TTAB
`
`CERTIFICATE OF MAILING
`I hereby certify that this document is being deposited with the United States Postal Service as First Class mail in an envelope addressed:
`,_...—
`Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451-3513, on the date noted below:
`Date:, *3} (,Uv'\L’.
`in 7‘?-’
`
`/‘‘~
`S
`Sean F. Mellirio I
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Attorney Docket: DT-28 (#90413)
`
`In the Matter of Application Serial No. 78/412,130, filed May 3, 2004
`Mark: "RAGS IN MOTION" in International Class 25
`Applicant: A.K.A. Clothing, Inc.
`Published in the Oflicial Gazette of May 17, 2005 at page TM 303
`
`Opposition No.
`
`Dots, LLC
`
`Opposer,
`
`vs.
`A.K.A. Clothing, Inc.
`Applicant.
`
`5
`I
`5
`;
`I
`
`___g_________)
`
`Commissioner for Trademarks
`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Dear Sir:
`
`NOTICE OF OPPOSITION
`
`Opposer, Dots, LLC, a limited liability company organized and existing under the laws of
`
`the State of Delaware, located and doing business at 30801 Carter Street, Solon, Ohio 44139,
`
`(hereinafier referred to as "DOTS" or "Opposer") believes that it will be damaged by the
`
`06/22/2005 KGIBBMS 00000009 70412130
`
`01 FC:M02
`
`300.00 (P
`
`llllllllllll|\\ll\\|\|llllll\|\\|ll\\l|ll\l\\\\ll\
`
`06-1 6-2005
`
`U.S. Patent & TMOfcITM Mail Rcpt Dt. #72
`
`
`
`CERTIFICATE OF MAILING
`I hereby certify that this document is being deposited with the United States Postal Service as First Class mail in an envelope addressed:
`,_...—
`Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451-3513, on the date noted below:
`Date:, *3} (,Uv'\L’.
`in 7‘?-’
`
`/‘‘~
`S
`Sean F. Mellirio I
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Attorney Docket: DT-28 (#90413)
`
`In the Matter of Application Serial No. 78/412,130, filed May 3, 2004
`Mark: "RAGS IN MOTION" in International Class 25
`Applicant: A.K.A. Clothing, Inc.
`Published in the Oflicial Gazette of May 17, 2005 at page TM 303
`
`Opposition No.
`
`Dots, LLC
`
`Opposer,
`
`vs.
`A.K.A. Clothing, Inc.
`Applicant.
`
`5
`I
`5
`;
`I
`
`___g_________)
`
`Commissioner for Trademarks
`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Dear Sir:
`
`NOTICE OF OPPOSITION
`
`Opposer, Dots, LLC, a limited liability company organized and existing under the laws of
`
`the State of Delaware, located and doing business at 30801 Carter Street, Solon, Ohio 44139,
`
`(hereinafier referred to as "DOTS" or "Opposer") believes that it will be damaged by the
`
`06/22/2005 KGIBBMS 00000009 70412130
`
`01 FC:M02
`
`300.00 (P
`
`llllllllllll|\\ll\\|\|llllll\|\\|ll\\l|ll\l\\\\ll\
`
`06-1 6-2005
`
`U.S. Patent & TMOfcITM Mail Rcpt Dt. #72
`
`
`
`.
`
`registration of the mark "RAGS IN MOTION” shown in the above-identified application in
`
`International Class 25, and hereby opposes the same.
`
`The grounds for opposition are as follows:
`
`1.
`
`Opposer, Dots, LLC (and its predecessor in interest), is now and has for over
`
`twenty-five years been involved in the business of marketing women's and children's clothing
`
`and clothing accessories and providing retail clothing store services. Moreover, Opposer is now
`
`and has been for over four years been involved in providing said goods and retail clothing store
`
`services via the Internet.
`
`2.
