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`In The United Stateg;Paterrgt§Ar"i;gl?;TEi3§drémark Office
`
`Before the Trademark Tri'al"an' "Appea/LB_oa1:
`02 SE? 30 PH 9= lab
`lllllllIllllllllllllllllllllllllllllllllllllllllll
`
`09-20-2002
`U.S.Patent&TMOfcITM Mail F1cptDt#10
`
`Trademark Attorney:
`C. Skye Young
`Trademark Law Office: 108
`
`_
`
`)
`)
`)
`)
`)
`)
`
`)
`_)
`
`In re Application Of
`
`Application Serial No:
`
`76/106,266
`
`Filed:
`
`For:
`
`’
`
`August 8, 2000
`
`CAMO-TEK
`
`BOX TTAB/NO FEE
`
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive, South Tower
`Arlington, VA 22202-3513
`
`BRIEF FOR APPLICANT
`
`INTRODUCTION
`
`Pursuant to a Notice of Appeal filed with the trademark Trial and Appeal Board
`
`on July 15, 2002, the Applicant hereby appeals from the Examining Attorney’s final
`
`refusal to register the above-identified mark, dated January 15, 2002, and respectfully
`
`requests the Trademark Trial and Appeal Board reverse the decision on the grounds that
`
`the Applicant’s mark does not create a likelihood of confusion with the mark cited by the
`
`Examining Attorney.
`
`STATEMENT OF FACTS
`
`Applicant seeks registration on the Principal Register of its mark, CAMO-TEK,
`
`for “waterproof general utility bag for hunting” in International Class 22. The trademark
`
`

`
`
`
`I)
`
`application was filed on August 9, 2000 and received U.S. Trademark Application Serial
`
`No. 76/106,266.
`
`The Examining Attorney refused registration of Appellant’s mark CAMO-TEK in
`
`an Office Action dated February 20, 2001, contending that the mark, when used on or in
`
`connection with the recited goods, is likely to be confused with U.S. Registration No.
`
`2,049,498, for the mark TEK for brief cases, pocketbooks, handbags, purses and
`
`luggage, namely, traveling bags, tote bags, can'y—on bags, garment bags, overnight bags,
`
`and shoulder bags.
`
`In the Applicant’s response to the initial refusal to register, filed on August 20,
`
`2001, the Applicant argued that there was no likelihood of consumer confusion. In
`
`beginning the analysis that led to this conclusion, Applicant first evaluated the strength
`
`of the TEK trademark. Based upon the finding of 681 marks identified in the USPTO
`
`Trademark database using TEK as a non-punctuated word mark, including but not
`
`limited to TRIP-TEK for travel accessories, namely, luggage, travel bags _and backpacks,
`
`Registration No. 1,946,888 and SHER-TEK for a number of items, including bags for
`
`carrying sporting equipment, Registration No. 2,015,930, Applicant found TEK to be a
`
`weak mark. Applicant also identified 3,701 records in the USPTO Trademark database
`
`using the non-punctuated term TECH. Because of the common usage of the terms TEK
`
`and TECH, Applicant argued that in the mind of consumers, greater attention is paid to
`
`other portions of these marks to determine source of origin. In addition, the Applicant
`
`

`
`
`
`argued that it is using the term CAMO-TEK as a singular term, requesting that
`
`App1icant’s entire mark be considered. Applicant amended its application to clarify that
`
`Applicant’s products are sold to the hunting and gaming (fishing, etc.) Market. As a
`
`“waterproof general utility bag for hunting,” App1icant’s product is used in a very
`
`specific avenue of trade, namely sporting goods stores or sporting goods departments.
`
`Accordingly, there is no likelihood of confusion with bags made for another purpose.
`
`The Examining Attorney further expounded his position in a Final Office Action,
`
`dated January 15, 2002, maintaining TEK was not a weak mark and that in the
`
`registration TRIP-TEK, “TRIP” was an arbitrary term for travel accessories, namely,
`
`luggage, travel bags and backpacks. Conversely, the Examiner found that in CAMO-
`
`TEK, “CAMO” was highly descriptive. The Examiner further found that the Applicant’s
`
`hunting bags and Registrant’s “briefcases, pocketbooks, handbags, purses and luggage,
`
`namely traveling bags, tote bags, carry-on bags, garment bags, overnight bags and
`
`shoulder bags” were related and likely to be perceived as coming from one single source.
`
`The Examiner held that Registrant’s goods travel in the same channels of trade and are
`
`purchased by the same purchasers.
`
`In response thereto, Applicant filed it’s Notice of Appeal on July 15, 2002.
`
`

