Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA273364 Filing date: 03/20/2009 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition

Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information

Name The Sunrider Corporation, dba Sunrider I Granted to Date 03/22/2009 of previous extension Address 1625 Abalone Avenue Torrance, CA 90501 UNITED STATES Party who filed The Sunrider Corporation, dba Sunrider International Extension of time THE SUNRIDER CORPORATION, DBA SUNRIDER INTERNATIONAL to oppose Relationship to The Opposer's name is The Sunrider Corporation, dba Sunrider International. party who filed Due to lack of space on a previous page, the name of Opposer was abbreviated Extension of time to "The Sunrider Corporation, dba Sunrider I" with the "I" being the first letter of to oppose the word "International."

Attorney Elizabeth A. Linford information Ladas & Parry LLP 5670 Wilshire Boulevard Suite 2100 Los Angeles, CA 90036 UNITED STATES [email protected] Phone:3239342300 Applicant Information

Application No 77311353 Publication date 09/23/2008 Opposition Filing 03/20/2009 Opposition 03/22/2009 Date Period Ends Applicant Beauty Pearls for Chemo Girls, LLC 6 Orchard Drive South Salem, NY 10590 UNITED STATES Goods/Services Affected by Opposition

Class 003. All goods and services in the class are opposed, namely: ADHESIVES FOR AFFIXING FALSE EYELASHES; ADHESIVES FOR AFFIXING FALSE HAIR; ADHESIVES FOR ATTACHING ARTIFICIAL FINGERNAILS AND/OR EYELASHES; ADHESIVES FOR COSMETIC USE; ADHESIVES FOR FALSE EYELASHES, HAIR AND NAILS; AEROSOL SPRAY FOR CLEANING CONDENSER COILS OF AIR FILTERS FOR AIR CONDITIONING, HEATING AND AIR FILTRATION UNITS; AFTER SUN CREAMS; AFTER-SHAVE; AFTER-SHAVE BALMS; AFTER- SHAVE CREAMS; AFTER-SHAVE EMULSIONS; AFTER-SHAVE GEL; AFTER-SHAVE LOTIONS; AFTER-SUN GELS; AFTER-SUN LOTIONS; AFTER-SUN MILKS; AFTER-SUN OILS; AGE SPOT REDUCING CREAMS; ALCOHOL FOR CLEANING PURPOSES; ALL PURPOSE CLEANING PREPARATIONS; ALL PURPOSE COTTON SWABS FOR PERSONAL USE; ALL-PURPOSE CLEANERS; ALMOND SOAPS; ALOE VERA GEL FOR COSMETIC PURPOSES; ANTIBACTERIAL SKIN SOAPS; ANTIBACTERIAL SOAP; AROMATHERAPY CREAMS; AROMATHERAPY LOTIONS; AROMATHERAPY OILS; AROMATHERAPY PILLOWS COMPRISING POTPOURRI IN FABRIC CONTAINERS; AROMATHERAPY PILLOWS THAT MAY BE USED TO FRESHEN CLOTHING OR LAY OVER THE EYES; AROMATHERAPY SPRAYS; ARTIFICIAL EYELASHES; ARTIFICIAL FINGERNAILS; ASTRINGENTS FOR COSMETIC PURPOSES; BAR SOAP; BATH BEADS; BATH CRYSTALS; BATH FOAM; BATH FOAMS; BATH GEL; BATH GELS; BATH LOTION; BATH MILKS; BATH OIL; BATH OILS; BATH OILS FOR COSMETIC PURPOSES; BATH PEARLS; BATH POWDER; BATH SALTS; BATH SOAPS; BATH SOAPS IN LIQUID, SOLID OR GEL FORM; BATHING LOTIONS; BEAUTY CREAMS; BEAUTY CREAMS FOR BODY CARE; BEAUTY GELS; BEAUTY LOTIONS; BEAUTY MASKS; BEAUTY MILKS; BEAUTY SERUMS; BLUSH; BLUSH PENCILS; BLUSHER; BODY AND BEAUTY CARE COSMETICS; BODY CREAM; BODY CREAM SOAP; BODY CREAMS; BODY EMULSIONS; BODY LOTION; BODY LOTIONS; BODY MASK CREAM; BODY MASK LOTION; BODY MASK POWDER; BODY MASKS; BODY MILK; BODY MILKS; BODY OIL; BODY OILS; BODY POWDER; BODY SCRUB; BODY SPRAY USED AS A PERSONAL DEODORANT AND AS FRAGRANCE; BODY SPRAYS; BODY