To: | Brown, John, L (eoeoclothing@aol.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85675242 - CRUSADER - N/A |
Sent: | 11/6/2012 6:08:00 AM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85675242
MARK: CRUSADER
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Brown, John, L
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 11/6/2012
Summary of Issues Applicant Must Address
Section 2(d) Refusal – Likelihood of Confusion
The applicant has applied to register CRUSADER in standard-character form for:
clothing, namely, t-shirts, shirts, tank tops, thermal shirts, long sleeve shirts, short sleeve shirts, woven shirts, polo shirts, jackets, leather jackets, pants, denim jeans, denim jackets, denim shorts, jeans, shorts, board shorts, sweatshirts, hooded shirts, hooded sweatshirts, hats, caps, footwear
During preliminary review of the application, the Office classified the applicant’s goods in Class 25.
The registered marks, owned by two different entities, are the following:
Registration No. 1575118 is AMERICAN CRUSADER in typed-drawing form for “CLOTHING, namely, MEN'S AND [sic] PANTS, SHIRTS, AND TOPS,” in Class 25.
Registration No. 1723703 is CRUSADERS in typed-drawing form for goods in Classes 16 and 25, including “clothing; namely, T-shirts, sweat shirts, jerseys, jackets, caps, hats, gym shorts, undergarments, socks,” in Class 25.
Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused or mistaken or deceived as to the source of the goods and/or services of the applicant and registrant. See 15 U.S.C. §1052(d). The court in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) listed the principal factors to be considered when determining whether there is a likelihood of confusion under Section 2(d). See TMEP §1207.01. However, not all the factors are necessarily relevant or of equal weight, and any one factor may be dominant in a given case, depending upon the evidence of record. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1355, 98 USPQ2d 1253, 1260 (Fed. Cir. 2011); In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont, 476 F.2d at 1361-62, 177 USPQ at 567.
In this case, the following factors are the most relevant: similarity of the marks, similarity of the goods, and similarity of trade channels of the goods. See In re Dakin’s Miniatures Inc., 59 USPQ2d 1593 (TTAB 1999); TMEP §§1207.01 et seq.
Comparison of the Goods
The applicant’s goods and the goods in the cited registrations are all a variety of ordinary clothing items. Thus, the applicant’s goods are closely related to the goods in the cited registrations.
Registration No. 1575118
In this case, most of the applicant’s goods are specifically encompassed by the goods in Registration No. 1575118. Additionally, the applicant’s goods are not limited to a particular audience and would thus include all of the specified items for men.
As to the remaining goods in the applicant’s identification (jackets, leather jackets, denim jackets, denim shorts, shorts, board shorts, hats, caps, and footwear), the trademark examining attorney has attached evidence from the USPTO’s X-Search database consisting of 10 third-party marks registered for use in connection with the same or similar goods along with pants, shirts, and tops, the types of goods in the cited registration. This evidence shows that the goods listed therein, are of a kind that may emanate from a single source under a single mark. See In re Anderson, 101 USPQ2d 1912, 1919 (TTAB 2012); In re Albert Trostel & Sons Co., 29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988); TMEP §1207.01(d)(iii).
See U.S. Registration Nos. 3974472, 4119608, 4171302, 4227339, 4232844, 4234029, 4234415, 4234457, 4234783, and 4235526
Registration No. 1723703
In this case, most of the applicant’s goods are specifically encompassed by the goods in Registration No. 1723703. Additionally, the applicant’s shorts are broad enough to encompass the registrant’s gym shorts.
As to the remaining goods in the applicant’s identification (pants, denim jeans, denim shorts, jeans, board shorts, footwear), the trademark examining attorney has attached evidence from the USPTO’s X-Search database consisting of 10 third-party marks registered for use in connection with the same or similar goods along with jerseys, jackets, caps, hats, gym shorts, undergarments, and socks, the types of goods in the cited registration. This evidence shows that the goods listed therein, are of a kind that may emanate from a single source under a single mark. See In re Anderson, 101 USPQ2d 1912, 1919 (TTAB 2012); In re Albert Trostel & Sons Co., 29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988); TMEP §1207.01(d)(iii).
See U.S. Registration Nos. 4059746, 4098799, 4229025, 4229963, 4231176, 4233519, 4233950, 4235051, 4235118, and 4235502
Comparison of the Marks
Registration No. 1575118
The applicant’s mark CRUSADER is similar in commercial impression to the registered mark AMERICAN CRUSADER.
In this case, the additional term AMERICAN in the registered mark would be viewed as indicating the origin of the goods. Since the applicant’s goods will also be sold in the United States, consumers are likely to assume that due to the common term CRUSADER, both parties’ marks identify the same source of goods.
Registration No. 1723703
The applicant’s mark CRUSADER is virtually identical to the registered mark CRUSADERS.
