Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA919243
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`Filing date:
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`08/30/2018
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91242582
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`Party
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`Correspondence
`Address
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`Defendant
`CVS Pharmacy, Inc.
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`ERICH G. RHYNHART
`CVS PHARMACY, INC.
`ONE CVS DRIVE MAILCODE: 1160
`WOONSOCKET, RI 02895
`UNITED STATES
`Erich.Rhynhart@CVSHealth.com, IPLegal@CVSCaremark.com
`no phone number provided
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Opposition/Response to Motion
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`Caroline E. Bryce
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`sstavish@sheridanross.com, mtrudell@sheridanross.com,
`cbryce@sheridanross.com
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`/Caroline E. Bryce/
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`08/30/2018
`
`Response in Opposition to Motion to Consolidate.pdf(341188 bytes )
`Exhibit 1.pdf(1367882 bytes )
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Service Mark Application Serial No. 87/618,806
`Filed on September 22, 2017
`For the mark “solid heart shape”
`Published in the Official Gazette on January 23, 2018
`________________________________________________
`rewardStyle, Inc.,
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`Opposer,
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`v.
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`CVS Pharmacy, Inc.,
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`Applicant.
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`________________________________________________)
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`Opposition No. 91242582
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`APPLICANT’S OPPOSITION TO OPPOSER’S MOTION TO CONSOLIDATE
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`Opposer rewardStyle, Inc., (“rewardStyle”) seeks to consolidate Opposition No. 91237141
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`(the “CVS Opposition”) filed by Applicant CVS Pharmacy, Inc., (“CVS”) with Opposition No.
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`91242582 (the “rewardStyle Opposition”) filed by rewardStyle. For the reasons set forth below,
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`CVS requests the Board deny rewardStyle’s motion to consolidate the proceedings.
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`Brief In Support Of Applicant’s Request the Board Deny Opposer’s Motion to Consolidate
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`I.
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`Introduction
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`CVS filed the CVS Opposition on October 10, 2017, in opposition to four trademark
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`applications filed by rewardStyle. Discovery in the CVS Opposition is currently set to close on
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`September 15, 2018, and CVS’s pre-trial disclosures are due October 30, 2018. rewardStyle filed
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`the rewardStyle Opposition on July 23, 2018, in opposition to CVS’s U.S. Application No.
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`87/618,806 for its heart design mark covering “downloadable software in the nature of applications
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`for mobile phones, smart phones and tablets, namely, software that enables users to purchase retail
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`goods, prescriptions and general merchandise”. The deadline for CVS to file its answer in the
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`rewardStyle Opposition is September 4, 2018. To date, CVS has not filed its answer. rewardStyle
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`filed the present Motion to Consolidate the rewardStyle Opposition and the CVS Opposition on
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`August 10, 2018. CVS did not consent to the motion and hereby opposes the same as being
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`premature, that the oppositions are not a candidate for consolidation, and on the basis that
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`consolidation will prejudice CVS and will not serve the purpose of judicial economy.
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`II.
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`Statement of Facts
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`CVS filed the CVS Opposition on October 10, 2017, objecting to registration of
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`rewardStyle’s Application Serial Nos. 87/325,455, 87/325,459, 87/325,469, and 87/325,473 for a
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`“heart design” and “heart with segmented circle design” (“rewardStyle’s Marks”) on the grounds
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`of 1) priority and likelihood of confusion under Trademark Act Section 2(d), and 2) dilution by
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`blurring under Trademark Act Sections 2 and 43(c). CVS is the owner of several U.S. trademark
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`registrations, including U.S. Trademark Registration Nos. 5,291,669; 5,307,113; 5,307,166;
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`5,307,167; 5,101,942; 5,101,943; 5,187,089; 5,055,143; 5,055,142; 5,027,198; 5,031,926;
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`5,157,603; 5,157,590; 5,047,092; 5,088,325; 5,210,527; 5,281,778; 4,985,132; 5,464,994;
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`5,438,669; 5,443,768; 5,402,187; 5,396,894; 5,475,934; 5,402,011; and 5,324,613, for marks
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`consisting of or incorporating a heart design (collectively “the CVS Marks”), the earliest of which
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`were filed September 2, 2014. CVS relied on these registrations in fling the CVS Opposition.