SPRAYS, NAMELY WATER IN ATOMIZED CONTAINERS USED TO PRODUCE A COOLING EFFECT; BODY WASHES; CLEANSING CREAMS; CLEANSING MILK; COCOA BUTTER FOR COSMETIC PURPOSES; COLD CREAM; COLD CREAMS; COLORING PREPARATIONS FOR COSMETIC PURPOSES; COMPACTS CONTAINING MAKE-UP; CONCEALERS; CONCEALERS FOR SKIN, FACE, BODY; CONDITIONERS; COSMETIC BALLS; COSMETIC CREAMS; COSMETIC CREAMS FOR SKIN CARE; COSMETIC FACIAL BLOTTING PAPERS; COSMETIC MILKS; COSMETIC OILS; COSMETIC OILS FOR THE EPIDERMIS; COSMETIC PADS; COSMETIC PENCILS; COSMETIC PREPARATIONS FOR SKIN RENEWAL; COSMETIC PREPARATIONS AGAINST SUNBURN; COSMETIC PREPARATIONS FOR BODY CARE; COSMETIC PREPARATIONS FOR EYE LASHES; COSMETIC PREPARATIONS FOR THE CARE OF MOUTH AND TEETH; COSMETIC PRODUCTS IN THE FORM OF AEROSOLS FOR SKIN CARE; COSMETIC PRODUCTS IN THE FORM OF AEROSOLS FOR SKINCARE; COSMETIC ROUGES; COSMETIC SOAPS; COSMETIC SUNTAN LOTIONS; COSMETIC SUN-PROTECTING PREPARATIONS; COSMETIC SUN- TANNING PREPARATIONS; COSMETICS; COSMETICS, NAMELY, COMPACTS; COSMETICS, NAMELY, LIP PRIMER; COSMETICS, NAMELY, LIP REPAIRERS; COTTON BALLS FOR COSMETIC PURPOSES; COTTON BUDS FOR COSMETIC PURPOSES; COTTON PUFFS FOR COSMETIC PURPOSES; COTTON STICKS FOR COSMETIC PURPOSES; COTTON SWABS FOR COSMETIC PURPOSES; CREAM SOAPS; CREAMY FACE POWDER; CREAMY FOUNDATION; CREAMY ROUGES; DEODORANT FOR PERSONAL USE; DEODORANTS FOR BODY CARE; DEPILATORIES; DEPILATORY CREAMS; EAU DE COLOGNE; EAU DE PARFUM; EAU DE PERFUME; EAU DE TOILETTE; EAUX DE TOILETTE; EAU-DE-TOILETTE; ESSENTIAL OILS; ESSENTIAL OILS FOR PERSONAL USE; EXFOLIANT CREAMS; EXFOLIANTS FOR SKIN; EYE CREAM; EYE GELS; EYE LINER; EYE LOTIONS; EYE MAKE-UP; EYE MAKE-UP REMOVER; EYE PENCILS; EYE SHADOW; EYE SHADOWS; EYEBROW COLORS; EYEBROW PENCILS; EYELINER; EYELINER PENCILS; EYELINERS; EYES MAKE-UP; EYES PENCILS; EYESHADOW; EYESHADOWS; EYE-SHADOW; FACE AND BODY BEAUTY CREAMS; FACE AND BODY CREAMS; FACE AND BODY LOTIONS; FACE AND BODY MILK; FACE CREAMS; FACE CREAMS FOR COSMETIC USE; FACE MILK AND LOTIONS; FACE PAINT; FACE POWDER; FACE POWDER PASTE; FACE-POWDER ON PAPER; FACIAL BEAUTY MASKS; FACIAL CLEANSERS; FACIAL CLEANSING MILK; FACIAL CONCEALER; FACIAL CREAM; FACIAL CREAMS; FACIAL EMULSIONS; FACIAL LOTION; FACIAL MAKE-UP; FACIAL MASKS; FACIAL SCRUBS; FACIAL WASHES; FAIR COMPLEXION CREAM; FOAM BATH; FOAM CLEANING PREPARATIONS; FOAMS CONTAINING COSMETICS AND SUNSCREENS; FOUNDATION; FOUNDATION MAKE- UP; FOUNDATIONS; GEL EYE MASKS; HAIR GEL; HAIR CARE CREAMS; HAIR CARE LOTIONS; HAIR CARE PREPARATIONS; HAIR CLEANING PREPARATIONS; HAIR COLOR; HAIR COLORING PREPARATIONS; HAIR CONDITIONER; HAIR CONDITIONERS; HAIR CREAMS; HAIR DRESSINGS FOR WOMEN; HAIR DYES; HAIR EMOLLIENTS; HAIR GELS; HAIR LOTIONS; HAIR MASCARA; HAIR MOUSSE; HAIR MOUSSES; HAIR NOURISHERS; HAIR OILS; HAIR PIECE BONDING GLUE; HAIR RINSES; HAIR RINSES, NAMELY, SHAMPOO-CONDITIONERS; HAIR SHAMPOO; HAIR SPRAY; HAIR STYLING GEL; HAIR STYLING PREPARATIONS; HAIR STYLING SPRAY; HAND CLEANERS; HAND CLEANING PREPARATIONS; HAND CREAM; HAND CREAMS; HAND LOTIONS; HAND SOAPS; HENNA FOR COSMETIC PURPOSES; INCENSE; INCENSE STICKS; LIP BALM; LIP CREAM; LIP GLOSS; LIP GLOSS PALATTE; LIP LINER; LIP POLISHER; LIPSTICK; LIPSTICK CASES; LIPSTICK