Overall, the marks have the same commercial impression.
Since the marks are similar and the goods are closely related, there is a likelihood of confusion as to the source of applicant’s goods. Therefore, applicant’s mark is not entitled to registration.
ADVISORY – Grace Period
To avoid inadvertent cancellation or expiration of a registration due to a delay in processing maintenance documents, the USPTO’s policy is to wait until 30 days after expiration of the grace period before updating its automated records to show that a registration has been cancelled or expired. Id.
Applicant must also respond to the requirement set forth below.
Clarification of Entity Data
The applicant is identified as follows:
Brown, John, L, a California sole proprietorship.
The following format for identifying a sole proprietorship should be used:
name of sole proprietorship>, a <identify U.S. state or country where sole proprietorship is registered to do business> sole proprietorship, composed of <name of individual>, a citizen of <country of citizenship>.
TMEP §803.03(a). The name of the sole proprietorship and the name of the individual can be the same.
If, rather than a sole proprietorship, applicant is instead an individual person doing business under an assumed business name, then the following format should be used:
<name of individual>, a citizen of <country of citizenship>, doing business as <assumed business name>.
TMEP §§803.02(a), 803.04.
If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed. See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use the mark as of the application filing date. TMEP §§1201, 1201.02(b).
Response Guidelines
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and email technical questions to TEAS@uspto.gov.
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to live status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).
Responses to Office actions must be properly signed. See 37 C.F.R. §§2.62(b), 2.193(e)(2); TMEP §§712, 712.01. Where an applicant is not represented by an attorney, the response must be signed by the individual applicant or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). See 37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.03(b), 611.06(b)-(h), 712.01.
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help at http://www.abanet.org/legalservices/findlegalhelp/home.cfm, an attorney referral service of a state or local bar association, or a local telephone directory. The USPTO may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
/Kim Teresa Moninghoff/
Examining Attorney
Law Office 113
Phone: 571-272-4738
Fax: 571-273-9113
Email: kim.moninghoff@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.
Mark
ENVY JEANS
Goods and Services
IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic shoes; Bermuda shorts; Board shorts; Capri pants; Cargo
pants; Crew neck sweaters; Denim jackets; Denims; Down jackets; Dress shirts; Gym pants; Hats;
Headgear, namely, caps; Heavy jackets; Hooded pullovers; Hooded sweat shirts; Hoods; Jackets; Jeans; Jogging pants; Knit
shirts; Ladies' underwear; Leather jackets; Long-sleeved shirts; Lounge pants; Men's underwear; Open-necked shirts; Padded jackets; Pants; Pique shirts; Polo shirts; Rainproof jackets; Reversible jackets; Rubber shoes; Rugby shirts; Running shoes;
Scarves; Shirts; Shoes; Short trousers; Short-sleeved or long-sleeved t-shirts; Shorts; Ski jackets; Skirts; Skirts and dresses;
Socks; Sport shirts; Sports caps and hats; Sweat jackets; Sweat pants; Sweaters; T-shirts;
Track jackets; Track pants; Underwear; V-neck sweaters; Waterproof jackets and pants; Wind pants; Wind resistant jackets; Women's hats and hoods; Women's underwear; Woven or knitted underwear; Yoga pants. FIRST USE: 20090112. FIRST USE
IN COMMERCE: 20120105
Mark Drawing Code
(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number
85031384
Filing Date
May 6, 2010
Filing Basis
1A
Original Filing Basis
1B
Publication for Opposition Date
October 5, 2010
Registration Number
4234415
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) M. Trade Inc. CORPORATION CALIFORNIA 8123 Amor Road Los Angeles CALIFORNIA 90046
Disclaimer Statement
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "JEANS" APART FROM THE MARK AS SHOWN
Description of Mark
Color is not claimed as a feature of the mark. The mark consists of "ENVY JEANS" in stylized letters.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Mark
ALLERGIC TO CUBICLES
Goods and Services
IC 025. US 022 039. G & S: A-shirts; Aprons; Athletic apparel, namely, shirts,
pants, jackets, footwear, hats and caps, athletic uniforms; Baby bibs not of paper; Baby bodysuits; Baby bottoms; Baby tops; Bathing costumes for women; Board shorts; Boxer shorts; Briefs; Collared shirts; Footwear for men and
women; Golf shirts; Gym shorts; Hats for infants, babies, toddlers and children; Headgear, namely, hats, headbands; Hooded sweat shirts; Ladies' underwear; Long underwear; Long-sleeved shirts; Men's underwear; Moisture-wicking sports shirts; Open-necked shirts; Polo shirts; Shirts; Shirts for infants, babies, toddlers and children; Short
trousers; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Shorts; Sliding shorts; Sweat shirts; T-shirts; Tee shirts; Thongs; Underwear, namely, boy shorts. FIRST USE: 20120101. FIRST USE IN
COMMERCE: 20120101
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85082039
Filing Date
July 11, 2010
Filing Basis
1A
Original Filing Basis
1B
Publication for Opposition Date
December 7, 2010
Registration Number
4234457
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) Abramoff, Joseph P INDIVIDUAL UNITED STATES 1226 Pleasant St. #1 Worcester MASSACHUSETTS 01602
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Mark
SPALDING
Goods and Services
IC 025. US 022 039. G & S: Bottoms; Caps; Footwear; Jackets; Shoes; Sweat pants; Sweat shirts; Sweat suits; Tops. FIRST USE: 20101018. FIRST USE IN COMMERCE: 20101018
Mark Drawing Code
(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number
85322940
Filing Date
May 17, 2011
Filing Basis
1A
Original Filing Basis
1B
Publication for Opposition Date
October 25, 2011
Registration Number
4234783
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) Russell Brands, LLC LIMITED LIABILITY COMPANY DELAWARE Legal Department One Fruit of the Loom Drive Bowling Green KENTUCKY 42103
Prior Registration(s)
2305965;3280583;3285057;AND OTHERS
Description of Mark
Color is not claimed as a feature of the mark.
