IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`NOTICE OF OPPOSITION
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`In the Matter of the Application Serial No. 76-250034
`Published in the Ofiicial Gazette of May 14, 2002
`Mark: LOCKHEED (Design)
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`________________________________________________________________________-
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`:
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`; -
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`LOCKHEED MARTIN CORPORATION
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`Opposer,
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`V.
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`LOCKHEED WINDOW CORP.
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`APP“°a“"
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`IIlllllIllllIlllllllllllllllllllllllllllllllllllll
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`____________________________________________________________________"
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`oa-2o-2oo2
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`Assistant Commissioner for Trademarks
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`“'9' "“'""‘ ""'°’°’"" """ "°"‘ °‘" m
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`Box TTAB/FEE
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`2900 Crystal Drive
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`Arlington, VA 22202-3513
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`Opposer, LOCKHEED MARTIN CORPORATION, a Maryland corporation having a
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`principal place of business at 6801 Rockledge Drive, Bethesda, MD 20817, believes that it will
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`be damaged by registration of the trademark LOCKHEED (and design) in Classes 006, 019 and
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`037, as shown in Application Serial No. 76-250034, for the goods and services set forth therein,
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`and hereby opposes the same. The Opposer has filed requests for extension of time to oppose the
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`within Application, which requests have totaled ninety (90) days from the original date for filing
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`of a Notice of Opposition; this Notice of Opposition is filed within the time requested.
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`As grounds for the Opposition, Opposer, through its counsel, alleges that:
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`

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`1.
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`Opposer Lockheed Martin Corporation, itself and through its predecessors in
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`interest, has for many years been engaged in the manufacture and sale of a wide variety of goods,
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`including metallic and non—metallic goods, and has for many years provided a wide range of
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`technical and installation services, to governmental agencies, educational and scientific
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`enterprises, and commercial entities.
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`2.
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`In or about 1926, Opposer's predecessor in interest, Lockheed Aircraft Company,
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`adopted and began to use the LOCKHEED trademark and service mark in commerce in
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`connection with aircraft, aircraft parts (including windows), and aviation services.
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`3.
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`Op_poser’s predecessor in interest merged with Martin Marietta Corporation in
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`1995. Today, Opposer is a global enterprise that includes substantial operations throughout the
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`United States. While Opposer’s corporate name has been changed to “Lockheed Martin
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`Corporation,” it continues to be identified universally as LOCKHEED by the public, the media,
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`company employees, suppliers, vendors, sub-contractors, customers, and Members of Congress.
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`4.
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`The mark LOCKHEED has been used continuously and widely since about 1926
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`to identify products and services of Opposer and its predecessors in interest, and to distinguish
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`them from the products and services of others. Beginning long prior to the date of the
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`application here opposed or the date of first use of the mark sought to be registered by Applicant
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`for any product or service, and continuing through the present, Opposer and Opposer's
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`predecessors in interest have used the mark LOCKHEED on or in connection with a wide variety
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`of goods and services.
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`5.
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`For many decades, Opposer, itself and through its predecessors in interest, has
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`been known by the trade name LOCKHEED in its various businesses.
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`

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`6.
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`The trademark LOCKHEED is a distinctive and strong mark, and represents and
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`symbolizes a valuable business and goodwill, which belongs exclusively to Opposer, for all
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`goods and services except automotive brakes and hydraulic brake fluids.
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`7.
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`Opposer owns the following marks, registered on the Principal Register of the
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`United States Patent and Trademark Office, which registrations are Valid, subsisting, unrevoked
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`and uncancelled, and as to Reg. Nos. 2022037 and 2022038, are incontestable:
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`
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`
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`2022037
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`CW5
`42
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`
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`2022038
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`42
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`LOCKHEED
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`MARTIN (and design)
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`LOCKHEED
`MARTIN (and design)
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`MARTm(a"dd”ig"’
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`LOCKHEED
`MARTIN
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`
`
`
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`MARTIN (and design)
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`LOCKHEED
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`2289018
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`
`
`I
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`
`
`
`
`
`
`New product research and development, design
`and testing for new product development, all
`relating to aerospace, aeronautics systems and
`vehicles, electronic systems, information
`systems, energy systems, materials technology,
`and environmental enhancement
`
`
`
`New product research and development, design
`and testing for new product development, all
`relating to aerospace, aeronautics systems and
`vehicles, electronic systems, information
`systems, energy systems, materials technology,
`and environmental enhancement
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`2289109
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`25
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`T-shirts and caps
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`14
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`16
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`1 8
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`20
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`25
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`18
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`21
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`24
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`28
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`Pens, desk folders, and travel atlases
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`Neck lanyards for holding identification badges
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`Shirts and jackets
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`Luggage tags and duffle bags
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`Portable coolers
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`Golf balls
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`