HOLDERS; LIPSTICKS; LIQUID BATH SOAPS; LIQUID FOUNDATION (MIZU-OSHIROI); LIQUID PERFUMES; LIQUID SOAP; LIQUID SOAPS; LIQUID SOAPS FOR HANDS, FACE AND BODY; LIQUID SOAPS FOR HANDS AND FACE; LOOSE FACE POWDER; LOTIONS FOR SKIN, HAIR, FACE, BODY; LOTIONS FOR FACE AND BODY CARE; MAKE UP FOUNDATIONS; MAKE UP REMOVING PREPARATIONS; MAKE-UP FOR REMOVING PREPARATIONS; MAKE-UP; MAKE-UP FOR THE FACE AND BODY; MAKE-UP FOUNDATIONS; MAKE-UP PENCILS; MAKE-UP POWDER; MAKE-UP REMOVER; MAKE-UP REMOVING LOTIONS; MAKE-UP REMOVING MILK, GEL, LOTIONS AND CREAMS; MAKE-UP REMOVING MILKS; MASCARA; MASCARAS; MASSAGE OIL; MASSAGE OILS; MOISTURIZING CREAMS; MOISTURIZING MILKS; MOUSSE FOR HAIR; NAIL POLISH; NAIL POLISH BASE COAT; NAIL POLISH REMOVER; NAIL POLISH REMOVERS; NAIL POLISH TOP COAT; NAIL- POLISH REMOVERS; NATURAL ESSENTIAL OILS; NATURAL MINERAL MAKE-UP; NIGHT CREAM; NON-MEDICATED ACNE TREATMENT PREPARATIONS; NON-MEDICATED BATH PREPARATIONS; NON-MEDICATED BODY SOAKS; NON-MEDICATED FOOT CREAM; NON- MEDICATED LIP CARE PREPARATIONS; NON-MEDICATED LIP PROTECTOR; NON- MEDICATED OINTMENTS FOR THE PREVENTION AND TREATMENT OF SUNBURN; NON- MEDICATED SCALP TREATMENT CREAM; NON-MEDICATED SKIN CARE PREPARATIONS; NON-MEDICATED SKIN CREAMS; NON-MEDICATED SKIN CARE PREPARATIONS, NAMELY, CREAMS, LOTIONS, GELS, TONERS, CLEANERS AND PEELS; NON-MEDICATED STIMULATING LOTIONS FOR THE SKIN; NON-MEDICATED SUN CARE PREPARATIONS; NON- MEDICATED TOILETRIES; NUTRITIONAL OILS FOR COSMETIC PURPOSES; OIL BATHS FOR HAIR CARE; OILS FOR HAIR CONDITIONING; PATCHES CONTAINING SUN SCREEN AND SUN BLOCK FOR USE ON THE SKIN; PERFUME; PERFUMED CREAMS; PERSONAL DEODORANTS; POTPOURRI; PRESSED FACE POWDER; PRE-MOISTENED COSMETIC TISSUES; PRE- MOISTENED COSMETIC TOWELETTES; PRE-MOISTENED COSMETIC WIPES; ROSE OIL FOR COSMETIC PURPOSES; ROUGE; ROUGES; SCENTED BODY LOTIONS AND CREAMS; SCENTED BODY SPRAY; SELF-TANNING PREPARATIONS; SHAMPOOS; SHAVING BALM; SHAVING CREAM; SHAVING CREAMS; SHAVING FOAM; SHAVING GEL; SHAVING LOTION; SHAVING LOTIONS; SHAVING MOUSSE; SHAVING PREPARATIONS; SHAVING SOAP; SHAVING SPRITZ IN THE NATURE OF A MOISTURIZING SOLUTION FOR SHAVING; SHOWER AND BATH FOAM; SHOWER AND BATH GEL; SHOWER CREAMS; SHOWER GEL; SHOWER GELS; 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 PREPARATION, NAMELY FRUIT ACID PEELS FOR SKIN; SKIN CARE PREPARATION, NAMELY, BODY POLISH; SKIN CARE PRODUCTS, NAMELY, NON- MEDICATED SKIN SERUM; SKIN CLARIFIERS; SKIN CLEANSERS; SKIN CLEANSING CREAM; SKIN CLEANSING LOTION; SKIN CONDITIONERS; 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 LOTION; SKIN LOTIONS; SKIN MASKS; SKIN MOISTURIZER; SKIN MOISTURIZER MASKS; SKIN POLISHING RICE BRAN (ARIA-NUKA); SKIN SOAP; SKIN TEXTURIZERS; SKIN TONERS; SOAPS FOR BODY CARE; SPFSUNBLOCK TOWELETTES; STYLING GELS; STYLING LOTIONS; STYLING MOUSSE; 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; SUNTANNING PREPARATIONS; SUN-BLOCK LOTIONS; TANNING AND AFTER-SUN MILKS, GELS AND OILS; TANNING CREAMS; TANNING GELS; TANNING MILKS; TANNING OILS; THEATRICAL MAKE-UP; TONERS; TONING LOTION, FOR THE FACE, BODY AND HANDS; UNDER-EYE ENHANCERS; 3-IN-1 HAIR CONDITIONERS; 3-IN-1 HAIR SHAMPOOS Grounds for Opposition