`
`
`
`ARGUMENT
`
`I.
`
`THE OVERALL COMMERCIAL IMPRESSION OF THE APPLICANT’S
`
`AND REGISTRANT’S MARKS MUST BE DETERMINED IN
`
`RELATIONSHIP TO THE NAMED GOODS.
`
`Applicant respectfully traverses the refiisal to :register under Section 2(d) of the
`
`Lanham Act., 15 U.S.C. § lO52(d), in view of the following factors. Applicant believes
`
`that by viewing the overall commercial impression of the mark CAMO-TEK in
`
`relationship to the named goods, there will not be a l:ikelihood of confusion between the
`
`marks. In testing for likelihood of confusion, the similarity or dissimilarity of the marks
`
`with regard to appearance, sound, connotation and commercial impression are important
`
`considerations. Application ofE. I. DuPont DeNemours & Co., 476 F.2d 1357, 177
`
`U.S.P.Q. (BNA) 563 (C.C.P.A. 1973). The Applicant believes that by taking into
`
`account all the relevant factors in comparing the Applicant’s mark to the above cited
`
`mark, including the different commercial impression when the mark is used on hunting
`
`bags as opposed to briefcases, pocketbooks, handbags, purses and luggage will result in a
`
`finding that a likelihood of C01’lfl.lSi0I1 does not exist.
`
`The meaning or connotation of a mark must be determined in relationship to the
`
`named goods. Even marks which are identical in sound and/or appearance may create
`
`sufficiently different commercial impressions when applied to the respective parties’
`
`goods so that there is no likelihood of confusion. See, e. g., In re Sears, Roebuck and
`
`Co., 2 U.S.P.Q.2d (BNA) 1312, 1987 WL 123813 (Trademark Trial & App. Bd.
`
`

`
`
`
`1987)(CROSS-OVER for bras held not likely to be c:onfused with CROSSOVER for
`
`ladies’ sportswear). The Applicant’s trademark CAMO-TEK when applied to the
`
`Applicant’s goods, namely, “waterproof general utility bag for hunting,” provides a
`
`certain meaning or connotation of the mark. It is accepted that CAMO suggests the term
`
`“camouflage” which is to hide or conceal. Accordingly, CAMO is most closely
`
`associated with outdoor activities and specifically hunting or concealing a person or a
`
`thing. Accordingly, CAMO-TEK gives one the idea of some type of technology based
`
`hunting or sporting item. Conversely, the Registrant’s mark TEK provides no such
`
`suggestion and does not include any term even similar to the CAMO portion of the
`
`CAMO-TEK mark. In addition, Registrant’s goods do not appear to have anything to do
`
`with hunting or outdoor sports as the description includes only “briefcases, pocketbooks,
`
`handbags, purses and luggage, namely, traveling bags, tote bags, carry-on bags, garment
`
`bags, overnight bags, and shoulder bags.”
`
`Thus, the commercial impression of CAMO-TEK in relation to a “waterproof
`
`general utility bag for hunting” provides the suggestion of a hunting or outdoor item with
`
`an aspect of concealment. Conversely, the mark “TEK” when applied to Registrant’s
`
`goods provides no such commercial impression. For this reason, it is believed that
`
`purchasers viewing the Applicant’s CAMO-TEK mark with the Registrant’s TEK mark
`
`on their respective products would View the marks differently and would not be likely to
`
`be confused.
`
`