`
`Opposer has become widely known nationally as a marketer of items of clothing
`
`and apparel, those items having aesthetic appearance and good quality, and Opposer has acquired
`
`a favorable reputation throughout large segments of the retail industry for its above-described
`
`goods and services sold and provided under, and in association with, the marks "R.A.G.” (&
`
`design), "RAG" (& design), “RAGSPORT” and "RAG". Conversely, the tenn "RAGS IN
`
`MOTION" is the subject of merely an intent—to-use application by the Applicant.
`
`3.
`
`Opposer is the owner of U.S. trademark registration No. 2,450,263 granted May 8, 2001
`
`for the mark "RAGSPORT" in International Class 25 for the goods of "men's, women's and
`
`children's clothing, namely, dresses, skirts, shirts, blouses, pants, overalls, jackets, coats, vests,
`
`shorts, t-shirts, sweatshirts, sweaters, swimsuits, headwear, socks, hosiery, pajamas, underwear,
`
`belts, scarves, ties, gloves, shoes, boots, sneakers, sandals and slippers." This mark has been in
`
`use in commerce for goods in International Class 25 since at least August 1997. A copy of the
`
`registration and the recordation in the United States Patent and Trademark Office of the
`
`assignment of the mark to Opposer are attached hereto, and made part hereof as Opposer's
`
`
`
`‘ Exhibit A1. Opposer is also the applicant ofU.S. trademark application Serial No. 76/363,509
`
`filed January 28, 2002 for the mark "RAGSPORT" in International Class 18 for the goods of
`
`"handbags, purses, backpacks, wallets, billfolds, credit card cases, tote bags, duffle bags, and
`
`umbrellas." A copy of the application is attached hereto as Exhibit A2.
`
`4.
`
`Opposer is the owner of U.S. trademark registration No. 2,901,881 granted
`
`November 9, 2004 for the mark "R.A.G." (& design) in International Class 25 for the goods of
`
`"men's, women's and children's clothing, namely, dresses, skirts, shirts, blouses, pants, overalls,
`
`jackets, coats, vests, shorts, T-shirts, sweatshirts, sweaters, swimsuits, headwear, socks, hosiery,
`
`pajamas, underwear, belts, scarves, ties, gloves, shoes, boots, sneakers, sandals and slippers."
`
`This mark has been in use in commerce for goods in International Class 25 since at least
`
`September 15, 1998. A copy of this registration is attached hereto as Exhibit B.
`
`5.
`
`Opposer is the owner of U.S. trademark registration No. 2,955,189 granted May
`
`24, 2005 for the mark "RAG" (& design) in International Class 25 for the goods of "men's,
`
`women's and children's clothing, namely, dresses, skirts, shirts, blouses, pants, overalls, jackets,
`
`coats, vests, shorts, t-shirts, sweatshirts, sweaters, swimsuits, headwear, socks, hosiery, pajamas,
`
`underwear, belts, scarves, ties, gloves, shoes, boots, sneakers, sandals, and slippers." This mark
`
`has been in use in commerce for goods in International Class 25 since at least January 1, 1998.
`
`A copy of the registration is attached hereto as Exhibit C1. Opposer is also the applicant of U.S.
`
`trademark application Serial No. 76/363,508 filed January 28, 2002 for the mark "RAG" (&
`
`design) in International Class 18 for the goods of "handbags, purses, backpacks, wallets,
`
`billfolds, credit card cases, tote bags, duffle bags, and umbrellas" and in International Class 35
`
`for services of "retail clothing services." A copy of this application is attached hereto as Exhibit
`
`
`
`' C2.
`
`6.
`
`Opposer is the applicant of U.S. trademark application Serial No. 76/505,806 filed
`
`April 11, 2003 for the mark "RAG" in International Class 25 for the goods of "women’s and
`
`children’s clothing, namely, dresses, skirts, shirts, blouses, pants, overalls, jackets, coats, vests,
`
`shorts, t-shirts, sweatshirts, sweaters, hosiery, and pajamas, in International Class 25 for the
`
`goods of “men’s, women’s and children’s clothing, namely, swimsuits, headwear, socks,
`
`underwear, belts, scarves, ties, gloves, shoes, boots, sneakers, sandals and slippers," and in
`
`International Class 35 for the services of “retail clothing services.” This mark has been in use for
`
`the latter goods in Intemational Class 25 since at least January 1, 1998. A copy of the
`
`application is attached hereto as Exhibit D.