Priority and likelihood of confusion Trademark Act section 2(d) Marks Cited by Opposer as Basis for Opposition

U.S. Registration 2212160 Application Date 11/13/1996 No. Registration Date 12/22/1998 Foreign Priority NONE Date Word Mark BEAUTY PEARL Design Mark

Description of NONE Mark Goods/Services Class 005. First use: First Use: 1993/03/00 First Use In Commerce: 1993/03/00 nutritional supplements

U.S. Registration 2334607 Application Date 07/17/1998 No. Registration Date 03/28/2000 Foreign Priority NONE Date Word Mark BEAUTY PEARL SUPPLEMENT Design Mark

Description of NONE Mark Goods/Services Class 003. First use: First Use: 1993/01/00 First Use In Commerce: 1993/01/00 Dry cosmetic formulation in the nature of powder in capsule form for skin nourishment

U.S. Application 77418437 Application Date 03/11/2008 No. Registration Date NONE Foreign Priority NONE Date Word Mark BEAUTY PEARL Design Mark

Description of NONE Mark Goods/Services Class 003. First use: Dry cosmetic formulation in the nature of powder in capsule form for skin nourishment Class 005. First use: Nutritional supplements Attachments 75197369#TMSN.gif ( 1 page )( bytes ) 75520851#TMSN.gif ( 1 page )( bytes ) 77418437#TMSN.jpeg ( 1 page )( bytes ) Not of Opp 77311353.PDF ( 8 pages )(462228 bytes )

Certificate of Service

The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address record by First Class Mail on this date.

