Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA648019
`ESTTA Tracking number:
`01/02/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91217943
`Defendant
`Inderjit Kaur Puri
`SURJIT P SONI
`THE SONI LAW FIRM
`35 N LAKE AVE , SUITE 720
`PASADENA, CA 91101-1856
`UNITED STATES
`surj@sonilaw.com;mike@sonilaw.com; cassandra@sonilaw.com
`Other Motions/Papers
`Michael A. Long
`mike@sonilaw.com
`/michael a. long/
`01/02/2015
`M2 set aside + ans + dec + SOU + Ex1 + Cert.pdf(1675794 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re:
`
`Proceeding No.: 91217943
`
`Application of: Inderjit Kaur Puri
`
`Appl. Serial No.: 85942810
`
`For: YOGI
`
`EAST WEST TEA COMPANY, LLC,
`
`Opposer.
`
`v.
`
`BIBIJI INDERJIT KAUR PURI,
`
`Applicant.
`
`MOTION TO SET ASIDE AND
`VACATE NOTICE OF DEFAULT
`FOR LACK OF NOTICE;
`MEMORANDUM OF POINTS AND
`AUTHORITIES IN SUPPORT
`THEREOF
`
`MOTION TO SET ASIDE NOTICE OF DEFAULT
`
`Applicant, BIBIJI INDERJIT KAUR PURI (“Bibiji” or “Applicant”)
`
`hereby submits this Motion to Set Aside Notice of Default based on good cause as
`
`follows: (1) the delay in filing an answer was not the result of willful conduct or
`
`gross neglect on the part of the Applicant, (2) the Opposer will not be substantially
`
`prejudiced by the delay, and (3) Applicant has a meritorious defense to the action.
`
`TBMP § 312.02.
`
`This Motion is timely under 37 CFR § 2.129(c) and TBMP § 544, requiring
`
`filing within one month from the date of relevant hearing or decision, in this case,
`
`no hearing was and the decision was entered on November 26, 2014, less than one
`
`month from the date of filing and service of this Motion.
`
`This Motion is supported by the accompanying memorandum of points and
`
`authorities, Applicant’s non-receipt of the notice of opposition [Declaration of
`
`Michael A. Long], Opposer’s licensor’s judicially-determined lack of standing to
`
`vacate the arbitration award [Id.], as well as Applicant’s (a) actual use and (b)
`
`

`
`prior declaration of bona fide intent to use.
`
`Id. The foregoing constitutes good
`
`cause.
`
`Applicant’s Answer is concurrently filed herewith, along with Applicant’s
`
`statement of actual use of the mark.
`
`Respectfully submitted,
`THE SONI LAW FIRM
`
`/Michael A. Long/
`Surjit P. Soni
`Michael A. Long
`Attorneys for Defendant-Applicant,
`BIBIJI INDERJIT KAUR PURI
`
`

`
`MEMORANDUM OF POINTS AND AUTHORITIES
`
`I.
`
`INTRODUCTION
`
`This opposition concerns the YOGI mark and seeks a set aside of a default
`
`entered. It was already judicially determined that the Trustees of the Yogi Bhajan
`
`Admin Trust have no standing to challenge Applicant’s ownership of a 50%
`
`undivided interest in the mark as co-owner [Opposer’s Exhibit C, p. 14 (the court
`
`denied the Trustees’ motion to vacate the arbitration award)]. The notice of
`
`default should be set aside since there is no prejudice to the parties by setting aside
`
`the default, and the law favors adjudication on the merits.
`
`II.
`
`LEGAL STANDARD TO SET ASIDE NOTICE OF DEFAULT
`
`A default judgment for failure to timely answer may be set aside on a
`
`showing of good cause. Fed. R. Civ. Proc., Rule 60(b); TBMP 312.03. Good cause
`
`exists as shown by the factors discussed below, which show all three factors
`
`present in this case. Default judgments for failure to timely answer the complaint
`
`are not favored by the law. TBMP § 312.03 (applying the more liberal standard for
`
`failure to timely answer under Fed. R. Civ. Proc., Rule 60(b)). Rather than impose
`
`judgment on mere technicality for failure to timely answer, three factors may
`
`constitute good cause: (1) whether the plaintiff will be prejudiced, (2) whether the
`
`default was willful, and (3) whether the defendant has a meritorious defense to the
`
`action. TBMP § 312.03; Fed. R. Civ. Proc., Rule 60(b).
`
`Next, these three factors are discussed.
`
`III. ALL FACTORS FAVOR SETTING ASIDE THE DEFAULT
`
`(1) No prejudice will result from set aside since (1) Opposer lacks
`standing and can suffer no prejudice; and (2) entry of default would
`undercut Applicant’s statutory right to file under Section 1(b).
`
`

