throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA830773
`
`Filing date:
`
`06/30/2017
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91234054
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Bio Healing Therapy Industries Inc.
`
`BIO HEALING THERAPY INDUSTRIES INC
`8201 KEELE STREET UNIT #5-6
`CONCORD, ON L4K1Z4
`CANADA
`Email: ali@atshealthandbeautycare.com
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Answer
`
`Ali Mokhtare Zadeh
`
`ali@atshealthandbeautycare.com
`
`/ALI MOKHTARE ZADEH/
`
`06/30/2017
`
`BIO HEALING INDUSTRIES Answer to Notice of Opposition re ISOGEL Oppos-
`ition No. 91234054.pdf(206539 bytes )
`ISOGEL v ISAGEL confusion graph 2017-06-30 at 16.08.34.pdf(99972 bytes )
`ISOGEL TM TKO search report 2017 June 30.pdf(289313 bytes )
`ThorCheck report TM TKO antiseptic preparations v gel and lotions 2017 June
`30.pdf(123258 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Coloplast A/S
`
`
`
`V.
`
`
`
`Opposer,
`
`BIO HEALING THERAPY
`INDUSTRIES INC
`
`
`Applicant.
`
`)
`)
`) Opposition No. 91234054
`) Serial No. 87080824
`) Mark: ISOGEL
`) Filing Date: June 22, 2016
`) Publication Date: December 13, 2016
`)
`)
`)
`
`
`
`
`
`
`
`
`
`
`ANSWER
`
`BIO HEALING THERAPY INDUSTRIES INC, with a business address at 8201
`
`KEELE STREET UNIT #5-6, CONCORD, ON L4K1Z4, Canada, ("Applicant"), without
`
`waiving any right due to any insufficiency in the statement of the grounds of opposition, and
`
`saving to itself all defenses in law and equity, hereby answers the Notice of Opposition
`
`("Notice") made by Coloplast A/S ("Opposer") to Applicant's registration of Ser. No.
`
`87080824 – ISOGEL for "Gel for ultrasound and diagnostic imaging; Lotions for ultrasound
`
`and diagnostic imaging" in Class 5.
`
`With respect to the preamble, Applicant denies that Opposer will be damaged by the
`
`registration of Applicant’s ISOGEL mark. As to the numbered Paragraphs in the Notice of
`
`Opposition, Applicant Answers as follows:
`
`
`
`
`1.
`
`2.
`
`
`
`
`Admitted.
`
`Admitted.
`
`

`

`3.
`
`Applicant admits that Coloplast is the owner of a US Trademark registration for
`
`the mark ISAGEL, Registration No. 2,340,921, as set forth by the records of the
`
`Trademark Office. This paragraph is denied to the extent inconsistent with such records.
`
`4.
`
`Applicant lacks sufficient information to form a belief as to the truth or falsity of the
`
`allegations in Paragraph 4 of the Notice of Opposition, and therefore denies them.
`
`5.
`
`Applicant admits that it has applied to register the mark ISOGEL, Application Serial
`
`No. 87080824, "Gel for ultrasound and diagnostic imaging; Lotions for ultrasound and
`
`diagnostic imaging" in Class 5, as set forth by the records of the Trademark Office. This
`
`paragraph is denied to the extent it is inconsistent with such records.
`
`6.
`
`To the extent that Paragraph 6 of the Notice alleges legal conclusions, such
`
`allegations require no response. To the extent an answer is required, those allegations are
`
`denied.
`
`7.
`
`8.
`
`9.
`
`Denied.
`
`Denied.
`
`To the extent that Paragraph 9 of the Notice alleges legal conclusions, such
`
`allegations require no response. To the extent an answer is required, those allegations are
`
`denied.
`
`10.
`
`To the extent that Paragraph 10 of the Notice alleges legal conclusions, such
`
`allegations require no response. To the extent an answer is required, those allegations are
`
`denied.
`
`
`
`

