Signature
`
`CERTIFICATE OF MAILING
`37 C.F.R 1.8
`
`I hereby certify that this correspondence is being deposited with the U.S. Postal Service with sufficient postage as First Class Mail
`in an envelope addressed to: Commissioner for Trademarks, 2900 Cry tal Drive, Arlington, VA 22202-3513, on the date below:
`
`,I2.;!§:_0:l
`
`Date
`
`_
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No.: 78/297,108
`by Hudson Avenue Technologies LLC for the Mark: GOLFMATES and Design
`Filed: September 8, 2003
`
`Published in the Official Gazette
`
`on September 28, 2004
`
`Academy Ltd.,
`Opposer,
`
`v.
`
`Hudson Avenue Technologies LLC,
`Applicam
`
`_
`_
`Oppos1t1on No.
`
`NOTICE OF OPPOSITION
`
`BOX TTAB -- FEE
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Commissioner:
`
`Academy Ltd. (“Opposer”) believes that it will be damaged by registration of the mark
`
`shown in Application Serial No. 78/297,108 in International Class 45 and hereby opposes the
`
`same.
`
`As grounds for opposition, Opposer alleges that:
`10/39/2006 ZELIFT01 00000060 78397108
`
`01 rc:sao.=:
`
`3oo.oo an
`
`25460991 .11
`
`_
`y
`,
`llllllllllllllllllllllllllllllilllllllllllllullll
`
`1o,22_2004
`U.S. Patent & TMOtclTl\.1 Mail RL:p1:Dt. #31:
`
`
`
`CERTIFICATE OF MAILING
`37 C.F.R 1.8
`
`I hereby certify that this correspondence is being deposited with the U.S. Postal Service with sufficient postage as First Class Mail
`in an envelope addressed to: Commissioner for Trademarks, 2900 Cry tal Drive, Arlington, VA 22202-3513, on the date below:
`
`,I2.;!§:_0:l
`
`Date
`
`_
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No.: 78/297,108
`by Hudson Avenue Technologies LLC for the Mark: GOLFMATES and Design
`Filed: September 8, 2003
`
`Published in the Official Gazette
`
`on September 28, 2004
`
`Academy Ltd.,
`Opposer,
`
`v.
`
`Hudson Avenue Technologies LLC,
`Applicam
`
`_
`_
`Oppos1t1on No.
`
`NOTICE OF OPPOSITION
`
`BOX TTAB -- FEE
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Commissioner:
`
`Academy Ltd. (“Opposer”) believes that it will be damaged by registration of the mark
`
`shown in Application Serial No. 78/297,108 in International Class 45 and hereby opposes the
`
`same.
`
`As grounds for opposition, Opposer alleges that:
`10/39/2006 ZELIFT01 00000060 78397108
`
`01 rc:sao.=:
`
`3oo.oo an
`
`25460991 .11
`
`_
`y
`,
`llllllllllllllllllllllllllllllilllllllllllllullll
`
`1o,22_2004
`U.S. Patent & TMOtclTl\.1 Mail RL:p1:Dt. #31:
`
`
`
`
`
`1. Opposer is a Texas limited partnership, having its principal place of business at 1800
`
`N. Mason Rd., Katy, Texas 77449.
`
`2. Opposer is the owner of the trademark GOLFMATE, including U.S. Trademark
`
`Registration No. 2,436,094 covering “golf bags, golf bag covers, golf ball markers, golf ball
`
`retrievers, head covers for golf clubs, divot repair tools, golf gloves, golf accessory pouches, golf
`
`bag tags, golf putter covers, golf tees and golf tee markers” in Class 28, and Application Serial
`
`No. 78/379,682 covering “distance finders; golfscope” in Class 9, “umbrellas” in Class 18, “club
`
`cleaning brush” in Class 21 and “practice nets, chipping net; golf carts; toy club set; kids toy golf
`
`set; putter gift set; gold [sic] clubs; golf club sets; putter clubs; putter club sets; e-putter; 3 ball
`
`putter clubs; tee holder; putter holder; lead tape; score caddy; putting cup; practice golf balls;
`
`titanium golf balls; swing weights; golf organizer; display cases” in Class 28.
`
`3. The registration identified in Paragraph 2 above is currently valid and subsisting.