`
`
`
`II.
`
`APPLICANT’S GOODS AND REGISTRANT’S GOODS ARE SOLD IN
`
`SEPARATE CHANNELS OF TRADE.
`
`The second factor in determining likelihood of confusion is a comparison of the
`
`goods in order to determine if they are related or if the activities surrounding the
`
`marketing is such that confusion as to origin is likely.. Smith Bros. Mfg. Co. 12. Stone
`
`Mfg. Co., 476 F.2d 1004, 177 U.S.P.Q. (BNA) 462 (C.C.P.A. 1973). Applicant believes
`
`that it’s goods, namely, “waterproof general utility ba.g for hunting” are not related to
`
`Registrant’s goods, “briefcases, pocketbooks, handbags, purses and luggage, namely,
`
`traveling bags, tote bags, carry-on bags, garment bags, overnight bags, and shoulder
`
`bags.”
`
`While it is certainly admitted that Applicant’s product is a bag and that
`
`Registrant’s products include luggage, namely, “traveling bags, tote bags, carry-on bags,
`
`garment bags, overnight bags, and shoulder bags,” these products are not related for the
`
`purposes of determining likelihood of consumer confusion.
`
`The Examining Attorney has submitted Web sites from various on-line stores that
`
`market a variety of bags, which he asserts includes traveling bags as well as hunting bags
`
`which come from the same source. However, while some companies that make or sell
`
`bags are obviously going to make various types of bags and various on-line companies
`
`may sell a variety of products including travel bags as well as hunting gear, it cannot be
`
`said that just because several companies might sell a variety of items from the same Web
`
`

`
`
`
`site that they are related, only that such items might be sold through very specific on-line
`
`companies.
`
`When applied to a setting such as a store, Applicant’s products will either be sold
`
`in sporting good stores or in the sporting goods departments of larger stores. These
`
`channels would be separate and distinct from places where one would purchase
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`briefcases, pocketbooks, handbags, purses or even luggage such as travel bags, tote bags,
`
`carry-on bags, garment bags, overnight bags and shoulder bags. The latter being what
`
`one might consider a more standard line of luggage or purses with the Applicant’s mark
`
`being directed specifically toward the sporting or hunting market.
`
`Accordingly, it is believed that the products would be sold or marketed through
`
`different departments or in different establishments entirely, and therefore there would be
`
`no likelihood of confusion between the marks.
`
`III. APPLICANT’S AND REGISTRANT’S MARKS ARE WEAK AND
`
`ENTITLED TO A NARROW SCOPE OF PROTECTION
`
`Attached hereto are copies from the United States Patent and Trademark Database
`
`regarding searches for trademarks that use the term “tek” or “tech” for items including
`
`items including various types of bags. The search has included the term “tech” since that
`
`term is considered to be the sound and written equivalent to the similar term “tek.” In the
`
`Webster’s Encyclopedic Unabridged Dictionary of the English Language, copyright
`
`1966, the term “tech” is shown as having the phonetic pronunciation “tek.” In addition,
`
`7
`
`

`
`
`
`the word “tekkie” is defined as informal for “techie.” The existence of these marks that
`
`use the terms “tek” and “tech,” supports the Applicant’s argument that TEK is a weak
`
`mark entitled to a limited scope of protection as it relates to other marks which might use
`
`the same formative for items that include various types of bags. In addition, these
`
`registrations also indicate that numerous TEK derivatives can exist on the Principal
`
`Register for items that include various types of bags without causing likelihood of
`
`confusion with each other.
`
`The marks of particular note (attached hereto as Exhibit A) are as follows:
`
`1.
`
`TRIP-TEK, Reg. No., 1,946,888, for travel accessories, namely luggage,
`
`travel bags and backpacks, registered on January 9, 1996.
`
`2.
`
`SHER-TEK, Reg. No. 2,015,930, for a variety of sports equipment
`
`including bags for carrying sporting equipment, registered on November
`
`12, 1996.
`
`3.
`
`TECH DECK, Reg. No. 2,541,005, for luggage, carry bags, backpacks,
`
`knapsacks and all-purpose sports bags, registered on February 19, 2002.
`
`4.
`
`HAND TEK 2000, Reg. No. 2,152,291, for luggage with removable
`
`telescopic handle assembly, registered April 21, 1998.
`
`5.
`
`SAGE TECH, Reg. No. 2,103,930, for luggage and carrying bags,
`
`registered October 7, 1997
`
`