Signature /elizabeth a linford/ Name Elizabeth A. Linford Date 03/20/2009 IN THE UNITED STATES PATENT AND TRAEMARK OFFICE BEFORE THE TRAEMAK TRIL AND APPEAL BOARD

In the Matter of Trademark Application Serial No. 77/311353 For the Mark: BEAUTY PEARLS FOR CHEMO GIRLS in Classes 3 and 25 Application Filing Date: October 23,2007 Published in the Offcial Gazette: September 23, 2008

THE SUNRIDER CORPORATION, DBA SUNRIDER INTERNATIONAL,

OPPOSER,

v. Opposition No.

BEAUTY PEARLS FOR CHEMO GIRLS, LLC,

APPLICANT.

Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451

NOTICE OF OPPOSITION

The Sunider Corporation, a corporation organized and existing under the laws of the

State of Utah, located and doing business at 1625 Abalone Avenue, Torrance, California 90501 ("Opposer"), believes it wil be damaged by the registration of the mark BEAUTY PEARLS FOR CHEMO GIRLS ("Applicant's Mark") displayed in Trademark Application Serial No. 77/311353 ("Application") in the name of Beauty Pearls for Chemo Girls, LLC a limited liability company organized and existing in the State of New York, with an address of 6 Orchard Drive, South Salem, NY 10590 ("Applicant"), and by and through its attorneys, hereby opposes the same. Notice of Opposition Serial No. 77/311353 Mark: BEAUTY PEARLS FOR CHEMO GIRLS Applicant: Beauty Pearls for Chemo Girls, LLC

Applicant's Mark was published for opposition in the Offcial Gazette dated September

23, 2008. On October 22, 2008, Opposer requested and was granted a 30-day extension of time to oppose the Application through November 22, 2008. On November 24, 2008, Opposer requested and was granted an additional 60-day extension to oppose the Application through Januar 21, 2009. With the consent of opposing counsel, Opposer filed a fuher 60-day extension of time for fiing a Notice of Opposition against the Application on Januar 15, 2009, which was duly granted by the Board. The curent extension of time to oppose the Application is due to expire on March 22,2009.

The grounds for opposing registration of Applicant's Mark are as follows:

1. Opposer is the owner of two U.S. Trademark Registrations and one pending Trademark Application for marks incorporating or consisting of the distinctive phrase BEAUTY PEARL (collectively, "Opposer's Marks") for various goods in Classes 3 and 5 (collectively, "Opposer's Goods"), as specified in Paragraphs 2 though 6 herein.

2. Opposer is the owner of U.S. Trademark Registration No. 2,212,160 issued December 22, 1998 for the mark BEAUTY PEARL for use on "nutritional supplements" in Class 5.

3. U.S. Trademark Registration No. 2,212,160 was deemed incontestable on Januar 31, 2005, is valid and subsisting and is evidence of Opposer's exclusive right to use BEAUTY PEARL in connection with the goods identified therein.

4. Opposer is the owner of U.S. Trademark Registration No. 2,334,607 issued March 28, 2000 for the mark BEAUTY PEARL SUPPLEMENT for use on "dry cosmetic formulation in the natue of powder in capsule form for skin nourishment" in Class 3.

5. U.S. Trademark Registration No. 2,334,607 was deemed incontestable on June 9, 2006, is valid and subsisting and is evidence of Opposer's exclusive right to use BEAUTY PEARL SUPPLEMENT in connection with the goods identified therein.

2 Notice of Opposition Serial No. 77/311353 Mark: BEAUTY PEARLS FOR CHEMO GIRLS Applicant: Beauty Pearls for Cherno Girls, LLC

6. Opposer is the owner of U.S. Trademark Application No. 77/418437 filed on March 11, 2008 for the mark BEAUTY PEARL for use on "dry cosmetic formulation in the natue of powder in capsule form for skin nourishment" in Class 3 and "nutritional supplements" in Class 5.

7. Opposer has continuously used Opposer's Marks to promote Opposer's Goods in interstate commerce since at least as early as 1993 and long before any date of use upon which Applicant can rely.

8. By reason of Opposer's extensive investment and promotional efforts since 1993, the public has come to recognize Opposer's Marks as signifying Opposer and as identifying Opposer as the exclusive source of Opposer's Goods.

9. Opposer's sales of goods offered under Opposer's Marks have continuously increased since adoption of Opposer's Marks and, by vire of the excellent quality thereof, Opposer has acquired an excellent and widespread reputation among consumers and industry professionals, alike.

