.
`
`FOR: AIR FRESHENERS; AIR DEODORIZER;
`ROOM FRESHENER; ODOR ELIMINATORS; ALL
`PURPOSE DISINFECTING AND DEODORIZING
`PREPARATIONS; ODOR NEUTRALIZLNG PRE-
`PARATIONS FOR USE ON TEXTILES AND IN
`THE AIR; AROMATIC AIR FRESHENING PRE-
`PARATIONS; PERFUMED AIR FRESHENING PRE-
`PARATIONS; AIR PURIFYING PREPARATIONS;
`ANTIBACTERIAL AND AN'II-IVIICROBIAL SOAP;
`
`ANTIBACTERIAL ALCOHOL SKIN SANITIZER
`GELS, LOTIONS, AND CREAMS FOR THE HANDS;
`ANTI-MICROBIAL HANDWAS1-1; DISINFECTJNG
`HANDWASH, IN CLASS 5 (us. CLS. 6, I8, 44. 46, 51
`AND 52).
`
`FIRST USE 5-15-2005; IN COMMERCE 5-15-2005.
`
`OWNER OF U.S. REG. NOS. 690,674, 2,494,819 AND
`OTHERS.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "PROFESSIONAL SERIES", APART
`FROM THE MARK AS SHOWN.
`
`THE MARK CONSISTS OF THE WORDS, DIAL
`PROFESSIONAL SERIES, WITH AN INCOIVIPLETE
`CIRCLE SURROUNDING THE WORD, DIAL, AND
`THE WORDS, PROFESSIONAL SERIES, SHOWN
`BETWEEN TWO PARALLEL HORIZONTAL LINES.
`
`SER. NO. 78-912,240, FILED 6-20-2006.
`
`BARBARA A. GOLD, EXAMINING ATTORNEY
`
`

`
`Exhibit 4A
`
`Int. CL: 3
`
`M No mm
`Prior us. 0.: 52
`Regflered on 23_ 1'95,
`United States Patent and Trademark Office
`10 Year Renewal
`Renewal Term Begins Oct. 23. I991
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`I
`
`DIAL comromamon. THE (DELA-
`wmu-: CORPORATION)
`,
`DIAL TOWER
`_PHOENIX. AZ 35017. BY MESNE AS-
`SIGNMENT AND CHANGE OF NAME
`FROM ARMOUR AND COMPANY t1L-
`LINOIS CORPORATION) CHICAGO.
`IL
`
`FOR: ma-ru AND TOILET som-. IN
`cmss 52 (INT. CL. 2).
`FIRST use n—1o.19a7-. IN COMMERCE
`11-10-19:7.
`SER. NO. 71-552.139. FILED 3-23-1943.
`
`In testimony whereof I have hereunto set my hand
`and caused the seal of The Parent and Trademark
`Office to be ajfxed on Dec. 3. 1991.
`
`COMMISSIONER OF PATIENTS AND TRADEMARKS
`
`

`
`Exhibit 4B
`
`Registered Oct. 23, 1951
`
`Registration No. 549,768
`PRINCIPAL ‘REGISTER-
`
`Trade-Mark
`
`3
`
`UNITED STATES PATENT OFFICE
`
`Arnfmur and Company, Chicago, ]]l.
`Act of HIM
`
`Application March 23, 1948. Serial No. 552.73!)
`
`0
`
`STATEMENT
`- same be registered in the United States Patent
`Armour and Company, a corporation duly or-
`- Office on the Principal Register, in accordance
`ganized unclcr the laws of the State of Illinois.
`with the act of July 5, 1946.
`located atCh1cegc,IIhno'1s, and doing business at
`The trade-mark was first used on November
`Union Stuck Yards, Chicago, Illinois, has adopted
`10, 1947, and first used in commerce among the
`and used the tra(Ie—mar]-: shown in the accom-
`several States which may lawfuily be regulated
`panying drawing. for BATH AND TOILET SOAP,
`' by Congress on November 10, 19&'I.
`in Class 52, Detergents and 302135. and presents
`herewith five specimens showing the trade—mark
`ARMOUR AND COMPANY.
`as actually used in connection with such gouds,
`By D. M. FLICK.
`the tre.de—mark _beh1g applied to gontalners and
`Wee Presiclent.
`wrappers for the goods, and requests that the
`
`