`

`AFFIRMATIVE DEFENSES & ALLEGATIONS
`
`
`
`
`
`1.
`
`2.
`
`Opposer fails to state a claim upon which relief can be granted.
`
`Opposer does not have and/or has not demonstrated rights, superior or
`
`otherwise, sufficient to support its claims.
`
`3.
`
`Opposer’s mark ISAGEL is weak and entitled to a narrow scope of protection in
`
`view of another ISAGEL mark registered by a third-party for “CHEMICAL
`
`PREPARATIONS FOR USE IN THE MANUFACTURE OF PERSONAL CARE
`
`AND FOOD PRODUCTS.” Further, there are numerous third-party marks
`
`comprised of the terms ISA, ISO, and ISOGEL.
`
`The mark ISOGEL has a meaning that is completely different than ISAGEL.
`
`The prefix ISO has meaning in the field of chemistry that would be known to
`
`the classes of purchasers of both the Applicant’s and the Opposer’s products.
`
`ISA is girl’s name.
`
`Opposer will not be damaged by registration.
`
`The denials, admissions and allegations in the above answer set forth
`
`additional bases for the failure of Opposer's claims.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`The denials, admissions and allegations in the above answer set forth
`
`additional bases for Applicant's affirmative defenses.
`
`10. Applicant reserves all affirmative defenses under Rule 8(c) of the Federal
`
`Rules of Civil Procedure, the Lanham Act, and any other defenses or
`
`counterclaims at law or in equity, that may now exist or in the future be
`
`available based on discovery and further factual investigation in this case.
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`Date: June 30, 2017
`
`For the foregoing reasons, Applicant prays that this opposition be dismissed
`
`with prejudice, and that Applicant’s mark be granted registration.
`
`Respectfully submitted,
`
`By: /Ali Mokhtare Zadeh/
`
`President
`
`BIO HEALING THERAPY
`INDUSTRIES INC.
`
`
`
`Applicant
`
`
`8201 KEELE STREET UNIT #5-6
`CONCORD, ON L4K1Z4
`CANADA
`ali@atshealthandbeautycare.com
`Phone: 416-953-5833
`
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`This is to certify that on this 30th day of June 2017, a true and correct copy of the
`foregoing Answer to Notice of Opposition is being sent by email to Opposer's counsel:
`
`
`SIMOR L MOSKOWITZ
`WESTERMAN HATTORI DANIELS & ADRIAN LLP
`1250 CONNECTICUT AVENUE NW, STE 700
`WASHINGTON, DC 20036
`UNITED STATES
`smoskowitz@whda.com
`Phone: 202-822-1100
`
`
`
`
`

`

`6/30/2017
`
`Screenshot 2017-06-30 at 16.08.34.png
`
`chrome-extension://nlkncpkkdoccmpiclbokaimcnedabhhm/gallery.html
`
`1/1
`
`

`

`6/30/2017
`
`TM TKO
`
`Knockout Report
`ISOGEL
`Classes
`003
`
`Goods and Services
`topical gel for medical and therapeutic use, namely, ultrasound gel [003]; lotions [003]
`
`06/30/2017 03:06 PM CDT
`
`Confusion Risks
`
`100
`
`80
`
`60
`
`40
`
`20
`
`Mark Similarity
`
`0
`
`0
`
`10
`
`20
`
`30
`
`40
`
`50
`Goods/Services Similarity
`
`60
`
`70
`
`80
`
`Registered
`
`Pending / Revivable
`
`Inactive
`
`Common owner indicated by color
`
`Descriptiveness Risk / Term Strength
`
`gel [003]
`
`isogel [003]
`
`iso [003]
`
`100%
`
`80%
`
`60%
`
`40%
`
`20%
`
`0%
`
`20%
`
`40%
`
`60%
`
`Distinctiveness / Disclaimer Risk
`
`Term Strength
`
`https://www.tmtko.com/knockouts/640981
`
`1/26
`
`

`

`6/30/2017
`
`TM TKO
`
`Mark
`
`Details
`
`Goods/Services
`
`Owner
`
`005 gel for ultrasound and diagnostic imaging; lotions
`for ultrasound and diagnostic imaging
`
`Bio Healing Therapy Industries
`Inc.
`
`003 non-medicated toiletries; non-medicated skin
`care preparations; soaps; liquid hand soap;
`antibacterial cleaning agents for the hands, namely,
`antibacterial liquid soap; non-medicated body sprays;
`barrier preparations for the skin, namely, skin
`creams; non-medicated impregnated wipes for
`personal use, namely, wipes impregnated with a skin
`cleanser; wipes, cloths, pads, tissues and sponges
`impregnated with cleaning preparations, namely,
`wipes impregnated with skin cleanser; deodorants
`and anti-perspirants for personal use; mouth washes;
`shaving preparations; detergents; antibacterial skin
`soaps; detergent soaps; cleaning preparations
`incorporating substances for the control of allergens
`005 disinfecting preparations, namely, disinfectant
`liquid and disinfectant spray for medical instruments
`and all purpose disinfectants; germicides; bactericidal
`cleansing preparations for the skin, namely, antiseptic
`and antibacterial hand sanitizers; articles impregnated
`with a disinfectant, antiseptic or antibacterial product,
`namely, antiseptic wipes and antibacterial sprays;
`sanitizing wipes, namely, cloths, wipes, tissues and
`sponges impregnated with disinfectant or antiseptic;
`air deodorisers; air purifying preparations; air
`sanitizing preparations; air deodorising preparations;
`preparations and substances for neutralising,
`controlling or reducing allergens, namely, air purifying
`preparations; medicated skin and hair care
`preparations; insect repellents
`
`025 gel filled insert for insoles for sale to consumers;
`gelfilled inserts sold to manufacturers to be placed in
`clothing and headwear
`
`8201 Keele Street
`Unit #5-6
`Concord ON CA
`
`Pencrest Pty Ltd
`
`Level 7
`193 North Quay
`BRISBANE, QLD 4000 AU
`
`Pittsburgh Plastics
`Manufacturing, Inc.
`
`140 Kriess Road
`Kriess Industrial Park
`Butler PA
`
`001 powder for forming a gel suitable for use as a
`medium for isoelectric focusing
`
`Lonza Sales Ag
`
`MUENCHENSTEINERSTRASSE 38
`BASEL CH
`
`ISOGEL
`Serial: 87080824
`
`Published
`Pub: 12/13/2016
`Filed: 06/22/2016
`
`ISOCOL
`Reg: 4212084
`Serial: 79103864
`
`Registered
`Reg: 09/25/2012
`Pub: 07/10/2012
`Filed: 09/16/2011
`
`ISOGEL
`Reg: 2582492
`Serial: 75263362
`
`ISOGEL
`Reg: 1217161
`Serial: 73282047
`
`Registered
`Renewal:
`09/11/2012
`Affidavits: 8; 15
`Reg: 06/18/2002
`Pub: 10/14/1997
`Filed: 03/21/1997
`First Use:
`04/01/1998
`
`Registered
`Renewal:
`11/03/2012
`Affidavits: 8; 15
`Reg: 11/23/1982
`Pub: 08/31/1982
`Filed: 10/16/1980
`First Use:
`04/05/1979
`
`https://www.tmtko.com/knockouts/640981
`
`2/26
`
`