10. As a result of such widespread use, promotion and recognition of Opposer's Marks, Opposer has built extensive and valuable goodwil in connection with its BEAUTY PEARL marks.

1 1. Upon information and belief, Opposer's rights in Opposer's Marks were established prior to any rights claimed by Applicant in Applicant's Mark.

12. Notwithstanding Opposer's prior rights in and to Opposer's Marks, Applicant applied to register Applicant's Mark on October 23, 2007 for use in Classes 3 and 25 under Section 1 (b) of the Trademark Act, with the goods in Class 3 described, as follows:

Adhesives for affxing false eyelashes; adhesives for affixing false hair; adhesives for attaching arificial fingernails and/or eyelashes; adhesives for cosmetic use; adhesives for false eyelashes, hair and nails; aerosol spray for cleaning condenser coils of air filters for air conditioning, heating and air filtration unts; after sun creams; after-shave; after-shave balms; after-shave creams; after-shave

3 Notice of Opposition Serial No. 77/311353 Mark: BEAUTY PEARLS FOR CHEMO GIRLS Applicant: Beauty Pearls for Chemo Girls, LLC

emulsions; after-shave gel; after-shave lotions; after-sun gels; after-sun lotions; after-sun milks; after-sun oils; age spot reducing creams; alcohol for cleanng puroses; all purose cleaning preparations; all purose cotton swabs for personal use; all-purose cleaners; almond soaps; aloe vera gel for cosmetic puroses; antibacterial skin soaps; antibacterial soap; aromatherapy creams; aromatherapy lotions; aromatherapy oils; aromatherapy pilows comprising potpouri in fabric containers; aromatherapy pilows that may be used to freshen clothing or layover the eyes; aromatherapy sprays; arificial eyelashes; arificial fingernails; astringents for cosmetic puroses; bar soap; bath beads; bath crystals; bath foam; bath foams; bath gel; bath gels; bath lotion; bath milks; bath oil; bath oils; bath oils for cosmetic puroses; bath pearls; bath powder; bath salts; bath soaps; bath soaps in liquid, solid or gel form; bathing lotions; beauty creams; beauty creams for body care; beauty gels; beauty lotions; beauty masks; beauty milks; beauty serums; blush; blush pencils; blusher; body and beauty care cosmetics; body cream; body cream soap; body creams; body emulsions; body lotion; body lotions; body mask cream; body mask lotion; body mask powder; body masks; body milk; body milks; body oil; body oils; body powder; body scrub. body spray used as a personal deodorant and as fragrance; body sprays; body sprays, namely water in atomized containers used to produce a cooling effect; body washes; cleansing creams; cleansing milk; cocoa butter for cosmetic puroses; cold cream; cold creams; coloring preparations for cosmetic puroses; compacts containing make-up; concealers; concealers for skin, face, body; conditioners; cosmetic balls; cosmetic creams; cosmetic creams for skin care; cosmetic facial blotting papers; cosmetic milks; cosmetic oils; cosmetic oils for the epidermis; cosmetic pads; cosmetic pencils; cosmetic preparations for skin renewal; cosmetic preparations against sunbur; cosmetic preparations for body care; cosmetic preparations for eye lashes; cosmetic preparations for the care of mouth and teeth; cosmetic products in the form of aerosols for skin care; cosmetic products in the form of aerosols for skicare; cosmetic rouges; cosmetic soaps; cosmetic suntan lotions; cosmetic sun-protecting preparations; cosmetic sun-taning preparations; cosmetics; cosmetics, namely, compacts; cosmetics, namely, lip primer; cosmetics, namely, lip repairers; cotton balls for cosmetic puroses; cotton buds for cosmetic puroses; cotton puffs for cosmetic puroses; cotton sticks for cosmetic puroses; cotton swabs for cosmetic puroses; cream soaps; creamy face powder; creamy foundation; creamy rouges; deodorant for personal use; deodorants for body care; depilatories; depilatory creams; eau de cologne; eau de parfu; eau de perfue; eau de toilette; eaux de toilette; eau-de-toilette; essential oils; essential oils for personal use; exfoliant creams; exfoliants for skin; eye cream; eye gels; eye liner; eye lotions; eye make-up; eye make-up remover; eye pencils; eye shadow; eye shadows; eyebrow colors; eyebrow pencils; eyeliner. eyeliner pencils; eyeliners; eyes make-up; eyes pencils; eyeshadow; eyeshadows; eye-shadow; face and body beauty creams; face and body creams; face and body lotions; face and body milk; face creams; face creams for cosmetic use; face milk and lotions; face paint; face powder; face powder paste; face-powder on paper;