`
`The first factor is whether Plaintiff (Opposer) will be prejudiced by setting
`
`aside the default. Opposer will suffer no prejudice. Opposer’s own Exhibits
`
`confirm that they lack standing to challenge Applicant Bibiji’s use of the mark.
`
`[Opposer’s Exhibit C, p. 14]
`
`Moreover, Applicant cannot be deprived of the right to file an application
`
`for trademark under Section 1(b) (“ITU application”) which expressly allows
`
`Applicant up to three (3) years to establish use in commerce. Opposer seeks to cut
`
`off Applicant’s ITU application before there is a chance to show use for any of the
`
`goods – which is wholly premature and contrary to the very purpose of the
`
`Lanham Act, Section 1(b). It is entirely improper to preclude an applicant from
`
`establishing use of a mark before the deadline for filing a statement of use, which
`
`can be extended up to five times – six months per extension – after the date of the
`
`notice of allowance. The period of time following a notice of allowance for a
`
`Section 1(b) application can, if extended fully, total three years. Maintaining the
`
`default would highly prejudice the Applicant’s rights in the law and would not
`
`unfairly prejudice the Opposer. Thus, the first factor favors Applicant’s motion to
`
`set aside and the Motion should be GRANTED.
`
`(2)
`
`Default was not willful.
`
`As established by the declaration of Michael A. Long, counsel for
`
`Applicant, Applicant did not receive the opposition. Lacking notice of the
`
`opposition [Declaration of Michael A. Long, ¶ 2], Applicant’s default cannot have
`
`been willful. Applicant has sought to protect her rights in this application and at no
`
`time was aware nor authorized default. Thus, the second factor of non-willfulness
`
`is present; therefore, the motion to set aside should be GRANTED.
`
`(2) Applicant has a meritorious defense to the action, including
`Applicant’s actual use which establishes merit and corroborates
`Applicant’s bona fide intent overcoming the opposition.
`
`

`
`Applicant’s Answer concurrently filed herewith provides meritorious
`
`defenses to the Notice of Opposition. Applicant has established actual use for at
`
`least some of the goods - a request by motion to amend the application to Section
`
`1(a) actual use basis for such goods, while retaining the remainder of goods under
`
`Section 1(b) until use is established. Applicant previously submitted its declaration
`
`of bona fide intent to use the mark in association with all of the goods.
`
`[Declaration of Michael A. Long] Consequently, the motion to set aside should be
`
`GRANTED.
`
`Conclusion
`
`All three factors favor setting aside notice of default. Thus, the Motion to
`
`set aside should be GRANTED.
`
`

`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re:
`
`Proceeding No.: 91217943
`
`DEFENDANT BIBIJI INDERJIT
`KAUR PURI’S ANSWER TO EAST
`WEST TEA COMPANY, LLC’S
`NOTICE OF OPPOSITION
`
`Application of: Inderjit Kaur Puri
`
`Appl. Serial No.: 85942810
`
`For: YOGI
`
`EAST WEST TEA COMPANY, LLC,
`
`Opposer.
`
`v.
`
`BIBIJI INDERJIT KAUR PURI,
`
`Applicant.
`
`DEFENDANT BIBIJI’S ANSWER TO EAST WEST TEA COMPANY,
`
`LLC’S NOTICE OF OPPOSITION
`
`I.
`
`General denial:
`
`Applicant generally denies all allegations in the notice of opposition filed
`
`by the EAST WEST TEA COMPANY, LLC (“EWTC”).
`
`II.
`
`Specific denial to first unnumbered paragraph:
`
`Applicant denies the first unnumbered paragraph, which fails to allege any
`
`injury or to explain how EWTC is damaged.
`
`III.
`
`Specific denial to second unnumbered paragraph:
`
`Applicant denies that the grounds for opposition asserted provide any valid
`
`or enforceable grounds. EWTC is not a co-owner of the mark and admits in
`
`numbered paragraph three of the Notice of Opposition that it is a licensee, not an
`
`