`
`
`
`TECH ORGANIZER, Reg. No. 1,976,001, for luggage, carry-on bags,
`
`overnight bags, traveling bags, and tote: bags, registered May 28, 1996.
`
`TECH IV, Reg. No. 1,469,063, for luggage, attache cases, and tote bags,
`
`registered December 15, 1987.
`
`SOFT-TECH, Reg. No. 1,267,963, for luggage, registered February 21,
`
`1984.
`
`TUMI TECH, Serial No. 76/220,925, for purses, women handbags,
`
`clutches, shoulder bags, toiletry cases sold empty, make-up bags sold
`
`empty, leather shopping bags, suitcases, carry on luggage, travel kits sold
`
`empty, back packs, book bags, waist packs, key cases, pocket wallets,
`
`school bags, all purpose sports bags, tote bags, attache cases, briefcase-type
`
`portfolios and briefcases, filed as an intent-to-use application on March 7,
`
`2001 and published for opposition on September 4, 2001.
`
`10.
`
`T-TECH, Serial No. 76/205,532, for purses, women handbags, clutches,
`
`shoulder bags, toiletry cases sold empty, make-up bags sold empty, leather
`
`shopping bags, suitcases, carry on luggage, travel kits sold empty, back
`
`packs, book bags, waist packs, key cases, pocket wallets, school bags, all
`
`purpose sports bags, tote bags, attache cases, briefcase-type portfolios and
`
`briefcases, filed as an intent-to-use application on February 6, 2001 and
`
`published for opposition on August 14, 2001.
`
`

`
`
`
`Due to the extensive use by third parties of “tek'.” and “tech,” it appears clear that
`
`in connection with various bags that a mark using the “tek” or “tech” terms is extremely
`
`weak in that context and therefore any mark using the “tek” term should be provided a
`
`narrow scope of protection as it relates to other “tek” terms. TMEP Rule
`
`1207.01(c)iv)(third party registrations can be used to show that a mark is suggestive or
`
`descriptive of certain goods and hence entitled to a narrow scope of protection). H.
`
`Lubovsky, Inc. v. Esprit De Corp., 627 F. Supp. 483, 228 U.S.P.Q. (BNA) 814 (S.D.
`
`N.Y. 1986).
`
`In the last office action by the Examiner, the existence of the TRIP-TEK and
`
`SHER-TEK trademarks are distinguished from the Applicant’s mark with the Examiner
`
`stating that “both of the cited marks are distinguishable for their containment of the
`
`common term “TEK” combined with arbitrary terms. Both marks are distinguishable
`
`from the case at hand for the applicant’s mark is merely the cited Registrant’s mark
`
`“TEK” with a highly descriptive word attached to it (the word “CAMO”). The
`
`undersigned respectfully disagrees with the Examiner and asserts that the term “TRIP”
`
`for luggage is no less descriptive than “CAMO” for hunting bags. In addition, some of
`
`the other cited marks include SOFT TECH for luggage and HAND TEK for luggage
`
`with removable telescopic handle assembly. These marks suggest a characteristic of the
`
`products to which they relate, yet are distinguishable from the cited TEK registration.
`
`The undersigned asserts that the mark taken as a whole “CAMO—TEK” can exist
`
`10
`
`

