EXPRESS MAIL CERTIFICATE
`
`I hereby certify that the foregoing Notice of Opposition was deposited
`with the U.S. Postal Service utilizing the "Express Mail Post Office to
`Addressee" service, mailing label number EL0542l0784US addressed to
`Box TTAB FEE, Assistant Commissioner for Trademarks, 2900 Crystal
`Drive, Arlington, VA 22203-3513 on October 8, 2003.
`%fi2:«;»/
`Patricia Ro wski
`
`Signature:
`Name:
`
`40 {I ;g_/2 3
`
`Date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`_______________________________________________________________________-_x
`
`KRAFT FOODS HOLDINGS, INC.
`
`Opposer,
`
`v.
`
`KLAUS DORRENHAUS
`
`Opposition NO.
`
`Serial No. 75/891433
`
`.
`Applicant.
`________________________________________________________________________ X
`
`Box TTAB FEE
`
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`10/14/2003 ZCLIFTO1 00000100 111650
`
`75891i33
`
`01 FC:6#02
`
`3°°-°° 99
`
`NOTICE OF OPPOSITION
`
`In the matter of the trademark application of KLAUS DORRENHAUS, for the
`
`registration of the mark ORANGUTANG in Class 32 for beverages, namely, beer,
`
`carbonated and non-carbonated mineral water and table [sic]; non-alcoholic drinks and
`
`cocktails; fruit drinks and fruit juices; non- alcoholic fruit nectars; whey beverages and
`
`non-alcoholic milk containing mix drinks; symps for beverages; vegetable juices; and
`
`preparation for making beverages, Application Serial No. 75/891433, filed January 7,
`
`2000, published in the Official Gazette of March 11, 2003.
`
`
`
`I hereby certify that the foregoing Notice of Opposition was deposited
`with the U.S. Postal Service utilizing the "Express Mail Post Office to
`Addressee" service, mailing label number EL0542l0784US addressed to
`Box TTAB FEE, Assistant Commissioner for Trademarks, 2900 Crystal
`Drive, Arlington, VA 22203-3513 on October 8, 2003.
`%fi2:«;»/
`Patricia Ro wski
`
`Signature:
`Name:
`
`40 {I ;g_/2 3
`
`Date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`_______________________________________________________________________-_x
`
`KRAFT FOODS HOLDINGS, INC.
`
`Opposer,
`
`v.
`
`KLAUS DORRENHAUS
`
`Opposition NO.
`
`Serial No. 75/891433
`
`.
`Applicant.
`________________________________________________________________________ X
`
`Box TTAB FEE
`
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`10/14/2003 ZCLIFTO1 00000100 111650
`
`75891i33
`
`01 FC:6#02
`
`3°°-°° 99
`
`NOTICE OF OPPOSITION
`
`In the matter of the trademark application of KLAUS DORRENHAUS, for the
`
`registration of the mark ORANGUTANG in Class 32 for beverages, namely, beer,
`
`carbonated and non-carbonated mineral water and table [sic]; non-alcoholic drinks and
`
`cocktails; fruit drinks and fruit juices; non- alcoholic fruit nectars; whey beverages and
`
`non-alcoholic milk containing mix drinks; symps for beverages; vegetable juices; and
`
`preparation for making beverages, Application Serial No. 75/891433, filed January 7,
`
`2000, published in the Official Gazette of March 11, 2003.
`
`
`
`
`
`Opposer, Kraft Foods Holdings, Inc., a Delaware Corporation, believes it will be
`
`damaged by registration of the mark shown in the application and therefore opposes the
`
`registration of this trademark.
`
`The grounds for the opposition are:
`
`CLAIM I - SECTION 21d!
`
`1.
`
`For many years prior
`
`to applicant's filing date, Kraft,
`
`through its
`
`predecessors in title and interest (hereinafter "Kraft" or "Opposer"), has been engaged in
`
`the manufacture and sale of a broad range of food and other consumer products sold
`
`throughout the United States on a vast scale including, but not limited to, a line of
`
`beverage products sold under the TANG trademark.
`
`2.
`
`By virtue of the excellence of Kraft's TANG products and extensive
`
`promotional activities and sales thereof, the TANG mark is a famous mark such that the
`
`public has come to identify the business and products denominated by that mark as those
`
`of Opposer.