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`8.
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`In addition, Opposer’s application to register the mark LOCKHEED for “scale
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`model airplanes and toy banks” is pending under Serial No. 75-872595, and was published for
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`opposition on July 9, 2002. Other applications filed by the Opposer seek registration of marks
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`using the term “LOCKI-IEED MARTIN” in combination with other terms, and are also pending.
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`9.
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`Opposer’s predecessor in interest held registrations for the mark LOCKHEED on
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`the Principal Register for a variety of additional goods and services:
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`Reg. No. Reg. Date
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`Goods or Srvices
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`—
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`320151
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`12/18/ 1.934 Aeroplanes and parts thereof, exclusive of hydraulic brakes or
`braking equipment not in other classes
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`
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`First Use
`(year)
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`
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`1927
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`
`
`
`
`
`
`
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`
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`Industrial television systems, switching devices, electrical
`junction boxes, battery chargers exclusive of battery chargers
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`for ground or surface vehicles (as distinguished from
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`watercraft and airplanes, spacecraft, missiles, satellites and
`other aircraft) including off-the-road mobile equipment or
`machinery such as construction, farm or other like mobile
`equipment or machinery, and components thereof
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`
`
`
`
`
`
`
`
`
`
`
`
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`Telemetry systems, digital plotters, computers, aircraft
`systems operation and maintenance training aid devices,
`aircraft command control equipment, electrical and electronic
`test equipment for production and flight line testing of aircraft
`electrical and electronic systems, industrial tape recording
`equipment, timers exclusive of timers for ground or surface
`vehicles (as distinguished from watercraft and airplanes,
`spacecraft, missiles, satellites and other aircraft) including
`off-the-road mobile equipment or machinery such as
`construction, farm or other like mobile equipment or
`machinery, and components thereof
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`
`
`
`
`
`
`
`
`
`
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`1952
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`1952
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`1938
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`1956
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`
`
`
`
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`Aircraft maintenance, repair and conversion, watercraft repair
`and conversion, electronic equipment maintenance, testing,
`modification and repair, and construction of dams, roads,
`tunnels and bridges for others
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`Ballistic missiles and parts thereof
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`
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`843601
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`2/6/1968
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`843670
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`2/6/1968
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`888052
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`3/17/1970
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`
`
`
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`894897
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`7/21/1970
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`
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`

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`Reg. No. Reg Date Goods or Services
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`—_
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`um First Use
`(year)
`
`
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`909981
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`3/16/1971
`
`
`
`
`
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`Space satellite launching vehicles, helicopters, submarines,
`commercial and military ships—name1y, destroyers, support
`ships and barges, equipment transfer dollies, propellant
`transfer carts, and parts thereof; and off—the—road type ground
`vehicles and amphibious vehicles
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`
`
`
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`3/16/1971 Metal protecting cathodic anticorrosion systems, and parts
`thereof
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`
`
`
`
`
`
`1959
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`1963
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`1950
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`1960
`
`1939
`
`
`
`
`
`909988
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`910235
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`3/16/1971
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`911818
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`6/1/1971
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`916671
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`7/20/1970
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`Aerospace Vehicle and systems research, design, development
`and testing; aerospace medicine and aerospace materials
`research; nuclear research; metrology services for industrial
`instrument calibration and testing; meteorology research; and
`marine research services
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`
`
`
`
`
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` Space research and surveillance satellites, computer memory
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`devices and memory systems, strain gauges and deflection
`gauges, radar systems, gun fire control systems, nuclear
`reactors and isotope power units, and gauges, testers and test
`harnesses for fuel, hydraulic, oxygen and electrical systems
`not including testers and test harnesses for installing or
`servicing automotive products, and parts and accessories
`therefor
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`
`
`
`
`
`
`
`
`
`
`
`
`
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` Maintenance workstands, wrenches and wrench adapters,
`jacks, jack pads and towbars, all for the maintenance, repair
`and servicing of aircraft, missiles, satellites and space
`vehicles; dredges; shipboard and industrial cranes and hoists;
`and solid propellant rocket motors
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`
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`Although the federal registrations of the foregoing marks have expired, many of these goods and
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`services continue to be offered by the Opposer under the LOCKHEED and/or LOCKHEED
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`MARTIN marks and trade names; Opposer never intended to abandon its common law
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`trademark rights or the goodwill associated with the name LOCKHEED, and has not done so.
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`10.
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`Opposer offers and sells goods and services bearing its LOCKHEED and/or
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`LOCKHEED MARTIN marks and trade names through all channels of trade customary for such
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`goods and services.
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`