`
`
`
`on the Principal Register, as with all of these other marks without causing a likelihood of
`
`confusion. To the extent that “CAMO” suggests the term camouflage, it further helps to
`
`distinguish the mark as discussed above due to the hunting, outdoors connotation. In
`
`addition, “CAMO” is part of the overall mark and is no mare descriptive of a
`
`“waterproof general utility bag for hunting” than the mark SOFT TECH is for luggage,
`
`or HAND TECH is for luggage with a removable telescopic handle assembly, or TRIP
`
`TECH is for luggage that you take on trips.
`
`In summary, there is a different commercial impression between the Applicant’s
`
`mark and the cited registration in that CAMO-TEK suggests an outdoor and/or hidden
`
`usage and the product line is a “waterproof general utility bag for hunting,” whereas the
`
`Registrant’s mark contains no such suggestion and, in fact, may be considered to be a
`
`standard line of purses and luggage with no distinguishing claim. Based upon the
`
`weaknesses of the marks, they are entitled to only narrow protection and, as has been
`
`indicated, since numerous marks exist on the Principal Register for various types of bag
`
`products, all of which use the word “tek” or “tech,” they appear to be able to coexist
`
`without any likelihood of consumer confusion. Accordingly, it is requested that a
`
`finding of no likelihood of confusion be found between Applicant’s CAMO-TEK
`
`trademark and the cited trademark.
`
`ll
`
`

`
`
`
`DESCRIPTION OF GOODS
`
`The present description of goods is objected to by the Examiner. While the
`
`undersigned is more than willing to accept the Examiner’s proposed description from an
`
`approved list, namely, “sportsman’s hunting bags,” it is asserted that the present
`
`description, namely, “waterproof general utility bag for hunting” is, if anything, more
`
`specific than the suggested definition and therefore should be accepted.
`
`IV.
`
`CURRENT APPLICATION IS FOR A FAMILY OF MARKS.
`
`Applicant, Gates-Mills, Inc., provides sporting and outdoor clothing and
`
`accessories including those described in the subject application. In addition, Applicant
`
`sells gloves and is the owner of Reg. No. 2,534,492 for the mark CAMO-TEK for gloves
`
`(attached hereto as Exhibit B). Accordingly, the subject mark will be in addition to the
`
`family of CAMO-TEK marks which Applicant is developing including the one indicated
`
`by the federal registration. Furthermore, inasmuch as Applicant’s hunting gloves and it’s
`
`waterproof general utility bag for hunting are marketed. through the same channels of
`
`trade, the likelihood is that a consumer would recognize the CAMO-TEK mark and
`
`attribute it to the proper source, namely, Gates—Mills, Inc.
`
`12
`
`

`
`
`
`CONCLUSION
`
`For the reasons set forth above, Applicant respectfully requests a finding of no
`
`likelihood of confusion, mistake or deception between Applicant’s mark and prior cited
`
`registration exists. Accordingly, it is believed that Applicant’s mark is entitled to
`
`registration.
`
`The Board is therefore respectfully requested to reverse the Examiner’s decision
`
`and allow registration of the Applicant’s mark.
`
`Respectfully submitted,
`
`
`
`
`
`Albert L. Scheiser
`
`Attorney for Applicant
`Schmeiser, Olsen & Watts LLP
`
`18 E. University Dr., Ste. 101
`Mesa, Arizona 85201
`
`(480) 655-0073
`
`13
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`

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`
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`g TESS - Document Display
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`http://tess.uspto.gov/bin/showfield‘?f=doc&state= 1 rpkoc.7 .6
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`
`
`TESS was last updated on Sat Sep 14 04:10:48 EDT 2002
`
`
`
`mam 5mm” was Few
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`a "3 (1"A RR contazns current status, correspondemre address and attorney of recordfor thzs
`mark. Use the "Back" button ofthe Internet Browser to return to TESS)
`
`Typed Drawing
`
`Word Mark
`
`TRIP-TEK
`
`Goods and Services
`
`IC 018. US 001 002 003 022 041. G & S: travel accessories, namely
`luggage, travel bags and backpacks. FIRST USE: 19950127. FIRST USE
`IN COMMERCE: 19950127
`
`Mark Drawing Code
`Serial Number
`
`(1) TYPED DRAWING
`74632851
`
`Filing Date
`
`February 10, 1995
`
`Published for Opposition October 17, 1995
`
`Registration Number
`
`1946888
`
`Registration Date
`Owner
`
`January 9, 1996
`(REGISTRANT) Closs Co., Inc. CORPORATION FLORIDA 4 Main St.
`#201 Los Altos CALIFORNIA 94022
`
`Assignment Recorded
`
`ASSIGNMENT RECORDED
`
`Type of Mark
`
`TRADEMARK
`
`Register
`Live/Dead Indicator
`
`PRINCIPAL
`LIVE
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`“WW *~‘*mU<-‘W9 Fm-tars mm
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`Exhibit A
`
`9/16/02 9:55 AM
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`

