marks published for opposition - U.S. Patent and Trademark Office

JULY 17, 2012 U.S. PATENT AND TRADEMARK OFFICE TM 271
THE MARK CONSISTS OF THE STYLIZED LETTER "M"
IN BLACK WITH A HEART DESIGN COMING OFF OF THE
FIRST STEM OF THE LETTER "M", AND WITH A
STYLIZED BLACK NUMBER "2" AS A SUPERSCRIPT TO
THE LETTER "M". BELOW THE "M2" IS THE STYLIZED
WORDING "MARSHA’S MAKEUP" IN BLACK AND BE-
LOW THAT IS THE STYLIZED WORDING "UNCONDI-
TIONAL LOVE...UNDENIABLE BEAUTY" IN BLACK.
CLASS 3—COSMETICS AND CLEANING PRE-
PARATIONS
FOR CONCEALERS; COSMETIC PENCILS; COSMETIC
PREPARATIONS FOR EYE LASHES; COSMETIC
ROUGES; COSMETIC WHITE FACE POWDER; COS-
METICS; COSMETICS AND COSMETIC PREPARA-
TIONS; COSMETICS AND MAKE-UP; COSMETICS,
NAMELY, COMPACTS; COSMETICS, NAMELY, LIP
PRIMER; COTTON BALLS FOR COSMETIC PURPOSES;
COTTON FOR COSMETIC PURPOSES; COTTON PUFFS
FOR COSMETIC PURPOSES; COTTON STICKS FOR
COSMETIC PURPOSES; EYEBROW COSMETICS; GLIT-
TER FOR COSMETIC PURPOSES; MAKE-UP KITS
COMPRISED OF LIP STICK, FOUNDATION, EYE SHA-
DOW, LIP GLOSS, BLUSH, EYE LINER, LIP LINER,
BRONZER, CONCEALER, EYE LASHES, HIGHLIGH-
TERS, MAKEUP REMOVER, MAKEUP BRUSHES, COS-
METIC BAGS, EYE BROW PENCILS; PENCILS FOR
COSMETIC PURPOSES; PRE-MOISTENED COSMETIC
TOWELETTES; PRE-MOISTENED COSMETIC WIPES;
PRIVATE LABEL COSMETICS; TONERS; TOOTH
WHITENERS FOR COSMETIC PURPOSES COMPRISED
OF NEUTRAL SODIUM FLUORIDE SUSTAINED RE-
LEASE GEL; TOPICAL SKIN SPRAYS FOR COSMETIC
PURPOSES (U.S. CLS. 1, 4, 6, 50, 51 AND 52).
CLASS 21—HOUSEWARES AND GLASS
FOR COSMETIC BRUSHES (U.S. CLS. 2, 13, 23, 29, 30,
33, 40 AND 50).
CLASS 44—MEDICAL, BEAUTY AND AGRI-
CULTURAL SERVICES
FOR SERVICES OF A MAKE-UP ARTIST (U.S. CLS.
100 AND 101).
SUNG IN, EXAMINING ATTORNEY
SN 85-503,541. LI, HUI KUN, VIENNA, VA. FILED 12-23-2011.
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO
USE "MIMOSA", APART FROM THE MARK AS SHOWN.
THE MARK CONSISTS OF THE MARK "MIMOSA" NOT
IN ANY SPECIFIC COLOR; "MIMOSA" APPEARS IN
CUSTOMIZED FONT; THE FIRST "M" AND THE SECOND
"M" ARE NOT IDENTICAL BUT APPEAR AS SYMMETRI-
CAL MIRROR IMAGES SEPARATED BY THE LETTER "I";
THE UPPER TIP OF THE LETTER "S" PROTRUDES ABOVE
THE UPPER TIP OF ALL OTHER LETTERS; THE LOWER
TIP OF THE LETTER "S" PROTRUDES BELOW THE LOW-
ER TIP OF ALL OTHER LETTERS; THE LETTER "O" IS IN
AN ELONGATED OVAL SHAPE ALONG THE TOP AND
BOTTOM DIRECTIONS; THE UPPER DOT OF THE LETTER
"I" HAS A HEIGHT AT LEAST TWICE ITS WIDTH; THE
LETTER "A" HAS A TOP SEGMENT WITH A WIDTH LESS
THAN THE WIDTH OF THE LOOP PORTION OF THE
LETTER AND A DISTINCT TAIL PROTRUDING TO THE
RIGHT SIDE AWAY FROM THE LOOP SIDE OF THE
LETTER; LETTERS "M","O" AND "S" COULD NOT BE
DETERMINED AS EITHER CAPITALIZED OR IN SMALL
CAP; LETTERS "I" AND "A" ARE IN SMALL CAP.
CLASS 9—ELECTRICAL AND SCIENTIFIC
APPARATUS
FOR MAGNETIC CODED GIFT CARDS (U.S. CLS. 21,
23, 26, 36 AND 38).
FIRST USE 6-18-2008; IN COMMERCE 6-18-2008.
CLASS 43—HOTEL AND RESTAURANT SER-
VICES
FOR BAR SERVICES; DELICATESSEN SERVICES;
FAST-FOOD RESTAURANT SERVICES; RESTAURANT
AND CATERING SERVICES; RESTAURANT RESERVA-
TION SERVICES; RESTAURANT SERVICES; RESTAU-
RANT SERVICES FEATURING SUSHI; RESTAURANT
SERVICES, INCLUDING SIT-DOWN SERVICE OF FOOD
AND TAKE-OUT RESTAURANT SERVICES; RESTAU-
RANT SERVICES, NAMELY, PROVIDING OF FOOD
AND BEVERAGES FOR CONSUMPTION ON AND OFF
THE PREMISES; RESTAURANTS FEATURING HOME
DELIVERY; TAKE-OUT RESTAURANT SERVICES (U.S.
CLS. 100 AND 101).
FIRST USE 9-18-2008; IN COMMERCE 9-18-2008.
FRANK LATTUCA, EXAMINING ATTORNEY
SN 85-503,784. COBALT 27 LLC, SANTA BARBARA, CA.
FILED 12-26-2011.
THE MARK CONSISTS OF STANDARD CHARACTERS
WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE,
SIZE, OR COLOR.
OWNER OF U.S. REG. NO. 3,895,457.
CLASS 3—COSMETICS AND CLEANING PRE-
PARATIONS
FOR FRAGRANCES; SHAVING SOAP; SOAPS FOR
BODYCARE(U.S.CLS.1,4,6,50,51AND52).
FIRST USE 3-20-2010; IN COMMERCE 3-20-2010.
CLASS 14—JEWELRY
FOR JEWELRY (U.S. CLS. 2, 27, 28 AND 50).
FIRST USE 3-20-2010; IN COMMERCE 3-20-2010.
CLASS 16—PAPER GOODS AND PRINTED
MATTER
FOR BOOKMARKS (U.S. CLS. 2, 5, 22, 23, 29, 37, 38
AND 50).
FIRST USE 3-20-2010; IN COMMERCE 3-20-2010.
CLASS 18—LEATHER GOODS
FOR BACKPACKS; BRIEFCASES; CREDIT CARD
HOLDERS; WALLETS (U.S. CLS. 1, 2, 3, 22 AND 41).
FIRST USE 3-20-2010; IN COMMERCE 3-20-2010.
CLASS 21—HOUSEWARES AND GLASS
FOR BOTTLE OPENERS; PEPPER MILLS; SHAVING
BRUSHES (U.S. CLS. 2, 13, 23, 29, 30, 33, 40 AND 50).
FIRST USE 3-20-2010; IN COMMERCE 3-20-2010.