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`CVS uses the CVS Marks in commerce in the U.S. in connection with a wide variety of
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`goods including, but not limited to, products for baby and child, beauty, diet and nutrition, general
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`pain relief, health and medicine, home health care, household and grocery, personal care, sexual
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`health, topical pain relief, vitamins; and services of retail sales of health related goods and the
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`goods of others, retail pharmacy, long-term care pharmacy, health clinics, infusion treatment
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`services, clinical programs for improved treatment adherence, prescription benefits management,
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`2
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`medical claims management, and the provision of information on health conditions and treatments
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`to help people progress to better health. CVS has a number of mobile applications that incorporate
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`the CVS Marks that are used in providing its goods and services to consumers. In view of this,
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`CVS filed U.S. Application No. 87/618,806 on September 22, 2017, for “downloadable software
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`in the nature of applications for mobile phones, smart phones and tablets, namely, software that
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`enables users to purchase retail goods, prescriptions and general merchandise” (the “Class 9
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`Application”). CVS did not plead or rely upon the Class 9 Application in the CVS Opposition.
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`Discovery in the CVS Opposition is currently set to close on September 15, 2018, and CVS’s pre-
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`trial disclosures are due October 30, 2018.
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`rewardStyle filed rewardStyle’s Marks” on February 6, 2017, on an intent to use basis
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`seeking registration of rewardStyle’s Marks for use in connection with downloadable mobile
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`applications and downloadable computer software to facilitate online shopping and promote the
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`goods and services of others, as well as services of promoting the goods and services of others.
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`rewardStyle filed the rewardStyle Opposition on July 23, 2018, on the grounds of priority and
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`likelihood of confusion under Trademark Act Section 2(d). CVS has not filed its Answer in this
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`proceeding, and the deadline for CVS to file its Answer falls under September 4, 2018, as the
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`deadline set forth in the Notice of Institution falls on a Saturday and the next succeeding day that
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`is not a Saturday, Sunday or a Federal holiday is Tuesday September 4, 2018. The deadline for
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`the close of discovery in the rewardStyle Opposition is set for March 30, 2019.
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`III. Argument
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`Under Fed. R. Civ. P. 42(a), if actions before the court involve a common question of law
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`or fact, the court may consolidate the actions or issue any other orders to avoid unnecessary cost
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`or delay. See Fed. R. Civ. P. 42(a). “In determining whether to consolidate proceedings, the Board
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`will weigh the savings in time, effort, and expense, which may be gained from consolidation,
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`against any prejudice or inconvenience that may be caused thereby.” TBMP § 511. The Board
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`typically will not consider a motion to consolidate until an answer has been filed in both
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`proceedings. Id.
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`When cases have been ordered consolidated, they may be presented on the same record
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`and briefs, and the Board will reset dates for the consolidated proceeding, usually by adopting the
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`dates as set in the most recently instituted of the cases being consolidated. However, each
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`proceeding retains its separate character and requires the filing of separate pleadings and entry of
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`a separate judgment. Moreover, if a final disposition has been entered as to one, but not both, of
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`the cases in a consolidated proceeding, the remaining case will no longer be considered
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`consolidated with the case for which a final disposition has been entered. See TBMP § 511 and
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`the cases cited therein.
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`A. rewardStyle’s Motion to Consolidate is premature because CVS has not filed its
`Answer
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`The Board should deny rewardStyle’s Motion to Consolidate because the motion is
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`premature. Pursuant to TBMP § 511 and the relevant case law, the Board generally will not
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`consider a motion to consolidate until an answer has been filed in both proceedings. TBMP § 511.
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`CVS’s Answer to the rewardStyle Opposition is due September 4, 2018, and has not yet been filed
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`by CVS.