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`TESS - Document Display
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`http2//tess.uspto.gov/bin/showfield?f=doc&state=1rpkoc. 18.2
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`Record 2 out of 3
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`Ch (TA RR contains current status, correspomlence address and attorney of recordfor this
`mark. Use the ”B(!ck" button ofthe Internet Browser to return to TESS)
`
`Typed Drawing
`
`iWord Mark
`Goods and Services
`
`SHER-TEK
`
`IC 028. US 022 023 038 050. G & S: sports equipment; namely, helmets,
`shoulder pads, elbow pads, shin pads, athletic support, hockey gloves,
`hockey pants, hockey sweaters, hockey socks, ice skates, bags for carrying
`sport equipment, street hockey sticks, ice hockey sticks with replacement
`blade, handles for hockey sticks, replacement blades for hockey sticks, goal
`tender hockey sticks, goal tender pads, blockers, goal tender gloves, goal
`tender masks, goal tender protective vests. FIRST USE: 19931100. FIRST
`USE IN COMMERCE: 19941100
`
`Mark Drawing Code
`Serial Number
`
`(1) TYPED DRAWING
`74322186
`
`Filing Date
`Filed ITU
`
`Published for
`
`Opposition
`
`October 14, 1992
`FILED AS ITU
`
`February 16, 1993
`
`Registration Number
`
`2015930
`
`Registration Date
`Owner
`
`November 12, 1996
`
`(REGISTRANT) SHERWOOD—DROLET CORPORATION LTD.
`CORPORATION CANADA 2745 Sherwood Blvd. Sherbrooke, province of
`Quebec CANADA J 1K 1E1
`
`Attorney of Record
`
`Type of Mark
`
`Register
`Live/Dead Indicator
`,.............._.._....._....................._»_....._..._..,..._..._.._.._
`
`Marvin Petry
`TRADEMARK
`
`PRINCIPAL
`
`LIVE
`
`TESS Hams WW Smwm FREE Pow
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`1of2
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`9/16/02 10:11 AM
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`_ TESS - Document Display
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`http://tess.uspto.gov/bin/showfield?f=doc&state=lrpkoc. 12. 10
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`A Record 10 out of 47
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`mark. Use the "Back " button ofthe Internet Browser to return to TESS)
`
`.
`
`.
`
`Typed Drawing
`
`Word Mark
`
`TECH DECK
`
`Goods and Services
`
`IC 018. US 001 002 003 022 041. G & S: LUGGAGE, CARRY BAGS,
`BACKPACKS, KNAPSACKS AND ALL-PURPOSE SPORTS BAGS.
`FIRST USE: 20010300. FIRST USE IN COMMERCE: 20010300
`
`Mark Drawing Code
`Serial Number
`
`(1) TYPED DRAWING
`75677546
`
`Filing Date
`Filed ITU
`
`April 8, 1999
`FILED AS ITU
`
`Published for Opposition November 30, 1999
`
`Registration Number
`
`2541005
`
`Registration Date
`
`February 19, 2002
`
`Owner
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`(REGISTRANT) X-CONCEPTS, LLC LIMITED LIABILITY COMPANY
`CALIFORNIA 1238-A Simpson Way Escondido CALIFORNIA 92029
`
`Attorney of Record
`
`RICHARD C. KIM
`
`Type of Mark
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`TRADEMARK
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`Goods and Services
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`HAND TECH 2000
`IC 018. US 001 002 003 022 041. G & S: luggage with removeable
`telescopic handle assembly. FIRST USE: 19960823. FIRST USE IN
`COMMERCE: 19970313
`
`Mark Drawing Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Design Search Code
`Serial Number
`
`011101
`75266855
`
`Filing Date
`
`March 31, 1997
`
`Published for Opposition January 27, 1998
`
`Registration Number
`
`2152291
`
`Registration Date
`Owner
`
`April 21, 1998
`(REGISTRANT) Les Entreprises National Dionite Inc. CORPORATION
`CANADA 5415 Cote de Liesse Ville St. Laurent, Quebec CANADA
`H4P-1A3
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`Type of Mark
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`TRADEMARK
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`PRINCIPAL