`
`owner, and thus Applicant denies that there are any grounds for relief as to EWTC
`
`as such.
`
`IV.
`
`Specific responses to numbered paragraphs:
`
`Applicant denies that the further numbered paragraphs after “the grounds
`
`for opposition” actually state any proper grounds for opposition. The numbered
`
`paragraphs appear to allege facts, not specific grounds, and thus Applicant denies
`
`the second unnumbered paragraph as unintelligible.
`
`1.
`
`Applicant admits that she is an individual, but as individuals are not
`
`attributed a corporate “principal place of business,” and thus Applicant denies
`
`numbered paragraph one of EWTC’s Notice of Opposition as unintelligible, and
`
`calls upon Opposer to prove the same if material.
`
`2.
`
`Applicant lacks information sufficient to confirm or deny the second
`
`paragraph of EWTC’s notice of opposition and calls upon the Opposer to prove
`
`the same if material. Applicant does not understand what Opposer means by “the
`
`YOGI trademarks” nor what Opposer means by “other products.” Applicant does
`
`not know what Opposer means by “current license” in this context or whether it is
`
`authorized or applicable, nor at the time of Opposers filing what is meant by
`
`“current license.” EWTC also lacks personal knowledge of the “Trust” interests in
`
`what Opposer refers to again as “the YOGI marks.” Thus, Applicant also denies
`
`the same as unintelligible.
`
`3.
`
`Applicant denies the third numbered paragraph of EWTC’s notice of
`
`opposition and calls upon the Opposer to prove the same if material. Applicant
`
`lacks information sufficient to determine what Opposer means by “owned by non-
`
`profit entities” and believes such characterization to be technical yet ultimately
`
`disingenuous based on Applicant’s belief of improper licensing practices.
`
`

`
`Applicant is without information sufficient to determine whether EWTC believed
`
`or had reasonable grounds to believe it was a sole owner of the mark, particularly
`
`as Opposer EWTC admits to being a licensee and not an owner. Applicant admits
`
`that the New Mexico state court decision determined that Applicant is at least a
`
`50% co-owner of certain intellectual property including certain YOGI trademarks.
`
`Applicant admits that she had appealed the judgment of the New Mexico state
`
`court decision. Applicant however denies that the order of events as stated by
`
`Opposer’s third numbered paragraph is accurate. Applicant furthermore denies
`
`that EWTC alone created goodwill associated with the mark.
`
`4.
`
`Applicant admits that she is at least a 50% owner and again asserts her
`
`belief that she is the sole owner of the mark at issue. Applicant denies the fourth
`
`numbered paragraph of EWTC’s notice of opposition as an oversimplification and
`
`containing inaccuracies, and calls upon the Opposer to prove the same if material.
`
`Applicant denies the “Meanwhile” statement as if the arbitration occurred close to
`
`appeal of judgment; Applicant clarifies that an arbitration was opened prior to the
`
`New Mexico’s conclusions which later become the subject of appeal in New
`
`Mexico.
`
`5.
`
`Applicant lacks information sufficient to determine whether the post-
`
`arbitration award license allegedly entered into is valid or enforceable. Applicant
`
`admits a stay of arbitration was sought. Applicant denies that “the Trust is one of
`
`Yogi Bhajan’s heirs” applies in the context of this opposition—particularly with
`
`respect to the unintelligible and overbroad “related products” referred to by
`
`Opposer as “the YOGI marks.” Thus, Applicant denies the fifth numbered
`
`paragraph of EWTC’s notice of opposition and calls upon the Opposer to prove
`
`the same if material.
`
`