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`CVS also points out that, unlike in the case of consolidated or combined complaints where
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`oppositions filed against different applications owned by the same party are consolidated in one
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`complaint before the answer is filed to save time, effort and expense in filing multiple answers,
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`this case seeks to consolidate the opposition of a single application owned by CVS with the
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`opposition of four applications owned by rewardStyle. Therefore, there is no saving in time, effort
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`or expense gained by consolidating Opposition No. 91242582 and Opposition No. 91237141 prior
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`to CVS filings its Answer in the rewardStyle Opposition. CVS will still need to file its Answer.
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`In view of the above, CVS requests that rewardStyle’s Motion to Consolidate be denied as
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`premature under TBMP § 511.
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`B. The Motion to Consolidate should be denied because the actions do not involve a
`common question of fact
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`The Board should deny rewardStyle’s Motion to Consolidate because the actions do not
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`involve a common question of fact. In order to consolidate actions for any purpose, the board must
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`first find that there are common questions of law or fact. See Lyons v. Andersen, 123 F. Supp. 2d
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`485, 487 (N.D. Iowa 2000) (Rule 42 requires the presence of common questions of law and fact
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`as a prerequisite for any consolidation); Izod, Ltd. v. La Chemise Lacoste, 178 USPQ 393, 441-42
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`(TTAB 1973) (consolidation denied where issues differed). The two actions involved herein
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`involve different goods and services and, by Opposer’s own statements involve inapposite
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`positions and thus different questions of fact.
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`rewardStyle is taking the position in the rewardStyle Opposition that rewardStyle’s Marks
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`are confusingly similar to the CVS heart design mark covered by its Class 9 Application when
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`used in connection with downloadable software in the nature of applications for mobile phones,
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`smart phones and tablets, namely, software that enables users to purchase retail goods,
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`prescriptions and general merchandise. In making this assertion, rewardStyle states in the Notice
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`of Opposition dated July 23, 2018, paragraph 20, that “[c]onsumers familiar with Opposer’s
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`rewardStyle Marks are likely to mistakenly believe that the [CVS] Goods/Services are sponsored
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`by, authorized by, endorsed, affiliated with or otherwise approved by [rewardStyle] because [the
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`CVS] Marks are confusingly similar
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`to Opposer’s rewardStyle Marks.”
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` The CVS
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`“Goods/Services” at issue in the rewardStyle Opposition is the downloadable software application
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`covered by its Class 9 Application, which is not pled or relied upon in the CVS Opposition.
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`In direct opposition to its position in the rewardStyle Opposition, rewardStyle previously
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`denied any likelihood of confusion between the CVS Marks relied upon in the CVS Opposition
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`and rewardStyle’s Marks in its answer to the CVS Opposition filed on January 18, 2018, and
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`proposed amended answer filed August 10, 2018. Specifically, rewardStyle denied the following
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`statement: “Consumers familiar with Opposer’s CVS Heart Marks, including the Heart Design by
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`itself, are likely to mistakenly believe that [rewardStyle’s] Goods/Services are sponsored by,
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`authorized by, endorsed, affiliated with or otherwise approved by [CVS] because [rewardStyle’s]
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`Marks are confusingly similar to [the] CVS Heart Marks.” See Exhibit 1, Answer dated January
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`18, 2018, and proposed amended answer dated August 10, 2018, paragraph 48.
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` The oppositions filed by CVS and rewardStyle involve the same marks, but the
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`applications and the goods and services covered thereunder are not the same. These differences,
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`and the resulting differences in the questions of fact are highlighted by the opposite positions
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`concerning likelihood of confusion that rewardStyle is attempting to take in the CVS Opposition
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`versus the rewardStyle Opposition. In view of these differences, CVS submits that the oppositions
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`are not suitable candidates for consolidation.
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`C. CVS Will Be Prejudiced in Opposition No. 91237141 If Consolidation is Granted
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`The Board should deny rewardStyle’s Motion to Consolidate because the oppositions are
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`in two very different stages and granting the motion will prejudice CVS. See Lever Brothers Co.