`

`6/30/2017
`
`TM TKO
`
`Mark
`
`Details
`
`Goods/Services
`
`ISOGEL
`Reg: 4414108
`Serial: 85848991
`
`ISOGEL
`Reg: 3887507
`Serial: 77811220
`
`Registered
`Reg: 10/08/2013
`Pub: 07/23/2013
`Filed: 02/13/2013
`First Use:
`11/19/2007
`
`Registered
`Affidavits: 8; 15
`Reg: 12/07/2010
`Pub: 04/13/2010
`Filed: 08/24/2009
`First Use:
`03/21/1997
`
`027 viscous gel polymer sold as a component of
`flooring covers, namely, floor mats and anti-fatigue
`mats
`
`001 viscous gel polymer in gel form for use in the
`manufacture of custom cushioned products
`010 viscous gel polymer sold as a component of
`finished custom cushioned medical and therapeutic
`devices and equipment, namely, therapeutic braces,
`neo-natal care pouches, and polymer custom
`cushioned orthotic inserts for footwear; polymer
`custom cushioned orthotic inserts for footwear
`012 viscous gel polymer sold as a component of
`finished custom cushioned vehicular and wheel chair
`seats and back cushions
`017 viscous gel polymer material in sheet form and
`cast shapes for use in manufacture of custom
`cushioned products for use in the fields of medical,
`therapeutic, safety, apparel, footwear, and sporting
`goods
`025 polymer custom cushioned shoe inserts for
`primarily non-orthopedic purposes; viscous gel
`polymer sold as a component of finished custom
`cushioned footwear for non-orthopedic purposes and
`apparel
`
`Owner
`
`Pittsburgh Plastics
`Manufacturing, Inc.
`
`140 Kriess Road
`Butler PA
`
`Pittsburgh Plastics
`Manufacturing, Inc.
`
`140 Kriess Road
`Butler PA
`
`ISO-C
`Reg: 3375965
`Serial: 78792597
`
`ICEGEL
`Reg: 4094504
`Serial: 85172462
`
`ISO INTERNATIONAL
`Disclaims:
`"INTERNATIONAL"
`Serial: 87401932
`
`Registered
`Affidavits: 8
`Reg: 01/29/2008
`Pub: 11/13/2007
`Filed: 01/16/2006
`First Use:
`10/15/2005
`
`Registered
`Reg: 01/31/2012
`Pub: 03/29/2011
`Filed: 11/09/2010
`First Use:
`01/28/2010
`
`Pending
`Filed: 04/06/2017
`First Use:
`05/18/2016
`
`003 cosmetic preparations for skin renewal; wrinkle
`removing skin care preparations
`005 nutritional supplements in lotion form sold as a
`component of nutritional skin care products
`
`Ruhe, Rodney, Charles
`
`1122 Halifax Avenue
`Davis CA
`
`De Roblin, Inc.
`
`17070 Green Drive
`City of Industry CA
`
`Iso International
`
`1718 Pioneer Ave. #201
`Cheyenne WY
`
`003 nail polish
`
`003 cosmetics; nutritional oils for cosmetic purposes;
`skin and body topical lotions, creams and oils for
`cosmetic use
`005 dietary supplemental drinks; dietary supplements
`for human consumption; dietary and nutritional
`supplements; dietary and nutritional supplements for
`endurance sports; dietary beverage supplements for
`human consumption in liquid and dry mix form for
`therapeutic purposes; dietary food supplements;
`health food supplements; liquid nutritional
`supplement; natural dietary supplements; natural
`herbal supplements; powdered nutritional supplement
`concentrate; powdered nutritional supplement drink
`mix
`
`https://www.tmtko.com/knockouts/640981
`
`3/26
`
`