`
`6.
`
`Applicant lacks information sufficient to determine what is meant by
`
`“related products” and whether Opposer’s license is valid, and whether such
`
`purported license extends in such as way as to preclude Applicant whom Opposer
`
`admitted was at least a 50% co-owner. Applicant denies that “related products”
`
`are well defined and thus denies Opposer is the “sole source.” Applicant is without
`
`information sufficient to determine what Opposer means by “significant value”
`
`with reference to “the YOGI marks” which vaguely refer to “other products” and
`
`in this paragraph six “related products.” Applicant therefore denies the sixth
`
`paragraph of EWTC’s notice of opposition and calls upon the Opposer to prove
`
`the same if material.
`
`7.
`
`Applicant denies “prima facie exclusive rights” in this context on the basis
`
`that such statement by Opposer is a conclusion of law, is not applicable to any
`
`specific facts since “related products” is ambiguous and unintelligible, and as a
`
`legal conclusion as such Opposer’s allegation is not a statement of fact which
`
`Applicant can admit or deny. Registration by Applicant alone is not inconsistent
`
`and can permit compliance with any subsequent court order if so provided by law,
`
`yet there is no such court order and no court order has precluded Applicant’s use.
`
`Moreover, the New Mexico state court Findings of Fact and Conclusions of Law
`
`included a determination that Applicant can use the mark as a co-owner of at least
`
`50% of the marks at issue in that case, which were also referred to as “YOGI
`
`marks” but not necessarily the same scope which Opposer attempts to overbroadly
`
`define. Applicant thereby denies the seventh paragraph of EWTC’s notice of
`
`opposition and calls upon the Opposer to prove the same if material.
`
`8.
`
`Applicant admits the eighth numbered paragraph of EWTC’s notice of
`
`opposition, specifically, that Applicant filed an intent-to-use application Serial
`
`Number 85/942,810 in connection with the listed goods as filed. However,
`
`Applicant refers to the original filing, not the purported quoted language submitted
`
`

`
`in the Notice of Opposition as the description asserted therein may have been
`
`subject to prior amendments during prosecution; and such filing is subject to
`
`amendment in prosecution and as applicable a statement of use for one or more of
`
`the goods in each class consistent with the rules applicable to all trademark
`
`applications filed as an intent-to-use application.
`
`9.
`
`Applicant denies the ninth numbered paragraph of EWTC’s notice of
`
`opposition and calls upon the Opposer to prove the same if material. Applicant in
`
`its ITU application already confirmed its bona fide intent to use the mark in
`
`association with the goods and asserts her right to be permitted the full time period
`
`prescribed by law as would any other application for trademark filed under Section
`
`1(b) [15 U.S.C. Section 1051(b)]. Applicant denies that filing of the application at
`
`issue constitutes any plausible “grounds for opposition” as preambled in the
`
`second unnumbered paragraph above.
`
`10.
`
`Applicant denies the tenth numbered paragraph of EWTC’s notice of
`
`opposition and reaffirms Applicant’s bona fide intent with reference to the specific
`
`goods listed in its description at the time of filing, not undefined goods. Applicant
`
`denies that filing of the application at issue constitutes any plausible “grounds for
`
`opposition” as preambled in the second unnumbered paragraph above.
`
`11.
`
`Applicant denies the eleventh numbered paragraph of EWTC’s notice of
`
`opposition and specifically denies filing application serial number “86173651” but
`
`admits filing the other applications set forth therein. Applicant denies that such
`
`filings are a “grounds for opposition.”
`
`12.
`
`Applicant denies the twelfth numbered paragraph of EWTC’s notice of
`
`opposition as an overstatement “cannot” is an absolute and omits the possibility of
`
`

`
`doing so and is therefore speculative, assumes facts not in evidence, and mere
`
`opinion. Applicant calls upon Opposer therefore to prove the same.
`
`13.
`
`Applicant denies the thirteenth numbered paragraph of EWTC’s notice of
`
`opposition as an overstatement “cannot” is an absolute and omits the possibility of
`
`doing so and is therefore speculative, assumes facts not in evidence, and is mere
`
`opinion. Applicant calls upon Opposer therefore to prove the same.
`
`14.
`
`Applicant denies the fourteenth numbered paragraph of EWTC’s notice of
`
`opposition.
`
`AFFIRMATIVE DEFENSES
`
`First Affirmative Defense
`
`15.
`
`Opposer’s grounds for opposition fail to state a claim for relief.
`
`Second Affirmative Defense
`
`16.
`
`Applicant asserts that lack of use does not establish any lack of bona fide
`
`intent to use the mark.
`
`Third Affirmative Defense
`
`17.
`
`Applicant asserts that actual use confirms a bona fide intent to use the mark.
`
`Fourth Affirmative Defense
`
`18.
`
`As a matter of law the filing of an intent-to-use application under Section
`
`1(b) cannot be denied registration for lack of use prior to the due date to file a
`
`specimen and statement of use or extension.
`
`Fifth Affirmative Defense
`
`