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`v. Shaklee Corp., 214 USPQ 654, 655 (TTAB 1982) (consolidation denied where one case was
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`just in pleading stage, and testimony periods had expired in other). As discussed above, the
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`rewardStyle Opposition is in the pleading stage with CVS’ answer not yet due. On the other hand,
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`the CVS Opposition is at the close of the discovery period and CVS is preparing its pretrial
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`disclosures. If consolidation is granted, the Board will reset dates for the consolidated proceeding
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`and adopt the dates from the most recently instituted case being consolidated, resulting in
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`significant delay in the CVS Opposition.
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`In addition to this delay, CVS will be prejudiced by proceeding on a single record. When
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`cases have been ordered consolidated, they may be presented on the same record. See TBMP §
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`511; Helene Curtis Industries, Inc. v. Suave Shoe Corp., 13 USPQ2d 1618, 1619 n.1 (TTAB 1989);
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`Hilson Research Inc. v. Society for Human Resource Management, 27 USPQ2d 1423, 1424 n.1
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`(TTAB 1993) (consolidation approved, thereby allowing the parties to present the proceedings on
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`the same record and briefs). In determining whether to consolidate, potential confusion or
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`prejudice is a factor to be considered. Doug Brady, Inc. v. New Jersey Bldg. Laborers Statewide
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`Funds, 250 F.R.D.171, 176 (D.N.J. 2008) (A court should weight the benefits of judicial economy
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`against the potential for new delays, expense, confusion or prejudice); Habitat Educ. Center, Inc.
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`v. Kimbell, 250 F.R.D. 390, 394 (E.D. Wisc. 2008) (In determining whether to consolidate, [courts]
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`consider such factors as judicial economy, avoiding delay, and avoiding inconsistent or conflicting
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`results). If the Board allows the consolidation, CVS will be prejudiced because the same record
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`and briefs will be utilized by rewardStyle in an attempt to support the contrary positions that in the
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`case of the CVS Opposition there is no likelihood of confusion, whereas in the rewardStyle
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`Opposition there is a likelihood of confusion. CVS respectfully submits that it is clear from
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`rewardStyle’s own pleadings, which take opposite positions on likely confusion, that there is a
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`great potential for confusion and that CVS would be prejudiced by consolidation of the
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`proceedings and being forced to proceed on a single record.
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`Further, rewardStyle has attempted to raise new issues in the CVS Opposition by virtue of
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`a Motion for Leave to Amend Answer filed in the CVS Opposition on August 10, 2018. CVS filed
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`a response on August 30, 2018, objecting to rewardStyle’s newly raised defenses, as they serve no
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`useful purpose, are not timely, and are insufficiently plead with respect to the CVS Opposition.
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`These issues were not raised in the rewardStyle Opposition and so to the extent that rewardStyle
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`may introduce evidence related to its proposed affirmative defenses in one opposition but the
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`evidence is not appropriate in the other opposition, CVS would be prejudiced by proceeding on
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`the same record in the oppositions as a result of the consolidation. In view of the above, CVS
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`requests that the Board deny the Motion to Consolidate.
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`IV. Conclusion
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`rewardStyle’s Motion to Consolidate should be denied as premature and because the CVS
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`Opposition and rewardStyle Opposition do not involve common questions of fact. Moreover,
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`consolidation will prejudice CVS because the subject oppositions are at different stages and
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`consolidation will delay the resolution of the CVS Opposition. Consolidation will also prejudice
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`CVS because the oppositions would proceed on the same record, despite rewardStyle taking
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`opposing positions on likely confusion in each proceeding, which will in and of itself cause
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`confusion in the cases. rewardStyle is also attempting to raise new issues in the CVS Opposition
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`to which CVS objects. In addition, there is little judicial economy to be gained because filing of
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`separate pleadings and entry of a separate judgment are still required. Thus, when evaluating the
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`relevant factors for consolidation, CVS submits that these factors do not support consolidation of
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`Opposition No. 91242582 and Opposition No. 91237141.