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`11.
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`Opposer and its predecessors in interest have supported and engaged in numerous
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`charitable and educational activities and undertakings, all of which have increased the goodwill
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`associated with the marks LOCKHEED and LOCKHEED MARTIN, which goodwill has inured
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`solely to the benefit of the Opposer. Such activities have included, inter alia, support of research
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`into metallurgy, materials science, materials technology, and engineering disciplines.
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`12.
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`As a result of Opposer's and its predecessors’ extensive use of the LOCKHEED
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`mark, this mark has become extraordinarily famous and is recognized by the public as
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`identifying Opposer as the source of virtually all goods and services bearing the mark
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`LOCKHEED (excluding only automotive brakes and hydraulic brake fluid), and represents
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`enormous goodwill of Opposer.
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`13.
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`In addition to its own use of the LOCKHEED and LOCKHEED MARTIN marks,
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`Opposer, through its licensees, has used the LOCKHEED and LOCKHEED MARTIN marks on
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`a wide variety of products, including toys, desk accessories, coin banks, clothing and
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`collectibles.
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`14.
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`On or about May 2, 2001, Applicant Lockheed Window Corp. filed Application
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`Serial No. 76250034, to register LOCKHEED (and design) as a trademark for “metal windows
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`for buildings” in Class 6, “non-metal windows for buildings” in Class 19, and as a service mark
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`for “installation and contracting for installation of metal and non-metal windows for buildings”
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`in Class 37.
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`15.
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`Opposer’s LOCKHEED and LOCKHEED MARTIN marks are famous and were
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`famous on and long prior to the date on which Applicant’s application was filed. Opposer’s
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`LOCKHEED mark was famous long prior to the alleged date of first use of the mark by the
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`Applicant in any of the classes for which use of the mark it seeks to register has been claimed.
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`-6-
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`

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`16.
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`On information and belief, Applicant has adopted the mark LOCKHEED in an
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`attempt to trade on the enormous fame and goodwill of the Opposer’s predecessor in interest.
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`17.
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`On information and belief, it is not true that the date of first use of the mark
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`Applicant seeks to register was at least as early as December 31, 1958 (for the goods as stated in
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`Class 6), and the claim of first use of the mark in such class as of such date was made with
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`knowledge of such falsity.
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`18.
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`The dominant component of the mark Applicant seeks to register — LOCKHEED -
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`- is identical to Opposer’s famous LOCKHEED mark, and is identical to the dominant portion of
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`Opposer’s famous LOCKHEED MARTIN mark.
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`19.
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`The goods and services identified in the mark sought to be registered are closely
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`related to the goods and services offered by Opposer, as Opposer manufactures and sells
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`specialized windows; Opposer engages in a wide variety of real estate transactions across the
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`United States and provides services as an integral part thereof; Opposer disposes of surplus
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`items, including building and maintenance items, as needed; and Opposer engages in metal-
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`lurgical research, materials science research, materials technology, environmental enhancement
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`services, and related engineering services. In addition, Opposer or its predecessors in interest
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`have provided construction services in the past, and Opposer may do so again in the future, and it
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`has and continues to provide installation services for computer and other electronic systems.
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`20.
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`Applicant has wrongfully maintained before the Trademark Office the mandatory
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`assertion that no other person, firm, corporation, or association has the right to use the above-
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`identified mark in commerce, either in the identical form thereof or in such near resemblance
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`thereto as to be likely to cause confusion, or to cause mistake, or to deceive.
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`