`
`19.
`
`As a matter of law Applicant has up to three years with extensions,
`
`inclusive, from the date of notice of allowance, in which to file a statement of use
`
`for one or more of the goods within each class listed in the application.
`
`Sixth Affirmative Defense
`
`20.
`
`The number of goods listed is irrelevant to whether there is bona fide intent
`
`to use the mark in association with the goods.
`
`Seventh Affirmative Defense
`
`21.
`
`Applicant’s intent-to-use application and accompanying declaration of
`
`intent to use provides the requisite evidence of a bona fide intent to use the mark
`
`in association with the goods.
`
`Eighth Affirmative Defense
`
`22.
`
`Opposer has no standing to assert injury by registration of this application.
`
`Ninth Affirmative Defense
`
`23.
`
`Opposer is not an owner of any confusingly similar marks.
`
`Tenth Affirmative Defense
`
`24.
`
`Opposer is a mere licensee with no ownership rights to the mark at issue.
`
`Eleventh Affirmative Defense
`
`Opposer has no ownership or use of the mark at issue for the goods applied
`
`25.
`
`for.
`
`Twelfth Affirmative Defense
`
`26.
`
`The Opposition fails because Opposer failed to allege any injury.
`
`

`
`Thirteenth Affirmative Defense
`
`27.
`
`Opposer has acknowledged a lack of a likelihood of confusion by failing to
`
`make the assertion.
`
`Fourteenth Affirmative Defense
`
`28.
`
`No prior use or other valid grounds to Oppose have been alleged by
`
`Opposer.
`
`Fifteenth Affirmative Defense
`
`29.
`
`Applicant reserves the right to assert further affirmative defenses.
`
`

`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re:
`
`Proceeding No.: 91217943
`
`DECLARATION OF MICHAEL A.
`LONG IN SUPPORT OF
`DEFENDANT’S MOTION TO SET
`ASIDE NOTICE OF DEFAULT
`
`Application of: Inderjit Kaur Puri
`
`Appl. Serial No.: 85942810
`
`For: YOGI
`
`EAST WEST TEA COMPANY, LLC,
`
`Opposer.
`
`v.
`
`BIBIJI INDERJIT KAUR PURI,
`
`Applicant.
`
`DECLARATION OF MICHAEL A. LONG IN SUPPORT OF
`
`DEFENDANT’S MOTION TO SET ASIDE NOTICE OF DEFAULT
`
`I, Michael A. Long, declare:
`
`1.
`
`I am an attorney with The Soni Law Firm, and am one of the
`
`attorneys responsible for the application of our client, Bibiji Inderjit Kaur Puri
`
`(“Applicant”) in her application for trademark. I have personal knowledge of all
`
`of the matters stated herein and would competently testify thereto.
`
`2.
`
`In late August
`
`through September, during the time when the
`
`opposition was apparently filed, The Soni Law Firm was in the process of moving
`
`to a new location. I did not receive notice of opposition in this proceeding.
`
`3.
`
`Applicant’s declaration as filed states, “The signatory believes that:
`
`[...] if the applicant filed an application under 15 U.S.C. Section 1051(b) […] the
`
`applicant is entitled to use the mark in commerce; the applicant has a bona fide
`
`intention to use or use through the applicant's related company or licensee the
`
`

`
`mark in commerce on or in connection with the goods/services in the application.”
`
`This was sworn under penalty of perjury and duly submitted with the ITU
`
`application at the time of filing.
`
`4.
`
`Consistent with Applicant’s intent, herewith Applicant submits a
`
`statement of actual use of the mark in association with numerous goods, in
`
`reliance on 15 USC Section 1051(b).
`
`I declare the foregoing to be true and correct under penalty of perjury under
`
`the laws of the United States. Executed this 31st day of December, 2014 in
`
`Pasadena, California.
`
`/s/ Michael A. Long
`Michael A. Long, Declarant
`
`

