TAILIEUCHUNG - THIS DISPOSTION IS NOT CITABLE AS PRECEDENT OF THE T.T.A.B04/3/02 Paper No. 12 RFC
Trademark Trial and Appeal remover, skin toner, astringent, . astringents, skin cleansers, make-up remover. 1 ," in . of the two references to "make-up remover," but that . | 4/3/02 THIS DISPOSITION IS NOT CITABLE AS PRECEDENT OF THE . Paper No. 12 RFC UNITED STATES PATENT AND TRADEMARK OFFICE __ Trademark Trial and Appeal Board __ In re Europeenne De Produits de Beaute __ Serial No. 75/934,127 _ Mary Ann DeCarolis for Europeene De Produits de Beaute. Brett M. Tolpin, Trademark Examining Attorney, Law Office 107 (Thomas Lamone, Managing Attorney). _ Before Simms, Cissel and Holtzman, Administrative Trademark Judges. Opinion by Cissel, Administrative Trademark Judge: On February 24, 2000, applicant, a French corporation, filed the above-referenced application to register the mark “NUTRIACTIVE” on the Principal Register for “facial scrub, make-up remover, skin toner, astringent, moisturizing cream, lotions and gels, anti-wrinkle cream, skin toners and astringents, skin cleansers, make-up remover1,” in Class 1 We are unable to discern why applicant waa not required to delete one of the two references to “make-up remover,” but that issue is not before us in this appeal. We note, however, that if applicant were to prevail in an appeal of our ruling in this Ser No. 75/934,127 3. The basis for filing the application was applicant’s assertion that it possessed a bona fide intention to use the mark in commerce in connection with the identified goods. The Examining Attorney refused registration under Section 2(d) of the Lanham Act, 15 . Section 1052(d), on the ground that if applicant were to use the mark it seeks to register in connection with the goods specified in the application, applicant’s mark would so resemble the mark “NUTRI-ACTIVES,” which is registered2 for “herbal concentrates for dietary supplement; vitamin supplements of herbal or organic compounds,” in Class 5, that confusion would be likely. In support of the refusal to register, the Examining Attorney included copies of excerpts retrieved from an automated search of publications. She argued that this evidence establishes that the goods .
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