`
`7.
`
`Notwithstanding Opposer's prior rights in and to said marks, Applicant, on May 3,
`
`2004, filed an application for registration of the trademark "RAGS IN MOTION" in International
`
`Class 25 for "clothing, namely, shirts, pants, jackets, coats, blouses, skirts, dresses, socks, hats,
`
`gloves, mittens, scarves, overalls, body socks, stockings, underwear, and tops." Said application
`
`was given Serial No. 78/412,130 and the mark was published for Opposition in the Oflicial
`
`Gazette on May 17, 2005 at page TM 303, International Class 25 and is an intent-to-use
`
`application.
`
`8.
`
`The goods for which Applicant seeks to register its "RAGS IN MOTION" term
`
`are identical to, substantially similar to or of the same general type of goods as the goods sold in
`
`connection with the retail store goods and services of Opposer under its "R.A.G.” (& design),
`
`"RAG" (& design), “RAGSPORT” and "RAG" marks.
`
`9.
`
`Since long prior to May 3, 2004, Opposer has become extensively associated with
`
`
`
`.
`
`retail sales of men’s, 'women's and children's clothing and accessories by virtue of its
`
`contemporarily designed products. Opposer's customers include purchasers of apparel and
`
`accessories and are likely to include the same people before whom Applicant is using or
`
`intending to use the "RAGS IN MOTION" trademark. Applicant's customers or prospective
`
`customers are very possibly customers of Opposer, and would unwittingly believe that Opposer
`
`was directly or indirectly involved with the goods provided by Applicant. Users of Opposer's
`
`products are likely to believe, to be confused or deceived into thinking that Applicant's goods
`
`originate with, or in some way are associated with, connected with, sponsored, endorsed or
`
`authorized by Opposer. By reason of the substantially similar identity, appearance and sound of
`
`Applicant's alleged mark "RAGS IN MOTION" and Opposer's marks "R.A.G.” (& design),
`
`"RAG" (& design), “RAGSPOR ” and "RAG" and the likely overlapping of the class of
`
`customers and channels of trade, Applicant's alleged mark, when applied to its goods is likely to
`
`cause confusion or mistake, or to deceive, all to the injury or threatened injury of Opposer.
`
`10.
`
`Opposer has developed an exceedingly valuable amount of goodwill with respect
`
`to its marks "R.A.G.” (& design), "RAG" (& design), “RAGSPORT” and "RAG." By virtue of
`
`its efforts, and the expenditure of considerable sums of promotional activities and by virtue of
`
`the excellence of its products, Opposer has gained for its "R.A.G.” (& design), "RAG" (&
`
`design), “RAGSPOR ” and "RAG" marks a most valuable reputation.
`
`11.
`
`If Applicant is permitted to register "RAGS IN MOTION" as specified in the
`
`application herein opposed, confusion in the trade resulting in damage and injury to Opposer
`
`would be caused and would result by reason of the perception of a relationship between goods
`
`bearing the mark and name "RAGS IN MOTION" of Applicant and Opposer's goods and
`
`
`
`j services bearing the "R.A.G.” (& design), "RAG" (& design), “RAGSPORT” and "RAG" marks
`
`and names. In this respect, consumers may have the impression that goods and/or services of
`
`Opposer bearing the "R.A.G.” (& design), "RAG" (& design), “RAGSPOR ” and "RAG" marks
`
`and names, and the goods having the "RAGS IN MOTION" mark are being marketed, endorsed,
`
`approved or sponsored by Opposer. Persons familiar with the marks and names "R.A.G.” (&
`
`design), "RAG" (& design), “RAGSPOR ” and "RAG" of Opposer would likely buy Applicant's
`
`goods as goods marketed, endorsed, approved or sponsored by Opposer. Any such confusion in
`
`the trade inevitably would result in dilution of the goodwill created by Opposer. Furthermore,
`
`any defect, objection or fault found with Applicant's goods marketed under the "RAGS IN
`
`MOTION" mark would unnecessarily reflect upon and seriously injure the reputation which
`
`Opposer has established with respect to its goods and services associated with its "R.A.G.” (&
`
`design), "RAG" (& design), “RAGSPORT” and "RAG" marks and names.