`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re:
`
`Proceeding No.: 91217943
`
`Application of: Inderjit Kaur Puri
`
`Appl. Serial No.: 85942810
`
`STATEMENT OF USE
`
`For: YOGI
`
`EAST WEST TEA COMPANY, LLC,
`
`Opposer.
`
`V’.
`
`BIBIJI INDERIIT KAUR PURI,
`
`Applicant.
`
`l
`
`STATEMENT OF USE
`
`I, BIBIJT INDERJIT KAUR PURI (“Applicant”), declare:
`
`1.
`
`I am the Applicant for serial no. 85942810 for YOGI filed under Section
`
`l(b) as an intent—to-use application for trademark in association including several
`
`cosmetic and consumer goods in International Classes 3 and 5.
`
`I am pursuing my rights
`
`to apply for registration and to concurrently expand uses of the mark.
`
`2.
`
`I am an owner of the YOGI mark having, at least, an undivided 50% co-
`
`owner of the YOGI mark.
`
`3.
`
`The mark is in used in commerce, by and through my predecessors in
`
`interest or licensees and subject to my rights and interest in the mark.
`
`4.
`
`Specimens of the mark as actually used in commerce at least as early as
`
`November 6, 2013 are attached as Exhibit 1.
`
`5.
`
`Specifically, in connection with certain goods or services specified below
`
`and as rellected in the application on or in connection with which my licensee uses the
`
`.1.
`
`

`
`mark in interstate commerce, the date of first use of the mark is at least Ngvember 6;
`
`1 for the goods shown below in bold:
`
`After sun creams; after sun lotions; after sun milks; after sun oils; age
`
`retardant gel; age retardant lotion; age spot reducing creams; air fragrancing
`
`preparations; aloe vera gel for cosmetic purposes; antibacterial skin soaps;
`
`antibacterial soap; antiperspirant soap; antiperspirants for personal use; anti aging
`
`cleanser; anti aging cream; anti aging moisturizer; anti aging toner; anti cavity
`
`mouth rinses; anti cavity mouthwashes; anti wrinkle cream; aroma therapy oils
`
`for relieving stress; aromatic body care products, namely, body scrubs, body
`
`washes, body tonies; aromatic essential oils; aromatic oils; aromatic pillows
`
`comprising potpourri in fabric containers; aromatic potpourris; baby bubble bath;
`
`baby hair conditioner; baby hand soap; baby lotion; baby oil; baby powder; baby
`
`shampoo; baby wipes; bar soap; bath and shower gels and salts not for medical
`
`purposes; bath beads; bath herbs; bath lotion; bath milks; bath oil; bath salts; bath
`
`pearls; bath powder; non medical bath salts; bath soaps; bath soaps in liquid solid
`
`or gel form; bathing lotions; beauty creams; beauty gels; beauty lotions; beauty
`
`masks; beauty milks; beauty serums; beauty soap; bergamot oil; body and beauty
`
`care cosmetics; body butter; body creams; body lotions; body mask cream; body
`
`mask lotion; body mask powder; body masks; body milks; body oils; body
`
`powder; body scrub; body splash; body spray; body wash; breath freshener; breath
`
`freshening sprays; breath freshening strips; breath mints for use as breath
`
`freshcncr; bubble bath; cakes of toilet soap; cleansing creams; cleansing milk;
`
`cleansing milk for cosmetic purposes; cleansing milks for toilet purposes; cloths
`
`impregnated with a detergent for cleaning; cocoa butter for cosmetic purposes;
`
`cold cream; cosmetic bath salts; cosmetic creams; cosmetic creams for skin care;
`
`cosmetic hand creams; cosmetic masks; cosmetic massage creams; cosmetic
`
`milks; cosmetic nourishing creams; cosmetic oils; cosmetic preparations for skin
`
`renewal; cosmetic preparations against sunburn; cosmetic preparations for body
`
`care; cosmetic preparations for eyelashes; cosmetic preparations for care of mouth
`
`