Type of Mark
TRADEMARK
Register
PRINCIPAL-2(F)
Live Dead Indicator
LIVE
Mark
TRIPP APPAREL
Pseudo Mark
TRIP APPAREL
Goods and Services
IC 025. US 022 039. G & S: Beanies; Bikinis; Board shorts; Button down shirts; Crew necks; Denims; Fleece tops; Footwear; Hats; Hooded sweat shirts; Jackets; Jeans; Knit
tops; Pants; Polo shirts; Shirts; Shoes; Shorts; Socks; Sweaters; Swimwear; T-shirts; Tops.
FIRST USE: 20070318. FIRST USE IN COMMERCE: 20090519
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85513616
Filing Date
January 11, 2012
Filing Basis
1A
Original Filing Basis
1A
Publication for Opposition Date
August 14, 2012
Registration Number
4232844
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) Tripp, Jonathon INDIVIDUAL UNITED STATES 3702 Lomina Ave Long Beach CALIFORNIA 90808
Disclaimer Statement
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "APPAREL" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Mark
STUDFACTOR COMBAT GEAR
Pseudo Mark
STUD FACTOR COMBAT GEAR
Goods and Services
IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear,
hats and caps, athletic uniforms; Baseball caps and hats; Hats; Headgear, namely,
hats, caps; Shirts; Shirts and short-sleeved shirts; Short-sleeved or long-sleeved t-shirts;
Short-sleeved shirts; Sport shirts; Sports caps and hats;
Sports shirts; Sports shirts with short sleeves; T-shirts; T-shirts for men, women; Tee shirts; Wearable garments and clothing, namely, shirts. FIRST USE: 20120327.
FIRST USE IN COMMERCE: 20120327
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85581261
Filing Date
March 27, 2012
Filing Basis
1A
Original Filing Basis
1A
Supplemental Register Date
August 28, 2012
Registration Number
4235526
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) Barth, William A DBA STUDFACTOR combat gear INDIVIDUAL UNITED STATES 1902 Woodhaven Dr, Apt 1 Fort Wayne INDIANA 46819
Disclaimer Statement
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "COMBAT GEAR" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
SUPPLEMENTAL
Live Dead Indicator
LIVE
Mark
YOU ARE LOOKING AT AN OPPORTUNITY, AND YOU JUST LET ONE PASS YOU BY.