`
`12.
`
`Based upon the foregoing, the registration of the mark depicted in Application
`
`Serial No. 78/412,130 filed May 3, 3004 on the Principal Register of the United States Patent
`
`and Trademark Office would cause injury and damage to Opposer.
`
`WHEREFORE, Opposer requests that registration of Applicant's mark "RAGS IN
`
`MOTION", Application Serial No. 78/412,130, in International Class 25, be denied and this
`
`opposition be sustained.
`
`Date: %]£ 2 U 3903/
`
`Respectfully submitted,
`
`By:D. PETER OCHBE G
`
`Reg. No. 24,603
`
`
`
`‘ DPH/sm
`
`D. PETER HOCHBERG CO., L.P.A.
`
`The Baker Building, 6"’ Floor
`1940 East 6"‘ Street
`Cleveland, Ohio 44114 — (216) 771-3800
`Attach: Exhibits Al, A2, B, C1, C2 & D; credit card payment form
`
`FEE PAYMENT
`
`( x)
`(
`)
`( x)
`
`Attached is a Credit Card Payment Form authorizing a charge of $300.00
`Attached is a Check for __
`Please charge Deposit Account No. 08-2441 for any extension or additional fees required.
`
`
`
`int. C1: 25
`
`Prior U.S. CIs.: 22 and 39
`-
`‘
`United States Patent and Trademark Offzce
`
`Reg. No. 2,450,263
`Registered May 3, 2991
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`RAGSPORT
`
`DOTS STORES, INC. (OHIO CORPORATION)
`30801 CARTER STREET
`SOLON, OH 44139
`
`TIES, GLOVES, SHOES, BOOTS, SNEAKERS, SAN-
`DALS AND SLIPPERS, IN CLASS 25 (U.S. CLS. 22
`AND 39).
`
`FOR: MEN‘S, WOMEN’S AND CHILDREN'S
`CLOTHING, NAMELY, DRESSES, SKIRTS, snuzrs,
`BLOUSES, PANTS, OVERALLS, JACKETS, COATS,
`VESTS, SHORTS, T-SHIRTS, SWEATSHIRTS, SWEA—
`TERS, SWIMSUITS, HEADWEAR, SOCKS, HOSI-
`ERY, PAJAMAS, UNDERWEAR, BELTS, SCARVES,
`
`_
`_
`.
`M R E8_ _,997
`FIRST USE8°1997'IN COM E C -
`0
`
`‘
`
`SN 75'93°»2”3» FILED 4'24"993-
`
`JERI J. FICKES_ EXAMINING ATTORNEY
`
`CLEVELAND, OHIO 441021799
`
`EXHIBIT
`_.!r,»1-§
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNDERSECRETARYOFCOMMERCEFORINTEUECTUALPROPERTYAND
`DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`NOVEMBER 02, 2004
`
`D. PETER HOCHBERG CO., L.P.A.
`3. PETER HOCHBERG
`1940 EAST 6TH STREET — 6TH FLOOR
`CLEVELAND, OH 44114
`
`PTAS
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`NOTICE OF RECORDATION OF ASSIGNMENT DOCUMENT
`
`THE ENCLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT DIVISION OF
`THE U.S. PATENT AND TRADEMARK OFFICE.
`A COMPLETE MICROFILM COPY IS
`AVAILABLE AT THE ASSIGNMENT SEARCH ROOM ON THE REEL AND FRAME NUMBER
`FEFERENCED BELOW.
`
`THE
`PLEASE REVIEW ALL INFORMATION CONTAINED ON THIS NOTICE.