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`WHEREFORE, CVS respectfully requests that Opposer rewardStyle, Inc.’s Motion to
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`Consolidate Opposition No. 91242582 and Opposition No. 91237141 be denied.
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`By: _________________________
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`Sabrina C. Stavish, Esq.
`Miriam D. Trudell, Esq.
`Caroline E. Bryce, Esq.
`Sheridan Ross P.C.
`Attorneys for Opposer
`1560 Broadway, Suite 1200
`Denver, Colorado 80202-5141
`Phone: (303) 863-9700
`Fax: (303) 863-0223
`sstavish@sheridanross.com
`mtrudell@sheridanross.com
`cbryce@sheridanross.com
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`Date: August 30, 2018
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on this August 30, 2018, a true and correct copy of
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`the foregoing APPLICANT’S OPPOSITION TO OPPOSER’S MOTION TO CONSOLIDATE
`was emailed to the address below:
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`OPPOSER’S ATTORNEY OF RECORD
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`Shannon Zmud Teicher
`Jackson Walker LLP
`2323 Ross Avenue, Suite 600
`Dallas, Texas 75201
`Phone: (214) 953-5987
`steicheripdocket@jw.com
`boates@jw.com
`kneal@jw.com
`steicher@jw.com
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`_______________________________
`Sabrina C. Stavish
`Miriam D. Trudell
`Caroline E. Bryce
`Attorneys for Opposer
`Sheridan Ross P.C.
`1560 Broadway, Suite 1200
`Denver, CO 80202
`Phone: (303) 863-9700
`Fax: (303) 863-0223
`sstavish@sheridanross.com
`mtrudell@sheridanross.com
`cbryce@sheridanross.com
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`Exhibit 1
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`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA871945
`
`Filing date:
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`01/18/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91237141
`
`Party
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`Correspondence
`Address
`
`Defendant
`rewardStyle, Inc.
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`SHANNON ZMUD TEICHER
`JACKSON WALKER L.L.P.
`2323 ROSS AVENUE, SUITE 600
`DALLAS, TX 75201
`Email: steicheripdocket@jw.com, skunzle@jw.com
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Answer
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`Shannon Zmud Teicher
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`steicheripdocket@jw.com, boates@jw.com
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`/Shannon Zmud Teicher/
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`01/18/2018
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`Attachments
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`CVSPharmacyOppositionAnswer.pdf(488348 bytes )
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Exhibit 1
`
`In the Matter of Service Mark Application Serial No. 87/325,455
`Filed on February 6, 2017
`For the mark "heart design"
`Published in the Official Gazette on April 11, 2017
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`In the Matter of Service Mark Application Serial No. 87/325,459
`Filed on February 6, 2017
`For the mark "heart design"
`Published in the Official Gazette on April 11, 2017
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`In the Matter of Service Mark Application Serial No. 87/325,469
`Filed on February 6, 2017
`For the mark "heart and segmented circle design"
`Published in the Official Gazette on April 11, 2017
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`In the Matter of Service Mark Application Serial No. 87/325,473
`Filed on February 6, 2017
`For the mark "heart and segmented circle design"
`Published in the Official Gazette on April 11, 2017
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`CVS Pharmacy, Inc.,
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`Opposer,
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`v.
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`rewardStyle, Inc.,
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`Applicant.
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`Opposition No. 91237141
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`APPLICANT’S ORIGINAL ANSWER
`Applicant rewardStyle, Inc. (“Applicant”) hereby answers the Consolidated Notice of
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`Opposition (the “Notice of Opposition”) of Opposer CVS Pharmacy, Inc. (“Opposer”), which
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`concerns the marks "heart design" in Class 9 as applied for in Application Serial No. 87/325,455,
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`"heart design" in Class 35 as applied for in Application Serial No. 87/325,459, "heart and
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`segmented circle design" in Class 9 as applied for in Application Serial No. 87/325,469, and
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`Exhibit 1
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`"heart and segmented circle design" in Class 35 as applied for in Application Serial No. 87/325,473
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`(the "Applications").