`
`4. Printouts of the records from the Patent and Trademark Office database for the
`
`registration and application listed in Paragraph 2 above are attached hereto as Exhibits A and B,
`
`respectively.
`
`5. Opposer, through its predecessors in interest, has used the mark GOLFMATE in
`
`commerce in connection with golf related products since at least as early as October 31, 1993.
`
`6. Applicant Hudson Avenue Technologies LLC is a limited liability company having an
`
`address of 3507 S. 104*“ Street, Omaha, NE 68124.
`
`25460991 .1
`
`
`
`
`
`7. Application Serial No. 78/297,108 for the mark GOLFMATES & Design was filed on
`
`September 8, 2003 covering “computer services, namely providing an interactive computer
`
`database regarding and in the nature of, matching golf partners for dates” in International Class
`
`45, and claiming a date of first use of February 1, 2003 and a date of first use in commerce of
`
`May 13, 2003, as is evidenced by the publication of the mark in the Official Gazette on
`
`September 28, 2004.
`
`8. The services covered by Applicant’s Serial No. 78/297,108 are highly related to
`
`Opposer’s GOLFMATE goods, all relating to golf and marketed to people who play golf.
`
`9. The mark proposed for registration by Applicant, namely GOLFMATES and Design, is
`
`confusingly similar to Opposer’s GOLFMATE mark, so that when Applicant’s mark is used for
`
`the services recited in the application, it so nearly resembles Opposer’s mark as to be likely to be
`
`confused therewith and mistaken therefor.
`
`10. If Applicant is permitted to use and register the mark GOLFMATES and Design for
`
`the services recited in the application herein opposed, confusion would likely be caused, resulting
`
`in damage and injury to the Opposer, and would result by reason of the similarity between
`
`Applicant's mark and Opposer’s GOLFMATE mark.
`
`Persons
`
`familiar with Opposer’s
`
`GOLFMATE mark would be likely to assume a connection between Applicant's services and the
`
`goods offered by Opposer.
`
`11. If Applicant is granted the registration herein opposed, it would thereby obtain at least
`
`a prima facie exclusive right to the use of its mark. Such registration would be a source of
`
`damage and injury to Opposer.
`
`25460991 .1
`
`
`
`
`
`Wherefore, Opposer prays that Application Serial No. 78/297,108 be rejected, and that
`
`registration of the mark therein be denied and refused.
`
`A duplicate copy of this Notice of Opposition and the fee in the amount of $300 as
`
`required in 37 C.F.R. § 2.6(a)(17) are enclosed herewith. If the check is inadvertently omitted, or
`
`the amount is insufficient, or should any additional fees under 37 C.F.R. § 2.6 be required for any
`
`reason relating to the enclosed materials, or should an overpayment be included herein, the
`
`Commissioner for Trademarks is authorized to deduct or credit said fees from or to Fulbright &
`
`Jaworski L.L.P. Account No.: 50-1212/ACAD:2l6/10411871/WGB.
`
`Please direct all communications concerning the referenced opposition proceeding to:
`
`William G. Barber
`
`FULBRIGHT & JAWORSKI L.L.P.
`
`600 Congress Avenue, Suite 2400
`Austin, Texas 78701
`512/536-3007
`
`Please return the enclosed postcard to evidence receipt of this Notice of Opposition.
`
`Respectfully submitted,
`
` i liam G. Barber
`
`L. Alison Davis
`
`Attorneys for Opposer
`
`FULBRIGHT & JAWORSKI L.L.P.