Goods and Services
IC 025. US 022 039. G & S: A-shirts; Apparel for dancers, namely, tee shirts,
sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Belts; Belts for clothing; Bermuda shorts; Board shorts; Body
shirts; Boxer shorts; Boxing shorts; Camouflage pants; Camouflage shirts; Camp shirts; Capri pants; Cargo pants; Clothing for athletic use, namely, padded pants; Clothing for athletic use, namely, padded shirts; Clothing for athletic use, namely, padded shorts; Crop pants; Cycling shorts; Denims; Fleece shorts; Golf pants, shirts and skirts; Golf shirts; Golf shorts; Gym
pants; Gym shorts; Hooded sweat shirts; Hunting pants; Hunting shirts; Jackets; Jeggings, namely, pants that are partially jeans and partially leggings; Jerseys; Jogging pants; Long-sleeved shirts; Night shirts; Open-necked shirts; Over
shirts; Pants; Petti-pants; Pique shirts; Polo shirts;
Rugby shirts; Rugby shorts; Shifts; Shirts; Shirts and short-sleeved shirts; Shirts and slips;
Shirts for infants, babies, toddlers and children; Short sets; Short trousers; Short-sleeved or long-sleeved t-shirts;
Short-sleeved shirts; Ski pants; Slacks; Sleep pants; Sleep shirts; Sleeves worn separate and apart from blouses, shirts and other tops; Sliding shorts; Snow
pants; Snowboard pants; Sport shirts; Sports pants; Sports
shirts; Sports shirts with short sleeves; Stretch pants; Sweat pants; Sweat shirts; Sweat shorts; T-shirts; Tee shirts; Toboggan
hats, pants and caps; Tops; Track pants; Turtle neck shirts; Walking shorts; Waterproof jackets and pants; Wearable garments and clothing, namely, shirts; Wind
pants; Wind shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Yoga
pants; Yoga shirts. FIRST USE: 20120326. FIRST USE IN COMMERCE: 20120326
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85581830
Filing Date
March 28, 2012
Filing Basis
1A
Original Filing Basis
1A
Publication for Opposition Date
August 14, 2012
Registration Number
4234029
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) MAGNY, JENNIFER INDIVIDUAL UNITED STATES 20 Mercier Ave Dorchester Center MASSACHUSETTS 02124
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Mark
DREAMAGIC
Pseudo Mark
DREAM MAGIC
Goods and Services
IC 025. US 022 039. G & S: Bathing suits; Beanies; Belts; Boxer briefs; Bras; Caps; Coats; Dresses; Gloves;
Hats; Headbands; Jackets; Jumpsuits; Leather coats; Leather jackets; Leather pants; Neckwear;
Panties; Pants; Pantyhose; Rompers; Scarves; Shirts; Shoes; Shorts; Skirts; Socks; Sweat pants; Sweat suits; Sweaters; Sweatshirts; T-shirts; Tops; Underwear; Vests. FIRST USE: 20021101. FIRST USE IN COMMERCE: 20021101
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85159506
Filing Date
October 22, 2010
Filing Basis
1A
Original Filing Basis
1A
Publication for Opposition Date
March 22, 2011
Registration Number
3974472
Registration Date
June 7, 2011
Owner Name and Address
(REGISTRANT) Rama Impex, Inc CORPORATION CALIFORNIA 7764 SAN FERNANDO ROAD, UNIT # 11 Sun Valley CALIFORNIA 91352
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Attorney of Record
Alex Patel
Mark
ROYAL FAMILY
Goods and Services
IC 025. US 022 039. G & S: Balloon pants; Belts for clothing; Boots; Camp shirts; Capri pants; Cargo pants; Coats of denim; Collared shirts; Denim
jackets; Denims; Down jackets; Dress pants; Dress shirts; Fishermen's jackets; Fur coats and jackets; Fur jackets;
Golf shirts; Heavy jackets; Jacket liners; Jackets; Jogging pants; Knit shirts; Leather
jackets; Leather pants; Light-reflecting jackets; Men's and women's jackets, coats, trousers, vests; Motorcycle jackets; Non-disposable cloth training
pants; Open-necked shirts; Pants; Polo shirts; Rain jackets; Shirts;
Shirts for suits; Shoes; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Ski jackets; Ski
pants; Snow pants; Snowboard jackets; Snowboard pants; Sport shirts; Sports jackets; Sports shirts; Sports shirts with short sleeves; Stuff jackets; Sweat jackets; Sweat
pants; Sweat shirts; T-shirts; Tap pants; Tee
shirts; Ties; Trousers; Turtle neck shirts; Waterproof jackets and pants; Wearable garments
and clothing, namely, shirts; Wind shirts; Wind-jackets. FIRST USE: 20120501. FIRST USE IN COMMERCE: 20120501
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85414912
Filing Date
September 4, 2011
Filing Basis
1A
Original Filing Basis
1B
Publication for Opposition Date
February 14, 2012
Registration Number
4227339
Registration Date
October 16, 2012
Owner Name and Address
(REGISTRANT) Robert Melnik INDIVIDUAL UNITED STATES 226 South Bedford Drive, #1001 Beverly Hills CALIFORNIA 90212
Prior Registration(s)
3934671
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Attorney of Record
Robert M. Melnik
Mark
FOND
Goods and Services
IC 025. US 022 039. G & S: Blazers; Blouses; Boots; Button down shirts; Coats; Denims; Dresses; Heels;
Jackets; Knit shirts; Knit tops; Pants; Pullovers; Scarves; Shirts; Shoes; Shorts; Skirts; Slippers; Sweaters; T-shirts; Tank tops.