`INFORMATION CONTAINED ON THIS RECORDATION NOTICE REFLECTS THE DATA
`
`PLEASE SEND REQUEST FOR CORRECTION TO: U.S. PATENT AND TRADEMARK OFFICE,
`ASSIGNMENT DIVISION, BOX ASSIGNMENTS, CG—4, 1213 JEFFERSON DAVIS HWY,
`SUITE 320, WASHINGTONf D.C. 20231.
`
`RECORDATION DATE} 05/11/2004
`
`CHANGE OF NAME
`BRIEF:
`DOCKET NUMBER: DT—1
`(#90413)
`
`AESIGNOR:
`
`DOTS,
`
`INC.
`
`ASSIGNEE:
`
`DOTS, LLC
`30801 CARTER STREET
`SOLON, OHIO 44139
`
`29Ta.>:»‘“i:AS
`APPLICATION NUMBER: 76343817
`REGISTRATION NUMBER:
`MARK:
`
`DRAWING TYPE:
`
`REEL/FRAME: 002966/0246
`NUMBER OF PAGES:
`4
`
`DOC DATE: 05/23/2003
`CITIZENSHIP:
`ENTITY: CORPORATION
`
`CITIZENSHIP: DELAWARE
`ENTITY: LIMITED LIABILITY COMPANY
`
`FILING DATE:
`ISSUE DATE:
`
`jg, P.O. Box 1450, Alexandria, Virginia 22313-1450 -WWW.USPTO.GOV
`
`
`
`
`
`002966/0246 PAGE 2
`
`nwhQOA:\T
`1
`\.2 av\a
`APPLICATION NUMBER: 763 635“8
`REGISTRATION NUMBER:
`
`PILING DATE-:
`ISSUE’ DATE:
`
`MARK:
`
`DRAWING TYPE:
`
`.,
`,
`,
`_WI__ ,,.., ,
`{J35fiW%flfi§
`APPLICATION NUMBER: 75472625
`REGISTRATION NUMBER:
`
`3
`FILING DATE:
`ISSUE DATE:
`
`MARK:
`
`DRAWING TYPE:
`
`,:
`..
`'?TU.§i”ii“‘:§f.~3
`APPLICATION NUMBER: 75473546‘
`REGISTRATION NUMBER.
`
`MARK:
`DRAWING TYPE:
`
`,
`.
`._
`DTow£6$3£,:£:S
`APPLICATION NUMER: 76505806
`REGISTRATION NUMBER:
`
`MARK:
`
`DRAWING TYPE:
`
`_,
`AfH%%fiWUhX
`APPLICATION NUMBER: 73455198
`REGISTRATION NUMBER: 1304292
`
`FILING DATE:
`ISSUE DATE:
`
`FILING DATE:
`ISSUE DATE:
`
`FILING DATE: 12/02/1983
`ISSUE DATE: 11/06/1984
`
`MARK: BOBBI GEE
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`E“'5?'€.s3fl’3 1/L‘:
`APPLICATION NUMBER: 73455263
`REGISTRATION NUMBER: 1304293
`
`FILING DATE: 12/02/1983
`ISSUE DATE: 11/06/1984
`
`MARK: BOBBI GEE
`DRAWING TYPE: STYLIZED WORDS, LETTERS, OR NUMBERS
`DTbgQ%Uw;
`APPLICATION NUMBER: 73701665
`REGISTRATION NUMBER: 1502671
`
`FILING DATE: 12/18/1987
`ISSUE DATE: 08/30/1988
`
`MARK: DOTS
`
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS AND DESIGN
`DTO./M01/2.S
`-
`APPLICATION NUMBER: 75678455
`FILING DATE: 04/09/1999
`REGISTRATION NUMBER: 2568849
`ISSUE DATE: 05/14/2002
`
`MARK: DOTS
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`DT0382L/LS -
`APPLICATION NUMBER: 76363510
`REGISTRATION NUMBER: 2748444
`
`FILING DATE: 01/28/2002
`ISSUE DATE: 08/05/2003
`
`MARK: MKM
`
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`
`
`
`
`
`002966/0246 PAGE -3
`
`I/Tfijdfflfici
`LPPLI:ATION NUMBER: 75980219
`REGISTRATION NUMBER: 2450264
`
`MARK: MKM
`
`FILING DATE: 04/23/1998
`ISSUE DATE: 05/08/2001
`
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`1/°T(‘)‘F:>2L"!{x’iE=
`APPLICATION NUMBER: 74720243