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`I.
`ADMISSIONS AND DENIALS
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`In response to the allegations in the introductory paragraph of the Notice of Opposition,
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`Applicant admits that Opposer opposes the Applications and seeks to consolidate its opposition to
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`the marks into one proceeding. In further response to the allegations in the introductory paragraph
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`in the Notice of Opposition, Applicant denies that Opposer will be damaged by the issuance of a
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`registration for the marks shown in the Applications. Applicant lacks knowledge or information
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`sufficient to form a belief about the truth of the remaining allegations in the introductory paragraph
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`of the Notice of Opposition and, therefore, denies the same.
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`1.
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`Applicant filed Application Serial No. 87/325,455 for "heart design"
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`on February 6, 2017, on the basis of an intent to use the mark for the following goods in Class 9:
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`"downloadable mobile applications to facilitate online shopping; downloadable mobile
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`applications for use in promoting the goods and services of others; downloadable computer
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`software to facilitate online shopping; downloadable computer software for use in promoting the
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`goods and services of others".
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`ANSWER: Applicant admits the allegations in Paragraph 1 of the Notice of
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`Opposition.
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`2.
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`Applicant filed Application Serial No. 87/325,459 for "heart design"
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`(cid:1006) 
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`Exhibit 1
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`on February 6, 2017, on the basis of an intent to use the mark for the following goods in Class 35:
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`"promoting the goods and services of others".
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`ANSWER: Applicant admits the allegations in Paragraph 2 of the Notice of Opposition.
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`3.
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`Applicant filed Application Serial No. 87/325,469 for "heart and segmented circle design"
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`on February 6, 2017, on the basis of an intent to use the mark for the following goods in Class 9:
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`"downloadable mobile applications to facilitate online shopping; downloadable mobile
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`applications for use in promoting the goods and services of others; downloadable computer
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`software to facilitate online shopping; downloadable computer software for use in promoting the
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`goods and services of others".
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`ANSWER: Applicant admits the allegations in Paragraph 3 of the Notice of
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`Opposition.
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`4.
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`Applicant filed Application Serial No. 87/325,473 for "heart and segmented circle design"
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`(cid:1007) 
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`Exhibit 1
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`on February 6, 2017, on the basis of an intent to use the mark for the following goods in Class
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`35: "promoting the goods and services of others". (Goods and services contained in Application
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`Serial Nos. 87/325,455, 87/325,459, 87/325,469, and 87/325,473 are collectively referred to
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`herein "Applicant's Goods/Services").
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`ANSWER: Applicant admits the allegations in Paragraph 4 of the Notice of
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`Opposition.
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`5.
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`6.
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`The Opposed Applications were published for Opposition on April 11, 2017.
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`ANSWER: Applicant admits the allegations in Paragraph 5 of the Notice of Opposition.
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`On May 10, 2017, Opposer filed a 90 Day Request for Extension of Time to Oppose for
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`each of the Opposed Applications.
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`ANSWER: Applicant admits the allegations in Paragraph 6 of the Notice of
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`Opposition.
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`7.
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`The Extension of Time to Oppose was granted for each of the Opposed Applications until
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`August 9, 2017.
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`ANSWER: Applicant admits the allegations in Paragraph 7 of the Notice of
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`Opposition.
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`8.
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`On August 8, 2017, Opposer filed an additional 60 Day Request for Extension of Time to
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`Oppose for each of the Opposed Applications, with the consent of Applicant.
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`ANSWER: Applicant admits the allegations in Paragraph 8 of the Notice of
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`Opposition.
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`9.
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`The Extension of Time to Oppose was granted for each of the Opposed Applications until
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`October 8, 2017.
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`ANSWER: Applicant admits the allegations in Paragraph 9 of the Notice of
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`(cid:1008) 
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`Opposition.