`

`6/30/2017
`
`TM TKO
`
`Mark
`
`Details
`
`Goods/Services
`
`001 organic debris remover, and bio-remediation
`products, namely, microbial compositions that
`consume and digest hydrocarbons, bio-degradable
`biochemical preparations, and bio-degradable water
`treatment chemical concentrate for breaking down
`and reducing organic debris, for use in commercial,
`industrial, medical and residential buildings, trash and
`refuse containers, drain lines, outside drains,
`statuaries, compactors, overflow lines, grease traps,
`septic systems, loading docks, rendering vats,
`elevator pits, lift stations, trough drains, vault toilets,
`showers, ceramic tile floors and other areas having
`organic build-up
`003 drain cleaners
`
`005 antiseptic hand cleanser
`
`Owner
`
`Killgerm Group Limited
`
`Wakefield Road
`Ossett, West Yorkshire GB
`
`Coloplast A/S
`
`HOLTEDAM 1
`HUMLEBAEK DK
`
`BIO-GEL
`Reg: 3207467
`Serial: 78633710
`
`ISAGEL
`Reg: 2340921
`Serial: 75683925
`
`ACTISOOTHE
`Reg: 4251891
`Serial: 75983751
`
`ISODIOL
`Reg: 5167307
`Serial: 86729011
`
`Registered
`Renewal:
`04/10/2017
`Affidavits: 8; 15
`Reg: 02/13/2007
`Pub: 11/28/2006
`Filed: 05/20/2005
`First Use:
`08/19/2002
`
`Registered
`Renewal:
`04/24/2010
`Affidavits: 8; 15
`Reg: 04/11/2000
`Pub: 12/14/1999
`Filed: 04/16/1999
`First Use:
`09/14/1988
`
`Registered
`Affidavits: 8; 15
`Reg: 11/10/2009
`Pub: 11/11/2008
`Filed: 06/17/2008
`First Use:
`11/13/2008
`
`Registered
`Reg: 03/21/2017
`Pub: 07/12/2016
`Filed: 08/18/2015
`First Use: 07/2014
`
`SUISOVIE
`Reg: 4202679
`Serial: 77738691
`Translated: The wording
`"SUISOVIE" has no
`meaning in a foreign
`language.
`
`Registered
`Reg: 09/04/2012
`Pub: 01/12/2010
`Filed: 05/16/2009
`First Use:
`05/03/2012
`
`003 non-medicated skin care preparations, namely,
`creams, lotions, gels and serums for the face and
`body
`
`Actimuse, Llc
`
`1410 Westway Circle
`Carrollton TX
`
`Visage Pro Usa, Llc
`
`3246 Grey Hawk Ct.
`Carlsbad CA
`
`003 cosmetics; nutritional oils for cosmetic purposes;
`skin and body topical lotions, creams and oils for
`cosmetic use
`005 dietary and nutritional supplements; dietary and
`nutritional supplements containing oils and crystals;
`dietary beverage supplements for human
`consumption in liquid and dry mix form for therapeutic
`purposes; dietary food supplements; health food
`supplements
`
`003 soap; skin care; skin lotions; skin gel; skin
`cream; skin cleansing cream; skin conditioner; skin
`moisturizer; beauty masks; body masks; body oils;
`shampoo; conditioner; hair gel; essential oils for
`personal use
`
`Suisovie Inc.
`
`Suite 206
`11340 E. Olympic Boulevard
`Los Angeles CA
`
`https://www.tmtko.com/knockouts/640981
`
`4/26
`
`

