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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Applicant: Packadorms,LLC
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`International Class: 39
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`Serial No.: 76/260,524
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`Published for Opposition: November 11, 2003
`Official Gazette: Page TM 457
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`Filed:
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`Mark:
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`May 22, 2001
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`PACKADORMS and Design
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`Attorney Docket No.: WEYE625 82
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`Goods:
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`storage of personal items, belongings and furniture in International Class 39
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`WEYERHAEUSER COMPANY, a Washington
`corporation
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`Opposition No.
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`NOTICE OF OPPOSITION
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`Opposer,
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`V.
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`PACKADORMS, LLC, a Connecticut limited
`liability company,
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`Applicant.
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`
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`03-1 2-2004
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`u.e. menu TMOWM W‘ "°"‘ °'“
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`o3/17/20074
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`GIBBOHS 00000096 76260520
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`300.00 DP
`
`NOTICE OF OPPOSITION
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`Seattle, Washington 98101
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`March 9, 2004
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`TO THE COMMISSIONER FOR TRADEMARKS
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`TRADEMARK TRIAL AND APPEAL BOARD:
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`Weyerhaeuser Company, a corporation of the State of Washington, having a place of
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`business at 33663 Weyerhaeuser Way South, Federal Way, Washington 98003 (hereinafter
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`NOTICE OF OPPOSITION - 1
`WEYE\2582282.DOC
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`CHRISTENSEN
`O'CONNOR
`JOHNSON
`KlNDNESS'“5
`
`LAW OFFICES
`1420 Fifth Avenue. Suite 2800
`Seattle, WA 98101-2347
`TELEPHONE: 206.682.8100
`
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`of November 11, 2003, and hereby opposes the same.
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`As grounds for the opposition, Opposer alleges as follows:
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`1.
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`On information and belief, Packadorrns, LLC is a limited liability company
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`created under the laws of the State of Connecticut, and having a place of business at 101 South
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`Eagleville Road, Apartment 17A, Storrs, Connecticut 06268 (hereinafter "Applicant").
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`2.
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`Continuously since long prior to any date upon which Applicant can rely, Opposer
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`has used trademarks comprised of and including a distinctive depiction of elephants portrayed in
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`a standing position, organized in a queue, and touching one another trunk to tail. Opposer has
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`used said marks in association with wood products.
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`3.
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`Opposer is the owner of U.S. Trademark Registration No. 2,535,705 for one
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`depiction of the marks described in Paragraph 2 herein. Registration No. 2,535,705 issued
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`February 5, 2002, and asserts a date of first use of June 1, 1994 for the goods claimed by said
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`registration.
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`4.
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`Opposer will be damaged by the registration sought by Applicant insofar as the
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`registration will be prima facie evidence of the validity of the registration, Applicant's ownership
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`of the mark claimed by U.S. Application Serial No. 76/260,524, and Applicant's exclusive right
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`to use the mark claimed by U.S. Application Serial No. 76/260,524 in association with the
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`services claimed by said application when, in fact, Applicant is not entitled to such rights by
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`virtue of Opposer's prior and continuous use of the mark shown by U.S. Trademark Registration
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`No. 2,535,705 in association with the goods claimed by U.S. Trademark Registration
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`No. 2,535,705, and Opposer's prior use of trademarks comprised of and including a distinctive
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`depiction of elephants portrayed in a standing position, organized in a queue, and touching one
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`another trunk to tail in association with the sale of wood products.
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`5.
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`The mark shown by U.S. Application Serial No. 76/260,524, when used in
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`association with the services claimed by said application, so resembles Opposer's marks
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`comprised of and including a distinctive depiction of elephants portrayed in a standing position,
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`NOTICE OF OPPOSITION - 2
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`KINDNESSW TELEPHONE: 206.682.8100
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`organized in a queue, and touching one another trunk to tail, and so resembles the mark shown by
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`U.S. Trademark Registration No. 2,535,705, as to be likely to cause confusion, or to cause
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`mistake, or
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`to deceive within
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`the meaning of Section 2(d) of
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`the Lanham Act,
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`15 U.S.C. § 1052(d).
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`6.
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`Based upon the foregoing, registration of the mark shown by U.S. Application
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`Serial No. 76/260,524 is likely to cause injury and damage to Opposer.
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`WHEREFORE, Opposer respectfully requests that the registration of the mark shown by
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`U.S. Application Serial No. 76/260,524 be denied pursuant to Section 2(d) of the Lanham Act,
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`15 U.S.C. § l052(d), and that this Opposition be sustained.
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`Accompanying the duplicate signed copies of this Notice of Opposition is our Check
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`No. 154244 for the required filing fee in the amount of $300.00 ($300.00 per class). Please
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`charge any excess fees to Deposit Account No. 03-1740 of Opposer's counsel noted below.
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`Please direct all correspondence to Cindy L. Caditz of Christensen O'Connor Johnson
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`Kindnessm‘C at the following address:
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`Cindy L. Caditz, Esq.
`Christensen O'Connor Johnson KindnessP”‘C
`
`1420 Fifth Avenue, Suite 2800
`Seattle, WA 98101-2347
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`Please direct all telephone calls to Cindy L. Caditz at 206-682-8100.
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`Respectfully submitted,
`
`CHRISTENSEN O'CONNOR
`
`JOHNSON KINDNESSPLW
`
`ékqéeei
`
`Cindy L. Caditz
`Attorneys for Opposer
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`NOTICE OF OPPOSITION - 3
`WEYE\2582282.DOC
`
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`LAW OFFICES
`CHRIsjIENSEN
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`KINDNESSW TELEPHONE: 206.682.8100
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`CERTIFICATE OF MAILING
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`I hereby certify that this NOTICE OF OPPOSITION to U.S. Service Mark Application
`Serial No. 76/260,524 for the mark PACKADORMS and Design is being deposited with the U.S.
`Postal Service in a sealed envelope as first class mail with postage thereon fully prepaid and
`addressed to the Commissioner for Trademarks, BOX TTAB FEE, Trademark Trial and Appeal
`Board, 2900 Crystal Drive, Arlington, VA 22202-3513, on the below date.
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`Date: Ntcig 6;;
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`CLC:jh
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`AZ
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`NOTICE OF OPPOSITION - 4
`WEYE\2582282.DOC
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`CHRISTENSEN
`O'CONNOR
`JOHNSON
`KINDNESS"-'5
`
`LAW OFFICES
`1420 Fifth Avenue, Suite 2800
`Seattle, WA 98l0l~2347
`TELEPHONE: 206.682.8100