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`Exhibit 1
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`10.
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`Opposer's filing of this Notice of Opposition is timely pursuant to 37 C.F.R. § 2.101 as
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`October 8, 2017, fell on a Sunday and Monday, October 9, 2017, was a federal holiday.
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`ANSWER: Applicant admits that October 8, 2017 was a Sunday. Applicant further
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`admits that Monday, October 9, 2017 was Columbus Day. The remaining allegation in Paragraph
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`10 constitutes a legal conclusion and, therefore, no response is required.
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`11.
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`Opposer provides a broad range of health related goods, including products for baby and
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`child, beauty, diet and nutrition, general pain relief, health and medicine, home health care,
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`household and grocery, personal care, sexual health, topical pain relief, vitamins; and services of
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`retail sales of health related goods and the goods of others, retail pharmacy, long-term care
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`pharmacy, health clinics, infusion treatment services, clinical programs for improved treatment
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`adherence, prescription benefits management, medical claims management, and the provision of
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`information on health conditions and treatments to help people progress to better health.
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`ANSWER: Applicant lacks knowledge or information sufficient to form a belief about
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`the truth of the allegations in Paragraph 11 and, therefore, denies the same.
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`12.
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`Opposer is the owner of U.S. Application No. 86/836,864 for "Heart Design Outline"
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`filed December 2, 2015, published December 27, 2016, and allowed February 21, 2017, based on
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`intent to use for the following goods:
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`(cid:1009) 
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`Exhibit 1
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`a. Class 3: a full line of oral hygiene products, namely, tooth cleaning and tooth whitening
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`preparations, toothpastes, breath freshening sprays, tooth whitening preparations in the form of
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`rinses, tooth whitening preparations contained in a pen-shaped container, tooth whitening
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`toothpaste, tooth polishes, breath mints for use as a breath freshener; breath freshening
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`confectionery in the forms of a chewing gum; tooth whitening strips impregnated with teeth
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`whitening preparations, tooth whitening gels, and teeth whitening kits; non-medicated mouth wash
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`and rinses; non-medicated anti-cavity fluoride mouth rinses, dissolvable breath freshening strips;
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`denture products, namely, denture cleaners in the form of tablets, and denture cleaning
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`preparations in the form of a cream; a full line of hair care products, namely, shampoos,
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`conditioners, hair sprays, hair-detangling lotions, hair styling gels, hair tonics, dry shampoos, hair
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`color; skin lotions for the face and body; body lotions and skin lotions containing cocoa butter,
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`shea butter and aloe vera for skin care and cosmetic purposes; skin lotions containing vitamin E;
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`baby skin lotions; cold creams, eye creams, beauty serums for the eyes, anti-wrinkle creams; face
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`and neck creams; skin soaps for personal use, namely, antibacterial, bath, deodorant, hand, body
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`care, liquid, baby, and bar soaps; powders, namely, foot, bath, baby, and talcum powder containing
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`corn starch; bath products, namely, bath oils, baby bubble bath, bubble bath, body wash for use in
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`baths; personal care products, namely, antiperspirants and deodorants for body care; disposable
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`wipes impregnated with cleansing chemicals or compounds for personal hygiene and baby;
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`essentials oils for personal use, namely, baby, muscle massage, and skin; foam cleaning
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`preparations; cosmetic exfoliants, namely, pumice stones for personal use; non-medicated lip
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`balms; cosmetic sun protection products, namely, cosmetic sunscreen body sprays, sunscreen
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`lotions; petroleum jelly for cosmetic purposes; facial cleansers and scrubs; hair-washing powder;
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`body wash; non-medicated diaper rash ointments; anti-cavity fluoride mouth rinses; eyeglass lens
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`(cid:1010) 
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`
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`Exhibit 1
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`cleaning solutions, eyeglass lens cleaning kits consisting primarily of eyeglass lens cleaning
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`solutions;