4 Notice of Opposition Serial No. 77/311353 Mark: BEAUTY PEARLS FOR CHEMO GIRLS Applicant: Beauty Pearls for Chemo Girls, LLC

facial beauty masks; facial cleansers; facial cleansing milk; facial concealer; facial cream; facial creams; facial emulsions; facial lotion; facial make-up; facial masks; facial scrubs; facial washes; fair complexion cream; foam bath; foam cleanng preparations; foams containing cosmetics and sunscreens; foundation; foundation make-up; foundations; gel eye masks; hair gel; hair care creams; hair care lotions; hair care preparations; hair cleaning preparations; hair color; hair coloring preparations; hair conditioner; hair conditioners; hair creams; hair dressings for women; hair dyes; hair emollents; hair gels; hair lotions; hair mascara; hair mousse; hair mousses; hair nourishers; hair oils; hair piece bonding glue; hair rinses; hair rinses, namely, shampoo-conditioners; hair shampoo; hair spray; hair styling gel; hair styling preparations; hair styling spray; hand cleaners; hand cleaning preparations; hand cream; hand creams; hand lotions; hand soaps; henna for cosmetic puroses; incense; incense sticks; lip balm; lip cream; lip gloss; lip gloss palatte; lip liner; lip polisher; lipstick; lipstick cases; lipstick holders; lipsticks; liquid bath soaps; liquid foundation (mizu-oshiroi); liquid perfes; liquid soap; liquid soaps; liquid soaps for hands, face and body; liquid soaps for hands and face; loose face powder; lotions for skin, hair, face, body; lotions for face and body care; make up foundations; make up removing preparations. make- up for removing preparations; make-up; make-up for the face and body; make-up foundations; make-up pencils; make-up powder; make-up remover; make-up removing lotions; make-up removing milk, gel, lotions and creams; make-up removing milks; mascara; mascaras; massage oil; massage oils; moistuizing creams; moistuizing milks; mousse for hair; nail polish; nail polish base coat; nail polish remover; nail polish removers; nail polish top coat; nail-polish removers; natural essential oils; natual mineral make-up; night cream; non- medicated acne treatment preparations; non-medicated bath preparations; non- medicated body soaks; non-medicated foot cream; non-medicated lip care preparations; non-medicated lip protector; non-medicated ointments for the prevention and treatment of sunbur; non-medicated scalp treatment cream; non- medicated skin care preparations; non-medicated skin creams; non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; non- medicated stimulating lotions for the skin; non-medicated sun care preparations; non-medicated toiletries; nutritional oils for cosmetic puroses; oil baths for hair care; oils for hair conditioning; patches containing sun screen and sun block for use on the skin; perfue; perfumed creams; personal deodorants; potpouri; pressed face powder; pre-moistened cosmetic tissues; pre-moistened cosmetic towelettes; pre-moistened cosmetic wipes; rose oil for cosmetic puroses; rouge; rouges; scented body lotions and creams; scented body spray; self-tanng preparations; shampoos; shaving balm; shaving cream; shaving creams; shaving foam; shaving gel; shaving lotion; shaving lotions; shaving mousse; shaving preparations; shaving soap; shaving spritz in the nature of a moistuizing solution for shaving; shower and bath foam; shower and bath gel; shower creams; shower gel; shower gels. skin and body topical lotions, creams and oils for cosmetic use; skin bronzer; skin bronzing creams; skin care preparations, namely, chemical