FIRST USE: 20110915. FIRST USE IN COMMERCE: 20110915
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85276149
Filing Date
March 24, 2011
Filing Basis
1A
Original Filing Basis
1B
Publication for Opposition Date
August 9, 2011
Registration Number
4119608
Registration Date
March 27, 2012
Owner Name and Address
(REGISTRANT) Zifeng Wang INDIVIDUAL CHINA 1005 Clay Ct. #C Alhambra CALIFORNIA 91801
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Attorney of Record
Alex Patel
Mark
NUMERIC
Goods and Services
IC 025. US 022 039. G & S: After ski boots; Apparel for dancers, namely, tee shirts, sweatshirts,
pants, leggings, shorts and jackets; Apres-ski shoes; Athletic apparel, namely,
shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic footwear;
Baseball caps; Baseball caps and hats; Baseball shoes; Bathing suits; Beach footwear; Beach shoes; Belts for clothing; Belts made out of cloth; Body suits; Bomber jackets; Bottoms; Bowling shoes; Boxing shoes; Camouflage
jackets; Camp shirts; Canvas shoes; Cap visors; Caps; Caps with visors; Climbing
footwear; Clothing for athletic use, namely, padded pants; Clothing for athletic use, namely, padded shirts; Clothing for athletic use, namely, padded shorts; Clothing for wear in judo practices; Clothing for wear in wrestling games; Clothing
items, namely, adhesive pockets that may be affixed directly to the body as a decorative piece of clothing with utility; Clothing, namely, athletic sleeves; Clothing, namely, khakis; Cycling shoes;
Dance shoes; Denim jackets; Dress shirts; Dress suits; Figure skating clothing, namely, pants
and jackets; Fleece pullovers; Flight suits; Footwear; Footwear for men; Footwear for men and
women; Footwear for track and field athletics; Footwear for women; Footwear not for sports;
Footwear, namely, pumps; Footwear, namely, rubbers; Footwear, namely, work boots; Gloves as
clothing; Golf caps; Golf pants, shirts and skirts; Golf shoes; Gymnastic shoes; Handball shoes; Hat bands; Hats; Headbands for clothing; Headgear, namely, hats and caps; Heavy jackets; Hooded pullovers; Hooded sweatshirts; Hoods; Hunting shirts; Insoles for footwear; Jackets; Jeans;
Jerseys; Knit jackets; Knit shirts; Knitted caps; Leather belts; Leather hats; Leather jackets; Leather shirts. Leather shoes; Long jackets; Long sleeve pullovers; Long-sleeved
shirts; Men's and women's jackets, coats, trousers, vests; Men's suits; Motorcycle jackets;
Mufflers; Over shirts; Perspiration absorbent underwear clothing; Polo knit tops; Polo shirts;
Pullovers; Rain jackets; Rainproof jackets; Reversible jackets; Riding shoes; Rubber shoes;
Rugby shirts; Rugby shoes; Scientific and technological apparel, namely, shirts, pants, jackets, footwear, hats and
caps, uniforms; Shell jackets; Shirts; Shoe covers for use when wearing shoes; Shoes; Shoes with hook and pile fastening tapes;
Ski and snowboard shoes and parts thereof; Ski boot bags; Ski boot cases; Ski boots; Ski gloves; Ski jackets; Ski pants; Ski
suits; Ski suits for competition; Ski trousers; Skiing shoes; Sleeved or sleeveless jackets; Snow boarding suits; Snowboard jackets; Sport shirts; Sports caps and hats; Sports jackets; Sports shirts; Sports shirts with short sleeves; Suede jackets;
Sweat jackets; Sweat suits; Sweatshirts; Swim suits; Swimming caps; T-shirts; Tee
shirts; Tennis shoes; Tops; Track jackets; Track suits; Training shoes; Training suits; Travel
clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Turtleneck pullovers;
Union suits; Volleyball shoes; Warm up suits; Water repelling footwear; Waterproof footwear; Waterproof jackets and pants; Waterproof leather shoes; Wet suit gloves; Wet suits; Wind resistant jackets;
Wind-jackets; Women's shoes; Women's shoes, namely, foldable flats; Work shoes and boots; Wraps. FIRST USE: 20070812. FIRST USE IN COMMERCE: 20070812
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85469925
Filing Date
November 10, 2011
Filing Basis
1A
Original Filing Basis
1A
Publication for Opposition Date
April 24, 2012
Registration Number
4171302
Registration Date
July 10, 2012