`REGISTRATION NUMBER: 2051546
`
`FILING DATE: 08/25/1995
`ISSUE DATE: 04/08/1997
`
`MARK: MKM
`
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`PTO?M?.3i~-’*~E- 2
`' APPLICATION NUMBER: 75980218
`REGISTRATION NUMBER: 2450263
`
`FILING DATE: 04/24/1998
`ISSUE DATE: 05/08/2001
`
`MARK: RAGSPORT
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`.DTD?:0!(’H/15‘
`APPLICATION NUMBER: 73787493
`REGISTRATION NUMBER: 1601518
`
`FILING DATE: 03/20/1989
`ISSUE DATE: 06/12/1990
`
`MARK: RETAIL APPAREL GROUP
`
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS AND DESIGN
`lT\'O-4’2—‘z3 U1 8‘
`APPLICATION NUMBER: 76374793
`REGISTRATION NUMBER: 2671893
`
`FILING DATE: 02/21/2002
`ISSUE DATE: Ol/O7/2003
`
`MARK: ALL THE TRENDS...NONE OF THE PRICES
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`1?T’0i‘1-5:717] U1 3'”
`APPLICATION NUMBER: 76410596
`REGISTRATION NUMBER: 2768884
`
`FILING DATE: 05/20/2002
`ISSUE DATE: 09/30/2003
`
`MARK: DOTS.COM
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`
`PAULA MCCRAY, EXAMINER
`ASSIGNMENT DIVISION
`OFFICE OF PUBLIC RECORDS
`
`
`
`
`Trademark Electronic Search System (TESS)
`Page 1 of 2
`
`
`
`United States Patent and Trademark Office
`Home I site Index I Search I FAQ I Glossary I Guides I Contacts I eausiness I am:
`alerts I News I Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`Trademark Electronic Search System(Tess)
`
`TESS was last updated on Tue Jun 14 03:52:59 EDT 2005
`
`
`
`Please logout when you are done to release system resources allocated
`
`for you.
`
`Record 1 out of 1
`
`(TARR contains current status, correspondence address and
`attorney of record for this mark. Use the "Back" button of the Internet
`Browser to return to TESS)
`
`Typed Drawing
`
`Word Mark
`
`RAGSPORT
`
`Goods and
`Services
`I:":;';°'aW'"9
`
`IC 018. US 001 002 003 022 041. G & S: Handbags, purses, backpacks, wallets,
`billfolds, credit card cases, tote bags, duffle bags, and umbrellas
`(1) TYPED DRAWING
`
`Serial Number
`
`76363509
`
`Filing Date
`
`January 28, 2002
`
`Current Filing
`Basis
`
`Original Filing
`Basis
`
`1B
`
`1B
`
`Owner
`
`(APPLICANT) Dots, Inc. CORPORATION OHIO 30801 Carter Street Solon OHIO
`44139
`
`Qgggrgy °f
`Prioy
`-
`
`Registrations
`Type of Mark
`Register
`h.'¥.?é'§::“
`
`D. Peter Hochberg
`2450263
`
`TRADEMARK
`PRINCIPAL
`WE
`
`mt
`
`L: LHLA KL.U..|NL.
`
`
`
`EXHIBIT
`Q 3
`CLEvELAND_ we WW9
`
`http://tess2.uspto.gov/bin/showfle1d?1%doc&state=b1b9a.3.1
`
`6/14/2005
`
`
`
`
`
`Int. Cl.: 25
`
`Prior U.S. Cls.: 22 and 39
`
`Reg. No. 2,901,881
`United States Patent and Trademark Office
`Registered Nov. 9, 2004
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`I‘.