`

`6/30/2017
`
`TM TKO
`
`Mark
`
`Details
`
`Goods/Services
`
`Owner
`
`ISOMERS
`Reg: 2911472
`Serial: 76492774
`
`MEDI-SOOTHE
`Reg: 2752171
`Serial: 76398939
`
`ISOBULLE
`Reg: 5225410
`Serial: 79193142
`Translated: The English
`translation of "ISO" and
`"BULLE" in the mark is
`"EQUAL" (translated from
`Greek) and "BUBBLE"
`(translated from French).
`The wording "ISOBULLE"
`has no meaning in a
`foreign language.
`
`PHISODERM
`Reg: 3334303
`Serial: 77139998
`
`DAISO
`Serial: 86334486
`
`Registered
`Renewal:
`07/18/2014
`Affidavits: 8; 15
`Reg: 12/14/2004
`Pub: 01/20/2004
`Filed: 02/20/2003
`First Use: 08/1997
`
`Registered
`Renewal:
`08/24/2013
`Affidavits: 8; 15
`Reg: 08/19/2003
`Pub: 05/27/2003
`Filed: 04/23/2002
`First Use: 08/2001
`
`Registered
`Reg: 06/20/2017
`Pub: 04/04/2017
`Filed: 07/29/2016
`
`Registered
`Renewal:
`06/29/2017
`Affidavits: 8; 15
`Reg: 11/13/2007
`Pub: 08/28/2007
`Filed: 03/26/2007
`First Use: 07/2006
`
`Published
`Pub: 06/13/2017
`Filed: 07/11/2014
`First Use:
`01/17/2012
`
`Isomers Laboratories Inc.
`
`105 Tycos Drive
`Toronto, Ontario CA
`
`003 skin care products, namely, creams, gels, lotions,
`sprays, oils, jellys and non-medicated serums for
`cleansing, moisturizing, decorating, enhancing and
`treating the skin of the body, face and head,
`tanning/sun protection products, namely, sun tan
`lotion and sun-screen preparations, deodorants, hair
`removal preparations, skin lightening products,
`namely, creams and liquids that brighten the skin ;
`liquid soaps; creams; gels; lotions; sprays; oils; jellys;
`non-medicated serums and powders used to decorate
`or enhance the skin, eyes, lips, cheeks and face,
`namely, foundation, face powder, rouge-blusher,
`under eye cover, eye shadow, eye liner, mascara,
`lipstick, eye pencils and lip pencils, lip gloss, hair color
`005 acne medications
`
`003 skin care creams; lotions; face creams; peeling
`creams and gels; exfoliants; facial masks; foot care;
`foot creams; foot powders; non-medicated salts;
`lotions; skin and facial cleansers; shaving cremes; eye
`creams and gels
`
`Pevonia International, Llc
`
`300 FENTRESS BLVD.
`DAYTONA BEACH FL
`
`003 skin whitening preparations; laundry detergents;
`polishing preparations; degreasing preparations for
`keratinic material, notably skin; abrasive preparations
`for keratinic material, notably skin; soaps; perfumes;
`essential oils; cosmetics; hair lotions; dentifrices;
`depilatories; make-up removing preparations; lipstick;
`beauty masks; shaving gel; cream; lotion; leather
`preserving polishes; creams for leather
`
`Capsum
`
`HELIOPOLIS II, 126 BOULEVARD
`BARA
`F-13013 MARSEILLE
`FR
`
`003 lathering; emollient; skin cleansers; antibacterial
`skin cleansers; skin creams; skin moisturizers;
`medicated; non-medicated soaps; facial scrubs;
`washes
`005 medicated skin cleansers; scrubs; medicated skin
`creams; lotions
`
`The Mentholatum Company
`
`707 Sterling Drive
`Orchard Park NY
`
`Daiso Industries Co., Ltd.
`
`1-4-14 Yoshiyuki Higashi, Saijo,
`Higashihiroshima-city,
`Hiroshima JP
`
`001 (based on 44(e fertilizers; photographic paper;
`unexposed photographic films
`002 (based on 44(e nonferrous metals in foil or
`powder form for painters, decorators, printers and
`artists; precious metals in foil or powder form for
`painters, decorators, printers and artists; (based on
`use in commerce) paints; water colors for drawing
`pictures
`003 (based on 44(e sandpaper; abrasive cloth;
`abrasive sand; polishing paper; (based on use in
`commerce) adhesives for affixing false eyelashes;
`shoe cream ; shoe polish; polishing preparations;
`soaps and detergents; dentifrices; cosmetics and non-
`
`https://www.tmtko.com/knockouts/640981
`
`5/26
`
`

`

`6/30/2017
`
`TM TKO
`
`Mark
`
`Details
`
`Owner
`
`medicated toiletries; perfume; essential oils; incenses
`Goods/Services
`and fragrances; potpourri; air fragrancing
`preparations; perfuming sachets; artificial pumice
`stone for personal use; false nails; false eyelashes
`005 (based on 44(e oiled paper for medical purposes;
`wrapping wafers for medicine doses, namely, drug
`delivery agents in the form of edible wafers for
`wrapping powdered pharmaceuticals; gauze for
`dressings; empty capsules for pharmaceuticals;
`eyepatches for medical purposes; ear bandages;
`menstruation bandages; menstruation tampons;
`sanitary napkins; sanitary panties; absorbent cotton
`for medical purposes; liquid wound dressings; breast-
`nursing pads; adult diapers; baby diapers; infant
`diaper covers; dietary supplements for humans;
`dietetic beverages adapted for medical purposes;
`dietetic foods, namely, pasta and crackers adapted for
`medical purposes; food for babies; (based on use in
`commerce) medicated bath preparations; adhesive
`plasters for medical purposes; bandages for
`dressings
`009 (based on 44(e fire alarms; gas alarms; burglar
`alarms; personal security alarms; detachable anti-
`glare visors for protective helmets; cinematographic
`machines and apparatus; optical machines and
`apparatus, namely, telescopes, binoculars, tripods for
`telescopes; electric and magnetic meters;
`telecommunication machines and apparatus, namely,
`telephone apparatus, tv sets, radios, cases for mobile
`phones, antennas; gas masks; welding masks; gloves
`for protection against accidents; game programs for
`home video game machines; electronic circuits and
`cd-roms recorded with programs for hand-held games
`with liquid crystal displays; protective helmets for
`sports; metronomes; electronic circuits and cd-roms
`recorded with automatic performance programs for
`electronic musical instruments; downloadable music
`files; exposed cinematographic films; exposed slide
`films; slide film mounts; (based on use in commerce)
`ear plugs for divers; anti-dazzle shades, namely,
`display protector to provide shade and privacy for
`electronic devices having screens; photographic
`machines and apparatus, namely, tripods for
`cameras; optical machines; magnifying glass;
`measuring; testing machines; length measuring
`gauges; directional compasses; tape measures;
`telecommunication machines and apparatus, namely,
`cases for mobile phones, battery chargers,
`microphones, telephone headsets, headsets for
`mobile telephones, earphones; electronic machines;
`computer peripherals; timers; pocket calculators; dust
`masks; spectacles; eyeglasses; goggles for sports
`010 (based on use in commerce) ear plugs for
`swimming; sanitary masks for medical purposes
`016 (based on 44(e (based on use in commerce)
`pastes and other adhesives for stationery or
`household purposes; sealing wax; decorators'
`paintbrushes; containers of paper, for packaging;
`paper bags and sacks; plastic bags for packaging;
`food wrapping plastic film for household purposes;
`garbage bags of paper; garbage bags of plastics;
`embroidery design patterns of paper; printed paper
`
`https://www.tmtko.com/knockouts/640981
`
`6/26
`
`