5 Notice of Opposition Serial No. 77/311353 Mark: BEAUTY PEARLS FOR CHEMO GIRLS Applicant: Beauty Pearls for Cherno Girls, LLC

peels for skin; skin care preparation, namely fruit acid peels for skin; skin care preparation, namely, body polish; skin care products, namely, non-medicated skin serum; skin clarifiers; skin cleansers; skin cleansing cream; skin cleansing lotion; skin conditioners; skin cream; skin creams; skin creams in liquid and in solid form; skin creams in liquid and solid; skin creams in liquid and soiid form; skin emollients; skin lotion; skin lotions; skin masks; skin moistuizer; skin moistuizer masks; skin polishing rice bran (aria-nuka); skin soap; skin textuizers; skin toners; soaps for body care; spf sunblock towelettes; styling gels; styling lotions; styling mousse; 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; suntanng preparations; sun-block lotions; tanng and after-sun milks, gels and oils; taning creams; tanning gels; taning milks; taning oils; theatrical make-up; toners; toning lotion, for the face, body and hands; under-eye enhancers; 3-in- 1 hair conditioners; 3-in-l hair shampoos ("Applicant's Goods").

13. Applicant's Mark so resembles Opposer's Marks in terms of sight, sound, and commercial connotation that when applied to Applicant's cosmetics and beauty care goods identified in Paragraph 12 herein, Applicant's Mark is likely to cause confusion, to cause mistake or to deceive the relevant public as to the source of such goods, thereby causing irreparable damage to Opposer.

14. Applicant's Mark incorporates, in full, Opposer's Mark, BEAUTY PEAR.

15. As such, the examining attorney for Opposer's U.S. Trademark Application No. 77/418437 has indicated that Opposer's Application may be denied registration under Section 2( d) of the Trademark Act based on likelihood of confusion with Opposer's Mark, should such mark proceed to registration in the futue.

16. Because Opposer's Goods and Applicant's Goods are related, Opposer's and Applicant's target customers are the same, and the conditions under which buyers to whom sales are made are similar, relevant consumers are likely to believe that Applicant's Goods are sponsored by or in some way related to or affiiated with Opposer and Opposer's Goods, thereby causing irreparable damage to Opposer and Opposer's Marks.

6 Notice of Opposition Serial No. 77/311353 Mark: BEAUTY PEARLS FOR CHEMO GIRLS Applicant: Beauty Pearls for Chemo Girls, LLC

17. Applicant's intended use and registration of Applicant's Mark will dilute the distinctive significance of Opposer's Marks as identifying a single source of goods, thereby causing irreparable damage to Opposer and Opposer's Marks.

18. Opposer has superior and paramount rights in Opposer's Marks, as compared to Applicant, and Opposer has used Opposer's Marks in commerce continuously from a date long prior to the filing date of the Application. Consequently, confsion, mistae and/or deception in the trade and among relevant consumers is likely, thereby causing irreparable damage to Opposer and Opposer' Marks.

WHEREFORE, Opposer wil be damaged by the registration of Applicant's Mark and hereby requests that this opposition be sustained and that Trademark Application Serial No. 77/311353 be denied registration in Class 3. Opposer does not challenge the registration of Applicant's Mark in Class 25.

Opposer requests that the Board charge the $300 fiing fee for opposition in one class of goods to the undersigned's Deposit Account Number 12-0415.

Respectfully submitted,

Dated: March 20, 2009 By:Ji~ Elizab A. Linford CERTIFICATE OF MAILING LADAS & PARRY LLP Attorney for Opposer I hereby certify that this correspondence is being deposited with the United States Postal Service with suffcient postage as First-class mail 5670 Wilshire Blvd., Ste. 2100 in an envelope addressed to: Los Angeles, CA 90036 Tel: 323-934-2300 Commissioner for Trademarks P.O. Box 1451 Fax: 323-934-0202 Alexandria, Virginia 22313-1451 Email: elinfordaYla.ladas.com

On 3/201ü\ , Date¡

ELIZABETH A. LINFORD

(Typed or Printed Name of Person Signing Certificate)

7 Notice of Opposition Serial No. 77/311353 Mark: BEAUTY PEARLS FOR CHEMO GIRLS Applicant: Beauty Pearls for Chemo Girls, LLC

CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy ofthe foregoing NOTICE OF OPPOSITION has been served on Amy B. Goldsmith, Esq. on this 20th day of March, 2009, via First Class Mail, postage prepaid to:

Amy B. Goldsmith, Esq. Gottlieb, Rackman & Reisman, P.C. 270 Madison Avenue, Floor 8 New York, NY 10016-0601

Date: March 20, 2009 ~Eliza eth A. Linford