`
`-S
`
`DOTS, LLC (OHIO CORPORATION)
`30801 CARTER STREET
`SOLON, OH 44139
`
`TIES, GLOVES, SHOES, BOOTS, SNEAKERS, SAN-
`DALS AND SLIPPERS, IN CLASS 25 (US. CLS. 22
`AND 39).
`
`FOR: MEN’S, WOMEN’S AND CHILDREN’S
`CLOTHING, NAMELY, DRESSES, SKIRTS, SHIRTS,
`BLOUSES, PANTS, OVERALLS, JACKETS, COATS,
`VESTS, SHORTS, T-SHIRTS, SWEATSHIRTS, SWEA-
`TERS, SWIMSUITS, HEADWEAR, SOCKS, HOSI-
`ERY, PAJAMAS, UNDERWEAR, BELTS, SCARVES,
`
`FIRST USE 9-15-1998; IN COMMERCE 9-15-1998.
`
`SN 75-472,625, FILED 4-23-1998.
`
`MONIQUE MILLER, EXAMINING ATTORNEY
`
`CLEVELAND. OHIO 441024799
`
`
`
`
`
`Int. Cl.: 25
`
`A,
`
`Prior U.S. C1s.: 22 and 39
`
`Reg. No. 2,955,189
`United States Patent and Trademark Office
`Registered May 24, 2005
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`RIG
`I
`
`DOTS, LLC (DELAWARE LTD LIAB CO)
`30801 CARTER STREET
`SOLON, OH 44139
`
`TIES, GLOVES, SHOES, BOOTS, SNEAKERS, SAN-
`DALS AND SLIPPERS, IN CLASS 25 (U.S. CLS. 22
`AND 39).
`
`FOR: MEN’S, WOMEN’S AND CHILDREN’S
`CLOTHING, NAMELY, DRESSES, SKIRTS, SHIRTS,
`BLOUSES, PANTS, OVERALLS, JACKETS, COATS,
`VESTS, SHORTS, T-SHIRTS, SWEATSHIRTS, SWEA-
`TERS, SWIMSUITS, HEADWEAR, SOCKS,
`I-IOSI-
`ERY, PAJAMAS, UNDERWEAR, BELTS, SCARVES,
`
`FIRST USE 1-1-1998; IN COMMERCE 1-1-1998.
`
`SN 75-473,546, FILED 4-24-1998.
`
`MONIQUE MILLER, EXAMINING ATTORNEY
`
`CLEVELAND. OHIO 44102-1799
`
`EXHIBIT
`Ci
`
`
`
`,ITrademark Electronic Search System (TESS)
`
`Page 1 0f2
`
`
`
`United States Patent and Trademark‘ Office
`Home I Site Index I Search I FAQ I Glossary I Guides I Contacts I eBusiness I eBiz
`alerts I News I Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`Trademark Electronic Search System(Tess)
`TESS was last updated on Tue Jun 14 03:52:59 EDT 2005
`
`N"EWUSE.R
`
`
`STRUKTURED F3155 Fog” l‘:'lrt.r.mr.~,;r:sl‘.1n::t:‘
`
`
`
`"EXHIBIT
`,Ca
`CLEVELAND, OH|O 441024799
`
`Please logout when you are done to release system resources allocated
`
`for you.