`
`600 Congress Avenue, Suite 2400
`Austin, Texas 78701-3248
`512.474-5201
`
`512.536.4598 (facsimile)
`
`Date:
`
`l3lJD0‘:[
`
`25460991.1
`
`
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`wzmpzoummsfimzoo.50..$820¢“.mos:mm._<n_o3o>owz@
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`mark. Use the "Back" button of the Internet Browser to return to TESS)
`
`Typed Drawing
`
`Word Mark GOLFMATE
`
`Goods and
`Services
`
`IC 028. US O22 023 038 050. G & S: GOLF BAGS, GOLF BAG COVERS, GOLF
`BALL MARKERS, GOLF BALL RETRIEVERS, HEAD COVERS FOR GOLF
`CLUBS, DIVOT REPAIR TOOLS, GOLF GLOVES, GOLF ACCESSORY
`POUCHES, GOLF BAG TAGS, GOLF PUTTER COVERS, GOLF TEES AND
`GOLF TEE MARKERS. FIRST USE: 19920300. FIRST USE IN COMMERCE:
`19931000
`
`Mark
`Drawing Code (1) TYPED DRA
`Serial
`Number
`
`75387626
`
`WIN
`
`G
`
`IA
`
`November 10, 1997
`
`Filing Date
`Current
`Filing Basis
`Original
`IA
`Filing Basis
`Published for December 26 2000
`Opposition
`’
`
`Registration
`Number
`
`2436094
`
`R°g‘“"““°“ March 20 2001
`Date
`’
`
`Owner
`
`(REGISTRANT) Pam & Frank Industrial Co. Ltd. CORPORATION CALIFORNIA
`3676 Clarkston Road, Suite B Clarkston MICHIGAN 48346
`
`http://tess2.uspto.gov/bin/showfield?f=doc&state=g3 fgnq.2.3
`
`10/13/2004
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`
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`TESS - Document Display
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`Assignment
`Recorded
`
`A“°“‘°y °f
`Record
`
`ASSIGNMENT RECORDED
`
`RANDY W. TUNG
`
`Type of Mark TRADEMARK
`
`Register
`Live/Dead
`Indicator
`
`W0 “W
`
`PRINCIPAL
`
`LIVE
`
`T555 He-'+=
`Fansrnoc
`
`9“*"‘«’'"m
`Max: Doc Lnsr Dac
`
`R
`
`HOME I INDEX | SEARCH | SYSTEM ALERTS I BUSINESS CENTER | NEWSSNOTICES |
`CONTACT US I PRSVACY STATEMENT
`
`http://tess2 .uspto.goV/bin/showfie1d?f=doc&state=g3 fgnq.2.3
`
`10/13/2004
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`
`
`
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` om._o>umm® om._o>umm®
`
`
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`
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`
`
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`
`GOLFMATE
`
`Word Mark
`
`GOLFMATE
`
`Goods and
`Services
`
`IC 009. US 021 023 026 036 038. G & S: distance finder; golfscope. FIRST USE:
`20031016. FIRST USE IN COMMERCE: 20031016
`
`IC 018. US 001 002 003 022 041. G & S: umbrellas. FIRST USE: 20000910. FIRST
`USE IN COMMERCE: 20000910
`
`IC 021. US 002 013 023 O29 030 033 040 050. G & S: club cleaning brush. FIRST
`USE: 20040304. FIRST USE IN COMMERCE: 20040304
`
`IC 028. US 022 023 038 050. G & S: practice nets, chipping net; golf carts; toy club
`set; kids toy golf set; putter gift set; gold clubs; golf club sets; putter clubs; putter
`club sets; e-putter; 3 ball putter clubs; tee holder; putter holder; lead tape; score
`caddy; putting cup; practice golf balls; titanium golf balls; swing weights; golf
`organizer; display cases. FIRST USE: 20000725. FIRST USE IN COMMERCE:
`20000725
`
`Standard
`Characters
`Claimed
`
`D”'“"“g (4) STANDARD CHARACTER MARK
`
`http://tess2.uspto. gov/bin/showf1eld?f=doc&state=g3fgnq.2.2
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`10/13/2004
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`I TESS - Document Display
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`Serial Number 78379682
`
`Filing Date
`
`March 5, 2004
`
`Current Filing
`Basis
`
`Original Filing
`Basis
`
`1A
`
`1A
`
`Owner
`
`Attorney of
`Record
`
`Prior
`Registrations
`Type of Mark
`
`Register
`Live/Dead
`Indicator
`
`(APPLICANT) Academy, Ltd. comprised of Academy Managing Co., L.L.C., a
`Texas Limited Liability Company, its sole general partner LHVIITED
`PARTNERSHIP TEXAS 1800 North Mason Road Katy TEXAS 77449
`
`William G. Barber
`
`2436094
`TRADEMARK
`
`PRINCIPAL
`
`LIVE
`
`mm»: mm:@ m
`mac
`
`cm us-r
`
`HOME | INDEX | SEARCH | SYSTEM ALERTS | BUSINESS CENTER | NEWS&NOT|CES I
`CONTACT US | PRIVACY STATEMENT
`
`http://tess2.uspto.gov/bin/showfie1d?f=doc&state=g3 fgnq.2.2
`
`10/13/2004
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