`

`6/30/2017
`
`TM TKO
`
`Mark
`
`Details
`
`Owner
`
`patterns for making clothes; tailors' chalk; banners of
`Goods/Services
`paper; flags of paper; hygienic hand towels of paper;
`towels of paper; table napkins of paper; hand towels
`of paper; handkerchiefs of paper; paper and
`cardboard; stationery; printed matter, namely,
`calendars, post cards, maps, diaries, address books,
`day planners, posters, and books in the field of
`puzzles, cooking, housekeeping, hobbies, computers;
`paintings and calligraphic works; photographs;
`photograph stands
`018 (based on use in commerce) baggage tags
`019 (based on 44(e stones for pot bottom for use in
`gardening
`021 (based on 44(e polishing cloth
`029 (based on use in commerce) processed fisheries
`products, namely, processed fish; processed
`vegetables and fruits; curry mixes and soup mixes
`030 (based on use in commerce) tea; cocoa;
`chocolate; seasonings
`031 (based on 44(e seeds and bulbs; live trees; live
`grasses; nonartificial turf; dried flowers; seedlings;
`saplings; natural flowers; pasture grass; potted
`dwarfed trees; live mammals; live pet birds and
`insects; rough cork; palm tree leaves; unworked
`032 (based on 44(e extracts of hops for making beer
`033 (based on 44(e sake; chinese liquors; flavored
`tonic liquors
`
`ROXISOMES
`Reg: 3032304
`Serial: 78542682
`
`Registered
`Renewal:
`02/29/2016
`Affidavits: 8; 15
`Reg: 12/20/2005
`Pub: 09/27/2005
`Filed: 01/05/2005
`First Use:
`06/10/2004
`
`003 biologically active ingredient for use in the
`preparation of creams, lotions or gels for the hands,
`face or body by manufacturers of cosmetics or
`personal care products
`
`Applied Genetics Incorporated
`Dermatics
`
`767 Fifth Avenue
`New York NY
`
`https://www.tmtko.com/knockouts/640981
`
`7/26
`
`

`

`Owner
`
`Iso International
`
`2150 Palomar Airport Road #206
`Carlsbad CA
`
`6/30/2017
`
`TM TKO
`
`Mark
`
`Details
`
`Goods/Services
`
`ISOSPORT
`Serial: 87246154
`
`Pending
`Filed: 11/23/2016
`
`003 essential oils for flavoring beverages; flavorings
`for beverages being essential oils; flavorings for
`beverages being essential oils; flavorings for
`beverages being essential oils; sunscreen creams;
`essential oils for flavoring beverages
`005 anti-inflammatory sprays; anti-itch cream; cooling
`sprays for medical purposes; dietary beverage
`supplements for human consumption in liquid and dry
`mix form for therapeutic purposes; dietary food
`supplements; dietary supplement drink mixes; dietary
`supplemental drinks; dietary supplemental drinks in
`the nature of vitamin and mineral beverages; dietary
`and nutritional supplements for endurance sports;
`medicinal preparations for the mouth to be applied in
`the form of drops, capsules, tablets and compressed
`tablets; nutraceuticals for use as a dietary
`supplement; nutritional and dietary supplements
`formed and packaged as bars; powdered fruit-
`flavored dietary supplement drink mix; sports cream
`for relief of pain; therapeutic spray to sooth and relax
`the muscles; vitamin drops; powdered fruit-flavored
`dietary supplement drink mix; vitamins and dietary
`food supplements for animals
`030 flavorings for beverages, other than essential oils;
`flavorings for beverages, other than essential oils;
`flavorings, other than essential oils, for beverages;
`flavorings, other than essential oils, for beverages;
`flavourings, other than essential oils, for beverages;
`flavourings, other than essential oils, for beverages;
`herbal flavourings, other than essential oils, for
`making beverages; herbal flavourings, other than
`essential oils, for making beverages; syrup for
`flavoring food or beverages
`
`003 moisturizing creams for the skin
`
`Fibrocell Technologies, Inc.
`
`405 EAGLEVIEW BOULEVARD
`EXTON PA
`
`ISOLAGEN
`Reg: 2344144
`Serial: 75979131
`
`Registered
`Renewal:
`05/08/2009
`Affidavits: 8; 15
`Reg: 04/18/2000
`Pub: 06/24/1997
`Filed: 09/25/1996
`First Use:
`08/27/1999
`
`https://www.tmtko.com/knockouts/640981
`
`8/26
`
`