`
`Record 1 out of 1
`
`(TARR contains current status, correspondence address and
`attorney of record for this mark. Use the "Back" button of the Internet
`Browser to return to TESS)
`
`Word Mark
`
`Goods and
`Services
`
`Mark Drawing
`Code
`
`Design Search
`Code
`
`RAG
`
`IC 018. US 001 002 003 022 041. G & S: Handbags, purses, backpacks, wallets,
`billfolds, credit card cases, tote bags, duffle bags, and umbrellas
`
`IC 035. US 100 101 102. G & S: Retail clothing store services
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`090101 090901
`
`Serial Number
`
`76363508
`
`Filing Date
`
`January 28, 2002
`
`Current Filing
`Basis
`
`Original Filing
`Basis
`
`Owner
`
`Assignment
`
`1B
`
`1B
`
`(APPLICANT) DOTS, LLC LIMITED LIABILITY COMPANY DELAWARE 30801
`CARTER STREET SOLON OH|O 44139
`
`http://tess2.uspto.gov/bin/showfield?%doc&state=b1b9a.4.1
`
`6/14/2005
`
`
`
`
`.dTrademark Electronic Search System (TESS)
`Page 2 of 2
`
`‘ Recorded
`Qgggrgy °f
`Eggirstrations
`
`Disclaimer
`
`Type of Mark
`Register
`
`LivelDead
`Indicator
`
`ASSIGNMENT RECORDED
`D. Peter Hochberg
`2450263
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RAG" APART
`FROM THE MARK AS SHOWN
`
`TRADEMARK. SERVICE MARK
`PRINCIPAL
`
`LIVE
`
`
`
`HELP
`
`I.HOME I SITE INDEX] SEARCH I eBUSiNESS I HELP I PRIVACY POLICY
`
`http://tess2.uspto.gov/bin/showfie1d?f=doc&state=b 1b9a.4. 1
`
`6/14/2005
`
`
`
`
`
`{Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`
`
`United States Patent and Trademarkoffice
`
`Home I Site Index I Search I FAQ I Glossary I Guides I Contacts I eBusiness I eBiz
`alerts I News I Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`Trademark Electronic Search System(Tess)
`
`TESS was last updated on Tue Jun 14 03:52:59 EDT 2005
`
`Newman
`
`fiiiuswrw
`
`
`
`HELP
`
`Please logout when you are done to release system resources allocated
`
`for you.
`
`RecordI1 out of 1
`(TARR contains current status, correspondence address and
`attorney of record for this mark. Use the "Back" button of the Internet
`Browser to return to TESS)
`
`Typed Drawing
`
`Word Mark
`
`RAG
`
`Goods and
`Services
`
`IC 025. US 022 039. G & 8: (Based on Use in Commerce) Women's and children's
`clothing, namely, dresses, skirts, shirts, blouses, pants, overalls, jackets, coats,
`vests, shorts, t-shirts, sweatshirts, sweaters, hosiery, and pajamas (Based on Intent
`to Use) Men's, women's and children's clothing, namely, swimsuits, headwear, socks,
`underwear, belts, scarves, ties, gloves, shoes, boots, sneakers, sandals and slippers.
`FIRST USE: 19980101. FIRST USE IN COMMERCE: 19980101
`
`IC 035. US 100 101 102. G & S: (Based on Intent to Use) Retail clothing services
`
`Mark
`
`Drawing
`Code
`
`Serial
`Number
`
`(1) TYPED DRAWING
`
`76505806
`
`Filing Date
`
`April 11, 2003
`
`Current
`Filing Basis
`Original
`Filing Basis
`Owner
`
`_
`1’°"1B
`_
`1A’1B
`(APPLICANT) DOTS, LLC LIMITED LIABILITY COMPANY DELAWARE 30801
`CARTER STREET SOLON OHIO 44139
`
`Assignment
`Recorded
`
`ASSIGNMENT RECORDED
`
`http://tess2.uspto.gov/bin/showfie1d?f=doc&state=b1b9a.5.1
`
`6/14/2005
`
`
`
`2 Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`e
`
`f
`
`.
`.
`Att
`Katherine R. Vueyra
`I Regggy °
`Type of Mark TRADEMARK. SERVICE MARK
`Register
`PRINCIPAL
`LiveIDead
`Indicator
`
`LIVE
`
`M-rwusm smmm .:m,.-W
`
`|.HOME I SITE INDEXI SEARCH I eBUS|NESS I HELP I PRIVACY POLICY
`
`http://tess2.uspto.gov/bin/showfield?%doc&state=b1b9a.5.1
`
`6/14/2005
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