`
`Exhibit 5A
`
`Int. CL: 3
`Prior U.S. CL: 52
`
`Reg. No. 690,673
`Registered Dec. 29, 1959
`10 Year Renewal Renewal Term Begins Dec. 29, 1999:
`
`United States Patent and Trademark Office
`
`
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`DIAL
`
`INC. (ARIZONA COR-
`
`DIAL BRANDS,
`PORATION)
`suns 2214
`BOULEVARD»
`'5-501 NORTH DIAL
`SCOTTSDALE, AZ 85260l6|9. BY AS-
`SIGNMENT.
`IJY ASSIGNMENT, BY
`CHANGE OF NAME, BY MERGER. BY
`ASSIGNMENT,
`HY ASSIGNMENT
`ARMOUR AND COMPANY (ILLINOIS
`CORPORATION) CHICAGO, IL
`
`owner. OF (1.5. REG. Nos. 549553,
`559,914 AND 572.002.
`
`FOR: BATH AND TOILET SOAP, IN
`cuss 52 (INT. CL. 3).
`pnasr usa 11-10.1941; IN COMMERCE
`ll-104947.
`
`SER. N0. 72-070,43, FILED 3A3G—I959.
`
`In reslr‘mcmy whereof I have hereunto set my harm’
`and caused the seal of The Parent and Traderrmrk
`Office to be affixed on Oct. I9, 1999.
`
`COMMISSIONER OF PATENTS AND TRADEMARKS
`
`

`
`Exhibit SB
`
`‘United States Pate1n:"Office M,tm,, ,,ec.§§f’;“9§§
`
`PRINCIPAL REGISTER
`Trademark
`
`Ser. No. 70.421, filed Mar. 30, I959
`
`Armour and Company (Illinois corporation)
`Union Stock Yards
`'
`Chicago 9, I1},
`
`‘,
`
`For: BATH AND TOILET SOAP, in CLASS 52.
`First use Nov. 10. 1947; in commerce Nov. 10, 1947.
`Owger of Rcg. N95. 549,763, 569,974, and 572,002.
`
`

`
`Exhibit 6
`
`731,288
`Ufiited States Pateni Ofice
`Registered May 3, 1962
`
`
`PRINCIPAL REGISTER
`_Trademark
`
`Set. No. 124,792, filed July 27, 1961
`
`DIAL
`
`A.rrnour and Company (Delaware corporation)
`401 N. Wabash Ave.
`Chicago 11; Ill.
`
`For: GERMICIDAL LIQUID SOAP, in CLASS 52.
`First use: October L953;
`in commerce. October 1953.
`Owner of Reg. Nos. 549.768, 690.674, and others.
`
`

`
`Exhibit
`
`7
`
`United States Patent Office
`
`Registered Sept. 5, 1967
`
`SW77
`
`PRINCIPAL REGISTER
`
`Trademark
`
`Ser. No. 250,126, filed July 13, I966
`
`Armour and Company (Delaware corporation)
`401 N. WabashAVe.
`Chicago 11, [[1,
`
`For: PERSONAL DEODORANTS AND ANTI-
`'PERSPIRAN'IS, in CLASS SI.
`First use June 7, 1966; in commerce. June 7, 1966.
`Owner of Reg. No. 319,628.
`
`

`
`Exhibit 8
`
`Int. CL: 5
`
`Prior U.S. Cls.: 6, 18, 44-, 46, 51 and 52
`United States Patent and Trademark Office
`
`Reg. No. 2,260,711
`Registered July 13,1999
`
`TRADEMARK
`PRIN(HPAI.RFKHSTER
`
`DIAL
`
`DIAL CORPORATION, THE (DELAWARE
`CORPORATION)
`15501 NORTH DIAL BOULEVARD
`SCOTTSDALE. AZ 852601619
`
`FIRST USE 2—l7—l998;
`2~l7w1998.
`
`[N COMMERCE
`
`U.S. REG. NOS. 131,288,
`
`|,69|.lUB
`
`FOR: INSTANT HAND SANITIZING PREPA-
`RATION WITH ANTIBACTERIAL PROPER-
`TIES, IN CLASS 5 (U.S. CLS. 6,
`13, 44, 46, 51
`AND 52).
`
`SER NO 75_4“ 605 FILED 2_2_,_]993
`
`MARTHA FROMM, EXAMINING ATTORNEY
`
`