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`http://tess.uspto.gov/bin/showfield?f=doc&state=1rpkoc. 12.29
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`SAGE TECH
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`Goods and Services
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`IC 018. US 001 002 003 022 041. G & S: luggage and carrying bags. FIRST
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`
`IC 025. US 022 039. G & S: clothing, namely, shirts, hats and outerwear,
`namely, jackets and vests. FIRST USE: 19951107. FIRST USE IN
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`
`Mark Drawing Code
`Serial Number
`
`(1) TYPED DRAWING
`74707012
`
`Filing Date
`Filed ITU
`
`July 27, 1995
`FILED AS ITU
`
`Published for Opposition February 18, 1997
`210393 0
`
`Registration Number
`
`Registration Date
`Owner
`
`October 7, 1997
`
`(REGISTRANT) Sage Manufacturing Corporation CORPORATION
`WASHINGTON 8500 Northeast Day Road Bainbridge Island
`WASHINGTON 98110
`
`Attorney of Record
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`Prior Registrations
`ark
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`Type of M
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`JAMES R UHLIR
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`1l98892;l687936
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`http://tess.uspto.gov/bin/showfield?f=doc&state=1rpkoc. 12.31
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`TESS was last updated on Sat Sep 14 04:10:48 EDT 2002
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`Typed Drawing
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`Word Mark
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`TECH ORGANIZER
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`Goods and Services
`
`IC 018. US 001 002 003 022 041. G & S: luggage, carry-on bags, overnight
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`COMMERCE: 19930616
`
`1c 009. US 021 023 026 O36 038. G & s: computer carrying bags. FIRST
`USE: 19930616. FIRST USE IN COMMERCE: 19930616
`
`Mark Drawing Code
`Serial Number
`
`(1) TYPED DRAWING
`74606547
`
`Filing Date
`
`December 2, 1994
`
`Published for Opposition March 5, 1996
`1976001
`
`Registration Number
`
`Registration Date
`Owner
`
`Attorney of Record
`Disclaimer
`
`May 28, 1996
`
`(REGISTRANT) H.I.T. INDUSTRIES, LTD. CORPORATION NEW
`JERSEY 86 Executive Avenue Edison NEW JERSEY 08817
`
`LEZRA SUTTON
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE
`"ORGANIZER" APART FROM THE MARK AS SHOWN
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`Type of Mark
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`Register
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`PRINCIPAL
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`LIVE
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`PTU Hams: Taxman-men
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`http://tess.uspto.gov/bin/showfield?f=doc&state=lrpkoc. 12.39
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`TESS - Document Display
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`TESS was last updated on Sat Sep 1 4 04:10:48 EDT 2002
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`Typed Drawing
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`Word Mark
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`TECH IV
`
`Goods and Services
`
`IC 018. US 003. G & S: LUGGAGE, ATTACHE CASES, AND TOTE
`BAGS. FIRST USE: 19851000. FIRST USE IN COMMERCE: 19851000
`
`Mark Drawing Code
`Serial Number
`
`(1) TYPED DRAWING
`73661391
`
`Filing Date
`
`May 18, 1987
`
`Published for Opposition September 22, 1987
`1469063
`
`Registration Number
`
`Registration Date
`Owner
`
`December 15, 1987
`
`(REGISTRANT) YORK LUGGAGE CORPORATION CORPORATION
`NEW JERSEY P.O. BOX 38 LAMBERTVILLE NEW JERSEY 08530
`
`(LAST LISTED OWNER) YORK PARTNERS, L.P. COMPOSED OF
`YORK MANAGEMENT CORPORATION, A NJ CORPORATION