Owner Name and Address
(REGISTRANT) RAYS AND WEST INVESTMENTS LTD. limited company (ltd.) BR.VIRGIN ISLANDS Offshore Incorporations Centre PO BOX 957 Road Town, Tortola
BR.VIRGIN ISLANDS
Description of Mark
Color is not claimed as a feature of the mark.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Mark
WHISPERING SMITH
Goods and Services
IC 025. US 022 039. G & S: Clothing, namely, shirts, tops, blouses, undershirts, pants, jeans, leggings, shorts,
skirts, dresses, suits, hoods, jackets, jerseys, coats, infant wear, socks, belts, gloves, scarves, wraps, underwear;
footwear; headwear; athletic clothing, namely, jerseys, athletic shorts, sweatpants, sweatshirts, shirts, tops, leggings,
pants; toddler clothing, namely, shirts, tops, undershirts, pants, jeans, leggings, shorts, skirts, dresses, hoods, jackets,
jerseys, coats, socks, belts, gloves, scarves, wraps, underwear, jumpers. FIRST USE: 20050101. FIRST USE IN COMMERCE:
20050101
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85294878
Filing Date
April 14, 2011
Filing Basis
1A
Original Filing Basis
1A
Publication for Opposition Date
September 6, 2011
Registration Number
4059746
Registration Date
November 22, 2011
Owner Name and Address
(REGISTRANT) Whispering Smith Company LLC LIMITED LIABILITY COMPANY NEW YORK 2nd Floor 1431 Broadway New York NEW YORK 10018
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Attorney of Record
Andrew N. Spivak
Goods and Services
IC 018. US 001 002 003 022 041. G & S: Goods of leather and imitation leather, namely, travel cases, trunks and suitcases, carry-on bags, leather
shopping bags; sports bags, garment bags, boot bags, hat bags for travel, cosmetic bags sold empty, duffel bags, clutch bags, book bags, tote bags, carryall bags, net bags for shopping, travel bags,
backpacks, handbags, carrying cases for clothing, shoes, boots, hats and accessories, namely, suitcases and gear bags; waistbags, key cases, purses, wallets, rucksacks, vanity cases sold empty,
umbrellas; equestrian equipment, namely, horse blankets, saddle pads, saddle bags and bridle bags. FIRST USE: 20090500. FIRST USE IN COMMERCE: 20090500
IC 025. US 022 039. G & S: Clothing, namely, shirts, blouses, tops, jeans, tee shirts, skirts,
sweatshirts, shorts, pants, knickers, hosiery, socks, stockings, ties, ascots, outerwear, namely, jackets, sweaters, vests,
raincoats, capes, slickers, overalls, scarves, mufflers; pajamas, hats, caps, belts, gloves; footwear, namely, shoes, sandals, boots, sport shoes; headwear, namely,
sun visors; headgear, namely, hats and caps; equestrian clothing, namely, jodhpurs, breeches, show shirts, hunt jackets, jerseys and polo style shirts. FIRST USE:
20090500. FIRST USE IN COMMERCE: 20090500
Mark Drawing Code
(2) DESIGN ONLY
Design Code
03.05.01 - Horses
24.01.02 - Shields or crests with figurative elements contained therein or superimposed thereon
Serial Number
85359318
Filing Date
June 29, 2011
Filing Basis
1A
Original Filing Basis
1A
Publication for Opposition Date
November 29, 2011
Registration Number
4098799
Registration Date
February 14, 2012
Owner Name and Address
(REGISTRANT) Big D Enterprises, LLC LIMITED LIABILITY COMPANY CALIFORNIA One Via Presea Coto de Caza CALIFORNIA 92679
Description of Mark
Color is not claimed as a feature of the mark. The mark consists of an image of the upper half of a running horse on a shield image.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Mark
BIRD & VINE
Pseudo Mark
BIRD AND VINE
Goods and Services
IC 025. US 022 039. G & S: Bathing suits; Belts; Blazers; Blouses; Brassieres; Bustiers; Camisoles; Caps; Cardigans; Coats; Dresses; Flip flops;
Footwear; Gloves; Hats; Hooded sweatshirts; Jackets; Jeans; Jogging suits; Knit tops; Leggings; Lingerie; Long-sleeved shirts;
Pajamas; Panties; Pants; Robes; Sandals; Scarves; Shirts; Shoes; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Shorts; Skirts; Sleepwear; Slips;
Socks; Stockings; Suits; Sweaters; Sweatpants; Sweatshirts; Swimsuits; Swimwear; Tank tops; Teddies; Tights; Trousers; Undershirts; Underwear; Vests; Warm up suits.