`
`Exhibit 9
`
`Int. CIs.: 3 and 5
`
`Prior U.S. Cls.: 1, 4, 6, 18, 44, 46, 50, 51 and
`52
`
`Reg. N0. 2,362,036
`United States Patent and Trademark Office Registered June 27, 2000
`
`
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`DIAL ANTIBACTERIAL
`
`DIAL BRANDS, INC. (ARIZONA CORPORATION)
`:5501 NORTH DIAL BOULEVARD
`SCOTTSDALE, Az 352501519
`
`FOR: COSMETIC AND TOILETRY PREPARA-
`'I'I.0NS, NAMELY, BATH AND TOILET SOAP IN
`BAR, LIQUID WASH AND POWDER FORMS, FA-
`CIAL CLEANSERS IN CREME AND GEL FORM,
`SKIN CLEANSERS, BODY LOTIONS AND BODY
`CREMES, BAT1-I AND SHOWER GELS, BODY
`WASH, BODY MISTS, ALL THE. FOREGOING WITH
`AND WITHOUT MOISTLIRIZING PROPERTIES, AND
`INSTANT HAND CLEANSER, IN‘ CLASS 3 (U.S. CLS.
`I, 4, 6, 50, SI AND 52).
`
`IN COMMERCE 3—I—lE198.
`FIRST USE 3—|—1993;
`FOR:
`INSTANT HAND SANITIZING PREPARA-
`TION WITH ANTIBACTERIAL PROPERTIES,
`IN
`CLASS 5 (U.S. CLS. 6, I8, 44, 46, 51 AND 52).
`FIRST USE 3-1-1998;
`IN COMMERCE 3—I—I998.
`OWNER OF U.S. REG. NOS. 2,242,161, 2,260,711,
`AND 2,267,264.
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT
`TO USE “AN'I'IBACTE.R_1A1_.", APART FROM THE
`MARK AS SHOWN.
`
`SER. NO. 7&728,261, FILED 6-14-1999.
`
`LYNN A. LUTIIEY, EXAMINTNG ATTORNEY
`
`

`
`Exhibit 10
`
`Int. Cl.: 3
`
`Prior U.S. Cls.: 1, 4, 6, 50, 51 and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 2,506,978
`RegisteredNov. 13, 2001
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`DIAL COMPLETE
`
`(ARIZONA CORI’0R.A—
`INC.
`DIAL BRANDS,
`T101”)
`15501 NORTH DIAL BOULEVARD
`SCOTTSDALE, AZ 852601619
`
`OWNER OF us. REG. NOS. 731,233, 2,250,711 AND
`OTHERS.
`
`FOR: ANTI-BACTERIAL SOAP, IN CLASS 3 (us.
`CLS. 1, 4, 5, so, 51 AND 52).
`
`SE‘ NO‘ 75‘2“=3‘8= FEED 2'2°‘2°”"
`
`FIRST USE 1-22-2001; IN COMMERCE I-22-2001.
`
`JOHN E. MICHOS, EXAMINING ATTORNEY
`
`

`
`Exhib it 1 1
`
`Int. CIs.: 3, 5, and 21
`
`Prior U.S. CIs.: 1, 2, 4, 6, 13, 18, 23, 29, 30, 33, 40, 44,
`46, 50, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 2,494,819
`Registered Oct. 2, 2001
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`PHOFESSIOIIAL SERIES
`ahI
`\
`
`
`
`\
`
`-..a
`
`I
`
`INC.
`
`DIAL BRANDS,
`TION)
`15501 N. DIAL BOULEVARD
`SCOTTSDALE, AZ 852601619
`
`(ARIZONA CORPORA-
`
`FOR: PERSONAL CARE PRODUCTS, NAMELY
`SKIN AND BODY CARE PRODUCTS IN THE
`NATURE OF BATH AND TOILET SOAP IN ALL
`FORMS, INCLUDING BAR, LIQUID, WASH, GEL
`AND POWDER, ALL THE FOREGOING VVITI-I AND
`WITHOUT MOISTURIZING PROPERTIES; HAIR
`CARE PREPARATIONS; NAMELY HAIR SHAM-
`POO, HAIR CONDITIONER, GEL, SPRITZER,
`MOUSSE, HAIR SPRAY, ALL THE FOREGOING
`WITH OR WITHOUT MOISTURIZING PROPER-
`TIES; HANDVAND BODY LOTIONS, IN CLASS 3
`(U.S. CLS. I, 4, 6, 50, 51 AND 52).
`
`FOR: AIR FRESI-IENERS, IN CLASS 5 (U.S. CLS. 6,
`18, 44, 46, 5! AND 52).
`
`FIRST USE 1-0-2000; IN COMMERCE 1-1]-2000.
`
`FOR SOAP DISPENSERS, IN CLASS 2] (U.S. CLS.
`2, 13, 23, 29, 30, 33, 40 AND 50).
`
`FIRST USE I-U-2000; IN COMMERCE I-0-2000.
`
`OWNER OF U.S. REG. NOS. 2,242,I61, 2,267,264,
`AND OTHERS.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "PROFESSIONAL SERIES". APART
`FROM THE MARK AS SHOWN.
`
`SN 75-707,162, FILED 5-17-I999.
`
`FIRST USE 9-0-1999; IN COMMERCE 9-0-1999.
`
`LYNN A. LU'I'HEY, EXAMINTNG ATTORNEY