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`21.
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`The use by Applicant of a mark which in dominant part is identical to Opposer’s
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`LOCKHEED and LOCKHEED MARTIN marks, on or in connection with goods and services
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`closely related to the goods and services offered by Opposer, is likely to cause confusion or to
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`cause mistake, or to deceive the trade and the general public into believing that Applicant's
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`LOCKHEED products come from the same source as products and services bearing or sold in
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`connection with Opposer’s LOCKHEED and/or LOCKHEED MARTIN marks and trade names,
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`or are otherwise authorized, sponsored or licensed by Opposer, in violation of Section 2(d) of the
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`Lanham Act, 15 U.S.C. §l052(d). As a result, the granting of the registration applied for will
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`cause substantial damage and injury to Opposer.
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`22.
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`Applicant’s commercial use of the mark LOCKHEED (and design) in connection
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`with windows and window installation services is likely to dilute the distinctive quality of
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`Opposer’s famous LOCKHEED and LOCKHEED MARTIN marks by lessening the capacity of
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`those marks to identify and distinguish the source of goods and services provided under the
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`LOCKHEED and/or LOCKHEED MARTIN marks, in violation of Section 43(0) of the Lanham
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`Act, 15 U.S.C. §l125(c). As a result, the granting of the registration applied for will cause
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`substantial damage and injury to Opposer.
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`Intentional end ofpage.
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`

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`J)
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`23.
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`By reason of the foregoing, Opposer will be damaged by the registration of the
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`mark shown in Application Serial No. 76—250034 in International Classes 6, 19 and 37.
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`WHEREFORE, Opposer respectfully requests that this opposition be sustained and that
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`Application Serial No. 76—250034 for registration of the mark LOCKHEED (and design) be in
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`all respects denied.
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`This Notice of Opposition is submitted in duplicate. Please refer to the cover letter
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`attached herewith for information concerning payment of the filing fees.
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`Dated: August 20, 2002
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`"Express Mail" mailing label No. EV 176416916 US
`Date of Deposit: August 20, 2002
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`Respectfully submitted,
`
`DUANE MORRIS LLP
`
`I hereby certify that this paper or fee is being deposited with the
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`United States Postal Service "Express Mail Post Office to
`Addressee" service under 37 CFR 1.10 on the date indicated above
`and is addressed to the Assistant Commissioner for Trademarks,
`2900 Crystal Drive, Arlington, Virginia 22202-3513.
`
`By;
`
`,
`
`" W
`.
`.
`5113311 Okln G01dSm1th
`Arthur L. Plevy
`
`‘_
`
`s
`
`'
`on G1
`"
`°d5m"h
`
`“S”
`
`Attorneys for Opposer
`100 College Road West, Suite 100
`Princeton, NJ 08540
`
`(609) 919-4430
`
`

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`-1
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`- .««
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`SUSAN OKIN GOLDSMITH
`DIRECT DIAL: 609.919.4430
`
`E—MAIL: sogoldsmith@duanemorris.com
`WWW. duanemorI"IS.c0m
`
`August 20, 2002
`
`DUANE MORRIS
`ATTORNEYS AT LAW
`
`PHILADELPHIA
`NEW YORK
`LONDON
`CHICAGO
`WASHINGTON, DC
`SAN FRANCISCO
`BOSTON
`Amrm
`MIAMI
`
`:AlIl;l:::::::
`MALVERN
`
`§;I§VRAlE;(HII.I.
`
`pALM BEACH
`ALLENTOWN
`
`Honorable Commissioner of Patents and Trademarks
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, VA 22202-3513
`BOX TTAB FEE
`
`Re:
`
`In the Matter of Appl. Serial No. 76/250034
`Published in the Official Gazette of May 14, 2002
`Applicant: LOCKHEED WINDOW CORP.
`Mark: LOCKHEED gDesign[
`
`IllllllllllllllllNIHllflllllllllflllllllflllllll
`0820 2002
`u.s. Paunt a. TMofcITM Mall Rep: 01. #39
`
`Ladies and Gentlemen:
`
`This matter is currently under an extension of time to file an opposition. Enclosed
`please find:
`
`1.
`
`2.
`
`Notice of Opposition; and
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`Return Receipt Postcard
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`Please charge the filing fees in the amount of $900.00 to deposit account No.50—2061,
`together with any additional fees regarding this matter.
`
`Respectfully submitted,
`
`SUSAN OKIN GOLDSMITH
`
`SOG:et
`Encl.
`
`PTN\2644l.1
`
`DUANE, MORRIS & HECKSCHER LLP
`I00 COLLEGE ROAD WEST, SUITE 100
`
`A Pennsylvania limited liability partnership
`PRINCETON, NJ 08540-6604
`
`M4 ELAINE JACOBY, RESIDENT PARTNER
`PHONE: 609.919.4400
`FAX: 609.919.4401