`
`and teeth; cosmetic preparations; cosmetic preparations for slimming purposes;
`
`cosmetic preparations for the hair and scalp; cosmetic preparations for protecting
`
`the skin from the suns rays; cosmetic preparations for skin care; cosmetic
`
`preparations for bath and shower; cosmetic rouges; cosmetics; cosmetic
`
`preparations; cosmetics in form of milks lotions and emulsions; cream soaps;
`
`creams for c.ellulite reduction; creamy face powder; cuticle conditioners; cuticle
`
`cream; deodorant soap; deodorant and antiperspirants; depilatory wax; douching
`
`preparations for personal sanitary or deodorant purposes; essential oils; essential
`
`oil of citron; exfoliant creams; eye cream; eye gels; eye make up remover; face
`
`and body beauty creams; face powder; facial beauty mask; facial cleansers; facial
`
`cleansing grains; facial cleansing milk; facial concealer; facial cream; facial
`
`emulsion; facial lotion; facial makeup; facial mask; facial scrub; facial wash;
`
`facial complexion cream; foams containing cosmetics and sunscreens; non
`
`medicated foot powder; foot scrubs; foot smoothing stones; foundation;
`
`foundation makeup; fragrance sachets; hair care creams; hair care kits
`
`comprising of shampoos, conditioners, oils, soaps; hair care lotions; hair care
`
`preparations; hair care preparations consisting of organic coconut virgin oil and
`
`coconut virgin oil; hair cleaning preparations; hair conditioner; hair shampoo;
`
`hand cleaners; hand gels; hand cleaning preparations; hand creams; hand lotions;
`
`hand scrubs; hand soaps; hand soap bars; henna for cosmetic purposes; incense;
`
`incense sticks; jasmine oil for personal use; lavender oil; lavender water; lip balm;
`
`lip cream; lip gloss; lip polisher; lipstick; liquid bath soaps; liquid soap; loofah
`
`soap; loose face powder; lotion for cellulite reduction; lotion for cosmetic
`
`purposes; lotion for face and body care; lotion for strengthening nails; make up
`
`foundations; make up removing preparations; make up kits comprising lip gloss,
`
`mascara, eyeliner, foundation, eye shadow, bronzer, primer; make up remover;
`
`make up removing lotions; make up milks; make up gels; make up creams; make
`
`up preparations; mask pack for cosmetic purposes; massage lotions; massage oils;
`
`medicated soaps; mineral powder for use in cosmetic body wrap applications;
`
`

`
`moistened tooth powder; moisturizing creams; moisturizing milks; moisturizing
`
`preparations for the skin; moisturizing solutions for the skin; mouthwash;
`
`musk; nail buffing preparations; nail care kits comprising nail polish; nail care
`
`preparations; nail cream; nail softeners; nail strengtheners; natural cocoa butter
`
`based personal care product, namely, body lotions; natural essential oils;
`
`natural mineral make-up; natural soap bars; naturally handmade soap bars; night
`
`cream; natural essential oils; natural soap bars; natural handmade soap bars; night
`
`cream; non-medicated preparations, namely, skin care; non -medicated acne
`
`treatment preparations; non-medicated anti aging serum; non-medicated balms for
`
`use on the skin; non-medicated bath preparations; non medicated bath salts; non-
`
`medicated body soaks; non-medicated bubble bath preparations; nommedicated
`
`skin cleansers; non-medicated dental rinse; non-medicated diaper rash ointment
`
`and lotion; non—medicated douches; non-medicated ‘facial and eye serum
`
`containing antioxidants; non medicated feminine hygiene wash; non-medicated
`
`foot cream; non-medicated foot lotion; non medicated foot soak; non-medicated
`
`grooming preparations for cats and dogs, namely, shampoos, conditioners, body
`
`washes; non—n1edicated hair serums; non medicated herbal body care products,
`
`namely, body oils; non-medicated lip care preparations; non medicated lip
`
`protectors; non-medicated mouth rinse; non-medicated mouthwashes; non-
`
`foaming cosmetic preparations for use on skin; non-medicated breath freshening
`
`strips; non-medicated hair restoration lotions; non-medicated hair treatment
`
`preparations for cosmetic purposes; non medicated lip balm that does not contain
`
`beeswax; non-medicated mouth wash and rinse; non medicated mouthwash and
`
`gargle; non-medicated ointrnents for the prevention and treatment of sunburn; non-
`
`medicated preparations all for the care of skin, hair and scalp; non-medicated scalp
`
`treatment cream; non-medicated serums for use on skin; non-medicated skin care
`
`preparations; non—medicatcd skin creams; non-medicated skin care creams
`
`and lotions; non-medicated skin creams with essential oils for use in aroma
`
`therapy; non-medicated skin toners; non-medicated stimulating lotions for the
`
`