FIRST USE: 20111118. FIRST USE IN COMMERCE: 20111118
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85404552
Filing Date
August 23, 2011
Filing Basis
1A
Original Filing Basis
1B
Publication for Opposition Date
February 7, 2012
Registration Number
4231176
Registration Date
October 23, 2012
Owner Name and Address
(REGISTRANT) Kelly, Jenn INDIVIDUAL UNITED STATES 22215 Miston Drive Woodland Hills CALIFORNIA 91364
(REGISTRANT) Kelly, Stephen INDIVIDUAL UNITED STATES 22215 Miston Drive Woodland Hills CALIFORNIA 91364
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Attorney of Record
Scott W. Kelley
Mark
FORT LEWIS COLLEGE
Goods and Services
IC 025. US 022 039. G & S: apparel, namely, shirts, pants, jackets, footwear,
hats and caps, athletic uniforms; bandanas; baseball caps and hats; hat bands; bathing suits; belts; coats; fleece pullovers; sweaters; sweater vests; footwear;
loungewear; pajamas; socks; sweat pants; sweat shirts; ties; undergarments; wearable blankets
in the nature of blankets with sleeves; wristbands; children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments. FIRST USE: 20080000. FIRST USE IN
COMMERCE: 20080000
IC 041. US 100 101 107. G & S: education services in the nature of lectures, seminars, conferences, courses of instruction, workshops, symposia at
the university level; entertainment services, namely, arranging and conducting athletic and sports events and competitions, public speaking events and visual, literary and performing arts
presentations, namely, musical, sports, dance and theatrical performances; and providing facilities for sports and recreation activities and programs. FIRST USE: 19640000. FIRST USE IN COMMERCE:
19640000
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85481805
Filing Date
November 28, 2011
Filing Basis
1A
Original Filing Basis
1A
Publication for Opposition Date
August 7, 2012
Registration Number
4229025
Registration Date
October 23, 2012
Owner Name and Address
(REGISTRANT) Fort Lewis College state college COLORADO 1000 Rim Drive Durango COLORADO 81301
Prior Registration(s)
2741962
Disclaimer Statement
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "COLLEGE" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK. SERVICE MARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Attorney of Record
David A.W. Wong
Mark
S A N D K N D Y
Pseudo Mark
SANDKNDY
Goods and Services
IC 025. US 022 039. G & S: Clothing, namely, t-shirts, long sleeve t-shirts, sweatshirts, hooded sweatshirts, polo shirts, collared shirts, zipper
hooded sweatshirts, sweaters, robes, rugby shirts, blazers, dress suits, scarves, neck ties, bow ties, button down shirts, jackets, parkas, vests, tank tops, halter tops, cami tops, tube tops,
cardigans, coats, pants, khakis, capris, jerseys, sweat suits, track jackets, track pants,
dresses, skirts, bathing suits, one piece bathing suits, bikinis, board shorts, rash guards, cargo shorts, cargo pants,
mini-skirts, skirts, jeans, jeans shorts, beach cover ups, belts, wetsuits, sarongs, thongs, socks, wristbands, motorcross
pants, motocross jackets, leather jackets, volleyball shorts, panties, bras, boxer shorts, underwear, gloves, leg warmers, undergarments; Headgear, namely, hats, baseball hats, bucket hats, beanies, headbands, head sweatbands, skull caps, visors, bandanas, ear muffs; Footwear, namely, shoes, socks, flip flops, boots, motorcross boots, hiking boots, athletic shoes, wetsuit booties, heels, wedges, mary jane
shoes, sandals, pumps, slip-on shoes, and slides. FIRST USE: 20101211. FIRST USE IN COMMERCE: 20110505
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85573418
Filing Date
March 19, 2012
Filing Basis
1A
Original Filing Basis
1A
Publication for Opposition Date
August 7, 2012
Registration Number
4229963
Registration Date
October 23, 2012
Owner Name and Address
(REGISTRANT) Newberry Restaurant Properties LLC LIMITED LIABILITY COMPANY FLORIDA 2942 SW 91 TERRACE GAINESVILLE FLORIDA 32608
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Mark
LETS HAVE SOX
Goods and Services
IC 025. US 022 039. G & S: Adult novelty gag clothing item, namely, socks; Ankle socks; Anklets; Anti-perspirant socks; Footwear for men and women; Footwear for women; Infant wear; Infants'
shoes and boots; Jackets and socks; Men's dress socks; Men's socks; Non-slip socks; Slipper socks; Sock suspenders; Socks; Socks and stockings; Thermal socks; Water socks; Woollen socks. FIRST USE: 20110721. FIRST USE IN COMMERCE: 20111020
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85400967
Filing Date
August 18, 2011
Filing Basis
1A
Original Filing Basis
1B
Publication for Opposition Date
January 17, 2012
Registration Number
4235051
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) Lets Have Sox, Inc. CORPORATION CALIFORNIA Suite 205 4601 Wilshire Blvd Los Angeles CALIFORNIA 90010
Disclaimer Statement
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SOX" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Attorney of Record
Adam I. Gafni
Mark
ISLAND STYLE
Goods and Services