`

`6/30/2017
`
`TM TKO
`
`Mark
`
`Details
`
`Goods/Services
`
`ISOFLAVANDIOL
`Serial: 86946515
`Supplemental Reg.
`
`Pending
`Filed: 03/20/2016
`
`003 non-medicated animal grooming preparations for
`dogs, cats, pets, domesticated animals, and livestock,
`namely, cosmetics, conditioners, shampoos and
`supplements; cleaning and air and room fragrancing
`preparations; essential oils and aromatic oil extracts;
`tailors' and cobblers' wax; non-medicated toiletries;
`abrasive preparations for skin
`005 anti-cavity dental preparations containing fluoride
`and articles in the nature of toothpaste and whitening
`agents; dietary supplements and dietetic preparations
`in the nature of sugar for medical use; hygienic
`preparations in the nature of disinfectants; pest
`control preparations in the nature of insecticides and
`articles in the nature of essential oils and defusing
`devices
`044 agriculture, aquaculture, horticulture and forestry
`services, namely, pest control services; animal
`grooming services; animal healthcare services;
`human healthcare services; human hygienic and
`beauty care
`
`Owner
`
`System Biologie Ag
`
`Sihleggstrasse 23
`Wollerau CH
`
`ISOPLUS
`Reg: 1352315
`Serial: 73425451
`
`EASYGEL
`Reg: 1285725
`Serial: 73368582
`
`ISOCARE
`Serial: 87412449
`
`Registered
`Renewal:
`07/18/2005
`Affidavits: 8; 15
`Reg: 08/06/1985
`Pub: 05/28/1985
`Filed: 05/04/1983
`First Use:
`01/01/1983
`
`Registered
`Renewal:
`07/22/2014
`Affidavits: 8; 15
`Reg: 07/17/1984
`Pub: 04/24/1984
`Filed: 06/08/1982
`First Use: 02/1982
`
`Pending
`Filed: 04/14/2017
`
`003 hair and scalp conditioners and preparations for
`black persons namely, hair and scalp conditions, hair
`shampoos, aerosol and non-aerosol hair sprays and
`cold wave curl activators
`
`Jm Products Isoplus, Llc
`
`21841 WYOMING
`OAK PARK MI
`
`003 stannous fluoride gel for preventing cavities
`
`Du More, Inc.
`
`1751 SOUTH FIRST ST.
`Rogers AR
`
`13523 Hawthorne, Llc
`
`13523 Hawthorne Blvd
`Hawthorne CA
`
`003 body lotion; body wash; hand cream; hand
`lotions; skin cleansers; skin moisturizer; skin
`moisturizer masks; skin moisturizers used as
`cosmetics; skin moisturizing gel; non-medicated skin
`serum ; non-medicated skin serums
`005 antibacterial hand lotions; medical preparations,
`namely, foot, hand and skin creams for diabetics;
`medical preparations, namely, foot, hand and skin
`creams for diabetics; medicated lotions for treatment
`of dry irritated skin; creams; lotions; gels; toners;
`cleaners; peels; sports cream for relief of pain
`
`https://www.tmtko.com/knockouts/640981
`
`9/26
`
`