`
`skin; non-medicated sun care preparations; non-medicated toiletries; non-slipping
`
`liquids for floors; nutritional oils for cosmetic purposes; oil baths for hair care; oils
`
`for cosmetic purposes; oils for hair conditioning; oils for perfumes and scents; oils
`
`for toiletry purposes; organic soap bars; patches containing sun screen and sun
`
`block for use on the skin; peppermint oil for perfumery; perfume; perfume oils;
`
`perfume oils for the manufacture of cosmetic preparations; perfumed creams;
`
`perfumed extracts for tissues and perfumes; perfumed paste; perfumed powder;
`
`perfumed powders; perfumed soap; perfumed talcum powder; perfumeries;
`
`perfumery; perfumes; perfumes and Colognes; perfumes and toilet waters;
`
`perfuming sachets; permanent wave preparations; permanent waving lotions;
`
`personal deodorants; plant and herb extracts sold as components of cosmetics;
`
`pomades; pomanders; potpourri; powder for make-up; preparations for permanent
`
`hair waves; preparations for setting hair; pre-moistened cosmetic tissues; pre-
`
`moistened cosmetic towelettes; pre-moistened cosmetic wipes; pumice stones for
`
`personal use; reeds and scented oils sold as a unit for use in room scent diffusers.
`room fragrance refills for non-electric room fragrance dispensers; room
`
`fragrances; room liagrancing preparations; rose oil for cosmetic purposes; rouge;
`
`rouges; sachets; sachets for perfuming linen; sachet-like eye pillows containing
`
`fragrances; saddle soap; scented bathing salts; scented body lotions and creams;
`
`scented body spray; scented ceramic stones; scented oils; scented oils used to
`
`produce aromas when heated; scented pine cones; scented room sprays; scented
`
`sticks for adding scent to a flower bouquet or flowering pot plant; scented wood;
`
`seawater-based skin care preparations for skin renewal; seaweed For cosmetology;
`
`shampoos; shampoos for babies; shampoo-conditioners; shea butter for cosmetic
`
`purposes; shower and bath foam; shower and bath gel; shower creams; shower gel;
`
`shower gels; skin abrasive preparations; skin and body topical lotions, creams
`
`and oils for cosmetic use; skin bronzer; skin bronzing creams; skin care
`
`preparations, namely. chemical peels for skin; skin care preparations, namely, fruit
`
`acid peels for skin; skin care preparation, namely, body polish; skin care
`
`-5-
`
`

`
`preparations, namely, body balm; skin care preparations, namely, skin peels; skin
`
`care products, namely, non-medicated skin serum; skin clarifiers; skin cleansers;
`
`skin cleansing cream; skin cleansing lotion; skin conditioners; skin conditioning
`
`creams for cosmetic purposes; skin cream; skin creams; skin creams in liquid and
`
`in solid form; skin creams in liquid and solid; skin creams in liquid and solid form;
`
`skin emollients; skin fresheners for cosmetics; skin gels for accelerating,
`
`enhancing or extending tans; skin lighteners; skin lightening creams; skin lotion;
`
`skin lotions; skin masks; skin moisturizer; skin moisturizer masks; skin
`
`moisturizing gel; skin soap; skin texturizers; skin toners; skin whitening creams;
`
`skin whitening preparations; soap in the form of bath toys; soap powder; soaps and
`
`detergents; soaps for hands and faces; soaps for babies; soaps for body care; soaps
`
`for household use; soaps For personal use; soaps made from goat‘s milk; soaps
`
`made from almonds; soaps made from aloe; solid powder for cosmetic compacts;
`
`stick pomade; styling clay for hair; styling foam for hair; styling gels; styling
`
`lotions; styling mousse; styling paste for hair; sun block; sun block preparations;
`
`sun care lotions; sun creams; sun screen; sun screen preparations; sun tan gel; sun
`
`tan lotion; sun tan oil; sunscreen cream; sunscreen creams; suntan creams for self-
`
`tanning; suntan oils for cosmetic purposes; sun tanning preparations; sun-block
`
`lotions; sun-tanning oils; sun-tanning oils and lotions; sun-tanning preparations;
`
`synthetic perfumery; talcum powder; talcum powders; tanning and after-sun milks,
`
`gels and oils for cosmetics; tanning creams; tanning gels for cosmetics; tanning
`
`milks for cosmetics; tanning oils for cosmetics; teeth cleaning lotions; teeth
`
`whitening kit; teeth whitening strips impregnated with teeth whitening
`
`preparations for cosmetics; tissues impregnated with cosmetic lotions; toiletry
`
`bags sold filled with soap; toiletry bags sold filled with shampoo; toiletry bags
`
`sold fill