IC 025. US 022 039. G & S: clothing, namely, shirts, Hawaiian shirts, baseball caps, headwear, beanies, shoes, dresses, robes, socks, undergarments, bras, panties, gloves, scarves, blouses, baby bibs, pants, board shorts, regular shorts, boxing shorts, briefs, blue
jeans, t-shirts, sweaters; coats; infantwear, and children's clothing, namely, pants, hats, socks, shoes, and tops. FIRST USE: 20120519. FIRST USE IN COMMERCE: 20120519
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85510154
Filing Date
January 6, 2012
Filing Basis
1A
Original Filing Basis
1B
Supplemental Register Date
September 8, 2012
Registration Number
4235502
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) Brewster, Frederick INDIVIDUAL UNITED STATES Suite F 177 Riverside Ave Newport Beach CALIFORNIA 92663
Type of Mark
TRADEMARK
Register
SUPPLEMENTAL
Live Dead Indicator
LIVE
Mark
MARUSYA
Goods and Services
IC 025. US 022 039. G & S: Clothing, namely, aprons; babies' diapers of textile; babies' pants; bathing suits;
bathrobes; beachwear; berets; bibs not of paper; blouses; breeches for wear; camisoles; caps; clothing of imitations of leather, namely, coats, jackets, pants and
belts, all of imitation leather; clothing of leather, namely, coats, jackets, pants and belts, all of leather; coats; collars; combinations; cuffs; detachable
collars; dressing gowns; ear muffs; footwear for children; frocks; fronts for shirt; fur stoles; fur clothing, namely, coats, cloaks, jackets, stoles and hats, all
of fur; gabardine coats; gloves; hats; headwear, namely, headbands; hosiery; apparel, namely, hoods and jackets; knitwear, namely, knit tops, knit bottoms, knit dresses, knitted caps and knitted
gloves; layettes; mantillas; masquerade costumes; muffs; outerclothing, namely, coats and jackets; overalls; overcoats; parkas; pelisses; petticoats; pockets for clothing, namely, adhesive pockets
that may be affixed directly to the inside of clothing for storage and safekeeping of personal items; pullovers; raincoats; ready-made clothing, namely, tops, bottoms, dresses and jackets; ready-made
linings, namely, finished textile linings for garments; saris; sashes for wear; scarfs; shawls; shirt fronts; shirts; singlets; skirts; skull caps; socks; suits;
sweaters; undergarments, namely, teddies; tee-shirts; tights; tippets, namely, wraps; togas; trousers; undergarments; underpants;
uniforms; vests; waterproof clothing, namely, raincoats and rain boots; woolen hosiery; belts. FIRST USE: 20110930. FIRST USE IN COMMERCE: 20111031
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85426396
Filing Date
September 19, 2011
Filing Basis
1A
Original Filing Basis
1B
Publication for Opposition Date
February 28, 2012
Registration Number
4235118
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) Marina Evgenievna Ilchenko INDIVIDUAL RUSSIAN FED. 13 Novinskii blvd., Str.6, Apt. 38 Moscow RUSSIAN FED. 121099
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Attorney of Record
Olga Zalomiy
Mark
GUY COZY
Goods and Services
IC 025. US 022 039. G & S: Clothing, namely, jackets, dresses, skirts, shorts, pants, shirts, tee shirts, caps,
hooded sweatshirts, jeans, sweaters, tank tops, sweatpants, pullovers, blouses, camisoles, hats, mini skirts, jerseys, headwear,
coats, tights, undershirts, sweatshirts, panties, socks, underwear, sleepwear, and polo shirts. FIRST USE: 20120222. FIRST USE IN COMMERCE: 20120222
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85567620
Filing Date
March 13, 2012
Filing Basis
1A
Original Filing Basis
1A
Publication for Opposition Date
August 14, 2012
Registration Number
4233519
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) Guy Cozy Apparel, LLC LIMITED LIABILITY COMPANY DELAWARE 638 Lindero Canyon Rd. 288 Oak Park CALIFORNIA 91377
Type of Mark
TRADEMARK
Register
PRINCIPAL
Other Data
The name "Guy Cozy" does not identify a living individual.
Live Dead Indicator
LIVE
Mark
KEVIN CHERRY
Goods and Services
IC 025. US 022 039. G & S: Athletic footwear; Baseball caps and hats; Belts; Bottoms; Footwear; Gloves; Hats; Jackets; Jerseys; Men's and women's jackets, coats, trousers, vests; Men's suits; Men's suits, women's suits;
Pants; Scarfs; Shirts; Shorts; Skirts and dresses; Socks; Sweat shirts; T-shirts; Ties; Tops; Underwear; Wearable garments and
clothing, namely, shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Women's underwear. FIRST USE: 20120315. FIRST USE IN COMMERCE: 20120315
Standard Characters Claimed
STANDARD CHARACTERS CLAIMED
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85580598
Filing Date
March 27, 2012
Filing Basis
1A
Original Filing Basis
1A
Publication for Opposition Date
August 14, 2012
Registration Number
4233950
Registration Date
October 30, 2012
Owner Name and Address
(REGISTRANT) Kevin Cherry INDIVIDUAL UNITED STATES 234 Fifth Avenue, 4th Fl c/o Vanel Firm New York NEW YORK 10001
Type of Mark
TRADEMARK
Register
PRINCIPAL
Other Data
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Kevin Cherry, whose consent(s) to register is made of record.
Live Dead Indicator
LIVE
Attorney of Record
K. Clyde Vanel, Esq.