`LIMITED PARTNERSHIP ASSIGNEE OF DELAWARE
`
`Assignment Recorded
`
`Attorney of Record
`
`ASSIGNMENT RECORDED
`
`RONALD E. SHAPIRO
`
`Type of Mark
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`Register
`Affidavit Text
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`Live/Dead Indicator
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`TRADEMARK
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`PRINCIPAL
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`SECT 15. SECT 8 (6-YR).
`LIVE
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`CTURR LIE?‘
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`http://tess.uspto.gov/bin/showfield?f=doc&state=1rpkoc. 12.45
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`Out Of
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`SOFT-TECH
`
`Goods and Services
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`IC 018. US 003. G & S: Luggage. FIRST USE: 19820400. FIRST USE IN
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`
`Mark Drawing Code
`Serial Number
`
`(1) TYPED DRAWING
`73401263
`
`Filing Date
`
`November 1, 1982
`
`Published for Opposition November 29, 1983
`
`Registration Number
`
`1267963
`
`Registration Date
`
`February 21, 1984
`
`Owner
`
`(REGISTRANT) American Tourister, Inc. CORPORATION INDIANA 91
`Main St. Warren RHODE ISLAND 02885
`
`Assignment Recorded
`
`ASSIGNMENT RECORDED
`
`Attorney of Record
`
`STEVE M. MCLARY
`
`Type of Mark
`
`Register
`
`TRADEMARK
`
`PRINCIPAL
`
`Affidavit Text
`Live/Dead Indicator
`
`SECT 15. SECT 8 (6-YR).
`LIVE
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`TESS - Document Display
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`http://tess.uspto.gov/bin/showfield?f=doc&state=lrpkoc. 13.5
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`
`
`TESS was last updated on Sat Sep 14 04:10:48 EDT 2002
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`Word Mark
`
`TUMI TECH
`
`Goods and Services
`
`IC 018. US 001 002 003 022 041. G & S: Purses, women handbags,
`clutches, shoulder bags, toiletry cases sold empty, make—up bags sold
`empty, leather shopping bags, suitcases, carry on luggage, travel kits sold
`empty, back packs, book bags, waist packs, key cases, pocket wallets,
`school bags, all purpose sports bags, tote bags, attache cases, briefcase-type
`portfolios and briefcases
`
`Mark Drawing Code
`Serial Number
`
`(1) TYPED DRAWING
`76220925
`
`Filing Date
`Filed ITU
`
`March 7, 2001
`FILED AS ITU
`
`Published for Opposition September 4, 2001
`
`Owner
`
`(APPLICANT) Tumi, Inc. CORPORATION NEW JERSEY 1001 Durham
`Avenue South Plainfield NEW JERSEY 07080
`
`Attorney of Record
`
`MARK D. GODLER
`
`Type of Mark
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`TRADEMARK
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`PRINCIPAL
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`TESS — Document Display
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`http://tess.uspto.gov/bin/showfield?f=doc&state=1rpkoc. 13.6
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`TESS was last updated on Sat Sep 14 04:10:48 EDT 2002
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`T-TECH
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`Goods and Services
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`IC 018. US 001 002 003 022 041. G & S: Purses, women handbags,
`clutches, shoulder bags, toiletry cases sold empty, make-up bags sold
`empty, leather shopping bags, suitcases, carry on luggage, travel kits sold
`empty, shoulder bags, back packs, book bags, waist packs, key cases, pocket
`wallets, school bags, all purpose sports bags, tote bags, attache cases,
`briefcase-type portfolios and briefcases
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`Mark Drawing Code
`Serial Number
`
`(1) TYPED DRAWING
`76205532
`
`Filing Date
`Filed ITU
`
`February 6, 2001
`FILED AS ITU
`
`Publish

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