White Palace, Inc. EX 76601030

USPTO Document: 
application/pdf icon
76601030.pdf (40 KB)
Date Issued: 
2006-08-07
Type: 
EX
Issue: 
2(d)
Number: 
76601030
Party: 
White Palace, Inc.
Decision: 

Refusal Affirmed

Panel: 
Bucher Grendel* Kuhlke
Applicant's or Respondent's Mark and Goods or Services: 

"5TH ELEMENT" [men's and boys' wearing apparel, namely, t-shirts, sweatshirts, tank tops, woven shirts, sweaters, cardigans, vests, jackets, pants, sweatpants, jeans, shorts, hats, caps, coats, scarves, neckerchiefs, neck bands, wrist bands, head bands, gloves, belts, pajamas, shoes, socks, underwear, swim wear, and trunks; and a similar list of clothing items for women and girls]

Mark and Goods Cited by Examining Attorney: 

"3RD ELEMENT" [waterproof, windproof, watershedding, moisturetransmitting, and breathable clothing, namely, shirts, pullovers, salopettes, balaclavas, caps, jackets, vests, gaiters, and trousers, all the foregoing being used for outdoor activities such as walking, climbing, and skiing; and belts, footwear, caps, and hats]

Examining Attorney: 
Pino
Citable as Precedent of TTAB: 
No