`
`3.
`
`Kraft owns U.S. Trademark Reg. No. 1,974,439 in the United States
`
`Patent and Trademark Office for TANG in Class 32 for the following goods: soft drinks
`
`and powders syrups and concentrates used in the preparation of soft drinks. Kraft’s
`
`TANG registration is incontestable and bears a first use date of 1957.
`
`4.
`
`In its advertising and marketing for TANG, Kraft has also made extensive
`
`use of the now-familiar "Orangutang" design, which is the subject of U.S. Trademark
`
`Reg. No. 2,552,822.
`
`In connection with its "Orangutang" design, Kraft has used the term
`
`ORANGU-TANG,
`
`in which Kraft has common law trademark rights that predate the
`
`subject Application. A copy of Kraft's TANG packaging on which the "Orangutang"
`
`design and ORANGU-TANG trademark are displayed is attached as Exhibit A.
`
`
`
`
`
`{$1
`
`-3»
`
`5.
`
`Applicant has applied to register ORANGUTANG for various beverages
`
`namely beer, carbonated and non-carbonated mineral water and table [sic]; non-alcoholic
`
`drinks and cocktails; fruit drinks and fruit juices; non-alcoholic fruit nectars; whey
`
`beverages and non-alcoholic milk containing mix drinks; syrups for beverages; vegetable
`
`juices; and preparation for making beverages. Such products are closely related to the
`
`goods sold by Kraft or may be purchased for the same reasons and consumed by the same
`
`persons on the same occasions as in the case of Krafi's TANG products.
`
`6.
`
`The mark applicant seeks to register, ORANGUTANG,
`
`is confusingly
`
`similar both to Kraft's identical ORANGU-TANG trademark and its registered TANG
`
`trademark.
`
`7.
`
`Registration of the ORANGUTANG mark by applicant in connection with
`
`its goods is likely to cause confusion or mistake or deceive customers or potential
`
`customers with respect to Kraft and its TANG products in that purchasers or potential
`
`purchasers of Opposer‘s goods, upon encountering applicant's goods offered under the
`
`ORANGUTANG mark, will believe, and will be justified in believing, that the goods
`
`offered by applicant under its confusingly similar mark are in fact those of Kraft, or are
`
`related to or are associated with or sponsored by Kraft, thereby creating a likelihood of
`
`confusion, mistake, or deception.
`
`8.
`
`Any defects, inadequacies or fault found with applicant's goods sold under
`
`the ORANGUTANG mark would, because of the similarity of that mark to Kraft's
`
`TANG and ORANGU-TANG trademarks, reflect upon Kraft and seriously injure the
`
`reputation that Kraft has established for the products that it offers under the TANG
`
`trademark.
`
`
`
`
`
`9.
`
`Registration of the ORANGUTANG mark by applicant will interfere with
`
`the use by Kraft of the TANG and ORANGU-TANG trademarks to the damage and
`
`injury of Kraft.
`
`CLAIM II— DILUTION
`
`10.
`
`Opposer repeats and realleges the allegations of Paragraphs 1
`
`through 9
`
`above as though fully set forth herein.
`
`11.
`
`The TANG trademark has acquired secondary meaning and, since long
`
`prior to the Applicant's filing date, has been famous.
`
`12.
`
`Registration of applicant's ORANGUTANG trademark will dilute the
`
`distinctive quality of Krafi:'s famous TANG trademark in violation of §43(c) of the
`
`Federal Trademark Act, 15 U.S.C. §1l25(c).
`
`13.
`
`A triplicate of this Notice of Opposition is enclosed. Please charge any
`
`costs to Krafi's Deposit Account No. 111650.
`
`
`
`
`
`WHEREFORE, Opposer believes it will be damaged by the registration of the
`
`claimed trademark in Application Serial No. 75/891433 in Class 32 and requests that
`
`such registration be denied.
`
`Respectfully submitted,
`
`By:
`
`4.4
`
`arton M. Zcdd
`
`Trademark Counsel
`
`Kraft Foods Holdings, Inc.
`Three Lakes Drive
`
`Northfield, Illinois 60093-2753
`
`(847) 646-2752
`
`Dated: g5 '3!) '- £5
`
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