`

`6/30/2017
`
`TM TKO
`
`Mark
`
`Details
`
`Goods/Services
`
`Pending
`Filed: 11/23/2015
`
`GISOU
`Serial: 79180692
`Translated: The English
`translation of "GISOU" in
`the mark is "woman's
`hair".
`
`ISOSENSUALS
`Reg: 4636387
`Serial: 86224314
`
`Registered
`Reg: 11/11/2014
`Pub: 08/26/2014
`Filed: 03/18/2014
`First Use:
`01/28/2010
`
`003 perfumery; toilet water; soaps for personal use;
`non-medicated toiletries; make-up preparations; non-
`medicated preparations for hair for care, bleaching,
`curling, styling, straightening, coloring, relaxing,
`cleaning, waving and detangling hair; deodorant for
`personal use; skincare cosmetics; cosmetic creams;
`essential oils; lotions for cosmetic purposes; non-
`medicated sun care preparations; cosmetic tanning
`preparations; after-sun creams; body; hands; face;
`hair moisturizers; bath; body; baby; massage;
`perfume; essential oils; cosmetic; beauty;
`moisturizing; bath; body; cleansing milks; eye; body;
`beauty; bathing; skin; shaving; massage; hand; hair;
`styling lotions; beauty; hair; shower; shaving; bath;
`eye; styling gels; potpourris
`004 mazut; tapers; perfumed candles; floating
`candles; table candles; aromatherapy fragrance
`candles; lamp wicks; wicks for candles for lighting; tea
`lights candles; patio torches being candles; light oil;
`imitation wood logs for fireplaces; paraffin
`021 household and kitchen utensils, namely, pots,
`pans, ice buckets, saucepans, salad bowls, salt
`shakers, chopping boards for kitchen use, and serving
`scoops; insulated containers for food or beverage for
`domestic use; all-purpose portable household
`containers; kitchen containers; porcelain and
`terracotta dishes, bowls and sugar bowls, flower
`vases, trays for serving and domestic purposes,
`plates, saucers, cake serving dishes, coffee and tea
`sets composed of coffee cups, tea cups, and mugs,
`dishes and cups; combs; cleaning sponges; toiletry
`sponges; microdermabrasion sponges for cosmetic
`use; cleaning brushes for household use; power-
`operated and hand-operated brushes used to clean,
`smooth and exfoliate skin; cosmetic spatulas and
`brushes; applicator sticks for applying make-up;
`applicators sold empty for applying cosmetic lotions
`for skin, hair, face and body; cases for combs and
`toothbrushes; fitted vanity cases; cleaning cloth;
`cotton; pads; cleaning mitts of fabric; disposable
`gloves for home use; steel wool; beverage glassware;
`bottles sold empty; white china and decorated
`porcelain, namely, pots, bowls, egg cups and flower
`vases, boxes of porcelain, namely, recipe, window,
`candy and soap boxes, all sold empty; candlesticks;
`dinnerware; bowls; candle extinguishers
`
`003 beauty creams for body care
`005 dietary and nutritional supplements
`
`Owner
`
`Nm Holding B.V.
`
`WISSELWEG 33
`NL-1314 CB ALMERE
`NETHERLANDS
`
`Pioneer Research Labs Inc
`Dba Iso Sensuals
`
`www.isosensuals.com
`1325 Howard Ave #155
`Burlingame CA
`
`https://www.tmtko.com/knockouts/640981
`
`10/26
`
`

`

`6/30/2017
`
`TM TKO
`
`Mark
`
`Details
`
`Goods/Services
`
`ISOMARINE
`Reg: 2985604
`Serial: 79002740
`
`Registered
`Reg: 08/16/2005
`Pub: 05/24/2005
`Filed: 11/06/2003
`
`003 perfumery; non-medicated cosmetic preparations
`based on algae and active marine components for
`care of the face, body and hair; body and facial
`cleansing emulsions; face; body; bath cleansing milks;
`non-medicated tonic lotions for face, body and hair;
`beauty masks; exfoliants, namely, skin peeling
`preparations and scrubbing preparations for face and
`body; body; cold; eye; face creams; body, eye and
`face gels and skin care products, namely, non-
`medicated skin serums for beauty care; hydrating
`bath and body milks, oils and essential oils for
`personal use, body lotions, soaps, and algae powder
`for face, body and hair care; shampoos; shower gels;
`bath foam; bath gels; oils; milks; pearls; salts;
`powders; effervescent shower and bath tablets in the
`nature of bubble bath
`
`Owner
`
`SociÉtÉ Ile Vierge
`
`PRAT MENAN
`F-29880 PLOUGUERNEAU FRANCE
`
`DAISOGEL
`Reg: 2700228
`Serial: 76431353
`
`ISOGEL
`Reg: 4349257
`Serial: 85713349
`
`ISO-GON
`Reg: 1247507
`Serial: 73362415
`
`ISO-SNAPS
`Serial: 87338073
`
`Registered
`Renewal:
`12/18/2012
`Affidavits: 8; 15
`Reg: 03/25/2003
`Pub: 12/31/2002
`Filed: 07/15/2002
`First Use: 00/1982
`
`Registered
`Reg: 06/11/2013
`Pub: 03/26/2013
`Filed: 08/27/2012
`First Use:
`06/30/2003
`
`Registered
`Renewal:
`08/06/2013
`Affidavits: 8; 15
`Reg: 08/09/1983
`Pub: 05/17/1983
`Filed: 04/30/1982
`First Use:
`01/13/1978
`
`Published
`Pub: 06/27/2017
`Filed: 02/16/2017
`First Use:
`12/20/2016
`
`001 silica gels for chromatography
`
`Osaka Soda Co., Ltd.
`
`10-8, EDOBORI 1-CHOME, NISHI-KU
`OSAKA-SHI, OSAKA JAPAN
`
`020 mattresses, mattress accessories, namely,
`mattress toppers, pillows, sleeping mats, beds for
`household pets, pet cushions, bolsters, pillow cases
`or toppers
`024 cushioning products, namely, pillow covers,
`mattress covers, bed covers, and bed linens, mattress
`pads, bed pads, bedding, namely, fitted bed sheets
`for pets
`
`Pittsburgh Plastics
`Manufacturing, Inc.
`
`140 Kriess Road
`Butler PA
`
`003 a liquid cleaning solution for cleaning, descaling
`and decontaminating laboratory glassware and
`hardware of radioactive particles, decontaminating
`reactor co

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket