-
`
`T
`
`TTAB
`
`‘
`
`Attome Docket No. 100970031
`mitted via United States Express Mail to the Commissioner for Trademarks,
`I hereby certify that this paper is being sub
`3514, on the date shown below.
`2900 Crystal Drive, Arlington, VA 22202-
`
`
`
`
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`HlllllllllllllllHlllllllllllllllllllllllllllllll
`
`BEVERAGES & MORE!, INC.,
`
`v.
`
`HASKELL’S, INC.,
`
`Opposer,
`
`Applicant.
`
`u.s. P
`
`1 1-24-2004
`
`.
`“°"' “ T""°‘°’TM Ma" Rent 0:. am
`
`Trademark Application
`
`Mark: NICKEL SALE
`
`Serial No. 78/126,840
`
`Filed: May 7, 2002
`Published: July 27, 2004
`
`
`Opposition No.
`
`
`
`J N
`
`OTICE OF OPPOSITION
`
`
`
`Commissioner for Trademarks
`2900 Crystal Drive
`'
`VA 22202-3514
`
`Sir:
`
`
`
`Beverages & morel, Inc., a Delaware corporation having its principal place of
`
`business at 1470 Enea Circle, Suite 1600,
`
`“Opposer”), believes that it will be damaged by and thus opposes registration ofthe mark
`that is the subject of Application Serial No. 78/126,840. The Trademark Trial and
`
`12/06/2004 ZCLIFT01 00000064 082792
`
`78126040
`
`01 FC:6402
`
`300.00 00
`
`
`
`
`
`T
`
`TTAB
`
`‘
`
`Attome Docket No. 100970031
`mitted via United States Express Mail to the Commissioner for Trademarks,
`I hereby certify that this paper is being sub
`3514, on the date shown below.
`2900 Crystal Drive, Arlington, VA 22202-
`
`
`
`
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`HlllllllllllllllHlllllllllllllllllllllllllllllll
`
`BEVERAGES & MORE!, INC.,
`
`v.
`
`HASKELL’S, INC.,
`
`Opposer,
`
`Applicant.
`
`u.s. P
`
`1 1-24-2004
`
`.
`“°"' “ T""°‘°’TM Ma" Rent 0:. am
`
`Trademark Application
`
`Mark: NICKEL SALE
`
`Serial No. 78/126,840
`
`Filed: May 7, 2002
`Published: July 27, 2004
`
`
`Opposition No.
`
`
`
`J N
`
`OTICE OF OPPOSITION
`
`
`
`Commissioner for Trademarks
`2900 Crystal Drive
`'
`VA 22202-3514
`
`Sir:
`
`
`
`Beverages & morel, Inc., a Delaware corporation having its principal place of
`
`business at 1470 Enea Circle, Suite 1600,
`
`“Opposer”), believes that it will be damaged by and thus opposes registration ofthe mark
`that is the subject of Application Serial No. 78/126,840. The Trademark Trial and
`
`12/06/2004 ZCLIFT01 00000064 082792
`
`78126040
`
`01 FC:6402
`
`300.00 00
`
`
`
`
`
`
`
`Appeal Board (the “TTAB”) previously granted Opposer’s request for an extension of the
`
`time for filing any opposition to this application, and this Notice of Opposition is filed
`
`within the time period approved by the TTAB. As provided by 15 U.S.C. §§l052(e) and
`
`1063, and predicated upon the following grounds, Opposer alleges in opposition to
`
`registration of the above-referenced mark:
`
`1.
`
`Applicant filed an application on May 7, 2002 to register the word mark
`
`NICKEL SALE as a service mark in connection with retail store services featuring
`
`alcoholic beverages in International Class 35.
`
`2.
`
`Opposer has used in commerce since January 2003 the service mark and
`
`trademark 5 CENT SALE in connection with the promotion of alcoholic beverages at its
`
`retail stores.
`
`3.
`
`On June 30, 2004, Applicant sent a letter to Opposer claiming that it
`
`“owned the rights to the word Nickel Sale or 5¢ Sale” and threatening legal action against
`
`Opposer if Opposer did not cease its use of these words. Given its attempt to interfere
`
`with Opposer’s legitimate use of its mark 5 CENT SALE, Applicant will be injured if
`
`Applicant is permitted to register the mark NICKEL SALE.
`
`4.
`
`Opposer alleges that Applicant’s mark NICKEL SALE is merely
`
`descriptive and therefore not eligible for registration under 15 U.S.C. §1052(e)(1).
`
`5.
`
`Under 15 U.S.C. §lO63, Opposer will be damaged by the registration of
`
`the mark NICKEL SALE on the Principal Register for the reasons set forth herein.
`
`WHEREFORE, Opposer requests that judgment be entered sustaining this
`
`Notice of Opposition
`-2-
`
`
`
`
`
`Opposition by refusing registration of the mark NICKEL SALE for the above-referenced
`
`services.
`
`By and through Applicant’s attorney, the Trademark Office is authorized by
`
`Carole F. Barrett, Attorney for Applicant, to charge the requisite filing fees to the Deposit
`
`Account of Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Account No. 08-2792.
`
`DATED: November 24, 2004
`
`CAROLE F. BARRETT
`DOUGLAS W. WINTHROP
`HOWARD, RICE, NEMEROVSKI,
`CANADY, FALK & RABKIN
`A Professional Corporation
`Three Embarcadero Center, Seventh Floor
`San Francisco, California 94111
`Telephone: 415/434-1600
`Facs1mile: 415/217-5910
`
`\,\3«’4\°ur
`
`_
`
`.
`(fl:
`
`CAROLE F. BARRETT
`Attorneys for Opposer BEVERAGES &
`MORE!, INC.
`
`Notice of Opposition
`-3-
`
`
`
`
`
`7.4
`
`WD 112404/1-100970031/1184175/V2
`
`Notice of Opposition
`-4-
`
`
`
`
`
`Law Offices Of
`
`HOWARD
`
`8R
`
`.;1"F’;c_)f—"eVss1‘oi1cz7lrCo:;<)_rcE);1
`
`"é"l3i‘rI:::]tlE31rrI:t1>(2)1(r)cr:adero Center
`San Francisco, CA 94111-4024
`Telephone 415.434.1600 -
`Facsimile 415.217.5910
`www.howardrice.com
`
`Commissioner for Trademarks
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, VA 22202-3514
`In the Matter of Application Serial NO. 78/126,840
`
`United States Express Mail No. EV352243261 US
`
`NICKEL SALE
`Mark:
`May 7 2002
`Filing Date:
`.
`’
`.
`.
`Published in the Official Gazette dated July 27, 2004
`Our File No.
`10097.0031
`
`ummmummmummumummmuu
`
`11'24'2°°4
`U-3' patent & TMOfc/TM Mail Rap! or. #11
`
`Dear Madam or Sir:
`
`Enclosed please find the following materials for filing with the U.S. Patent and
`Trademark Office:
`
`1. Notice of Opposition and attached exhibits (in duplicate); and
`
`2.
`
`a self-addressed stamped postal acknowledgement card.
`
`Please acknowledge receipt of the enclosed materials by date-stamping and returning
`the enclosed postal acknowledgment card. If you have any questions, please do not hesitate to
`contact the undersigned at (415) 434-1600.
`
`Respectfully submitted,
`
`,.a»¢’‘;‘*»
`"5 5 NET" .,............, ""’""‘“" ”"‘ ,
`i::.t..v‘~ 5’,/3_¢,».‘..-}_/1'2.»/49 rjciiya
`“fir/_’;: at,'.‘%"~:‘vf”{_.¥ 3 5 (by
`Carole F. Barrett
`
`
`
`Certificate of Mailing
`I hereby certify that this correspondence is being deposited as United States Express Mail Service in an envelope addressed to
`the Trademark Trial and Appeal Board, Commissioner for Trademarks, 2900 Crystal Drive Arlington, VA 22202-3514 on the
`date shown below.
`
`
`
`
`
`
` The Trademark Office is authorized to charge the requisite government filing fees to the Deposit Account of Howard, Rice,
`
`Nemerovski, Canady, Falk & Rabkin, PC Account No 082792.
`
`
`
`1
`
`
`
`%{
`
`K Cotu o
`
`$4.
`
`Dated: November 24, 2004
`
`WD 112404/1-100970031/1185594/vl
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