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`b. Class 5: antibacterial alcohol skin sanitizer gels; cold sore and canker treatment
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`preparations; medicated foot powders; antiseptic sprays and lotions; hemorrhoidal gels,
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`suppositories, sprays, creams and ointments; medicated pads for hemorrhoid relief; bacitracin
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`ointments; hydrocortisone creams; calamine lotions; medicated diaper rash ointments; preparation
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`for the relief of pain, namely, pain relief medications in the forms of sprays and lotions; antibiotic
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`creams and ointments; petroleum jelly for medical purposes; natural sleep aid preparations; a full
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`line of medicines, remedies and preparations, namely, pharmaceutical antitussive-cold
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`preparations, preparations for treating colds, headache treatment preparations, allergy relief
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`medication, analgesics, preparations in tablet forms for treating colds, cough treatment
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`preparations in the nature of cough suppressants, cough syrups and drops, medicated throat sprays,
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`medicinal creams and ointments for the treatment of colds, flu, headache and allergy symptoms;
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`decongestants, antihistamines, expectorants,
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`ibuprofen for use as an oral analgesic,
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`acetaminophen, and combinations of aspirin and caffeine, concentrated saline tablets for sinus
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`discomfort, pharmaceutical preparations in the nature of naproxen sodium for medical purposes,
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`bismuth subsalicylate preparations for medical purposes, pain relief medications, throat lozenges;
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`medicated preparation for teething pain; antacids and acid reducers consisting primarily of
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`antacids; anti-diarrheal and anti-gas medications; aspirin; anti-inflammatories, baby diapers and
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`disposable training pants; nursing pads; nasal products, namely, decongestant nasal strips and
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`inhalers filled with Levmetamfetamine; ear drops; eye products, namely, eye patches for medical
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`purposes, eye lubricating drops, irrigating solutions for eye use and eye washes; contact lens
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`solutions and contact lens cleaning preparations; home-use diagnostic kits consisting primarily of
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`(cid:1011) 
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`Exhibit 1
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`test strips, test sticks and digital test sticks that test for the presence of urinary tract infections,
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`pregnancy, and ovulation; personal lubricants; first aid kits; lice treatment preparations; smoking
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`cessation preparations in the forms of lozenges and nicotine gum; transdermal patches featuring
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`smoking cessation preparations that contain nicotine; caffeine preparations for stimulative use;
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`acne treatment medication; infant formula; electrolyte drinks for medical purposes; wart removing
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`preparations; test strips for measuring blood glucose levels; glucose dietary supplements;
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`medicinal hair growth treatments; medicated shampoo; disposable wipes impregnated with alcohol
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`for medicinal purposes; iodine; hydrogen peroxide for medical use; witch hazel, epsom salts, saline
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`solution for medical purposes, suppositories; laxatives; medicated oils containing minerals; dietary
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`supplements in the nature of liquid magnesia for nutritional purposes; stool softener; motion
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`sickness treatment preparations; a full line of non-medicated feminine care and hygiene products,
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`namely, tampons, panty liners, vaginal moisturizers, vaginal washes; diuretics; bandages for
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`dressings; gauze; adhesive tapes for medical purposes; burn relief medications, namely, burn
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`dressings in the form of sprays and pads; foot treatments, namely, athlete's foot preparations, corn
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`rings for cushioning the feet, corn pads, moleskin for medical purposes, orthopedic padding
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`consisting primarily of lamb's wool; oral hygiene products, namely, medicated toothpaste, oral
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`anesthetics, oral antiseptics; medicated anti-cavity fluoride mouth rinses; a full line of incontinence
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`products, namely, disposable diapers for incontinence, incontinence garments, incontinence pads,
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`disposable sanitizing wipes impregnated with chemicals or compounds, medicated pre-moistened
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`wipes; enema preparations, medicated skin lotions for healing purposes; medicated skin lotions
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`for preventing stretch marks; scar treatment preparations, namely, bandages for skin wounds;
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`c. Class 6: metal identification bracelets for medical purposes;
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`(cid: