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`GLENN A. GUNDERSEN
`
`Direct Tel: 215.994.2183
`
`Direct Fax: 215.655.2183
`
`glenn.gundersen@dechert.com
`
`August 19, 2005
`
`Commissioner for Trademarks
`P.O. Box 145 l
`,
`_
`_
`_
`Alexandria, Virginia 22313-1451
`
`Re:
`
`_
`_
`_
`Notice of Opposition
`
`Mark:
`
`FORTEZZA
`
`Applicant:
`Serial No.::
`
`Fortezza LLC
`76/583,033
`
`To the Commissioner for Trademarks:
`
`Enclosed for filing, on behalf of Fortessa Inc., are an original and one copy of a
`Notice of Opposition to the above-identified application.
`
`Please charge the opposition fee of three hundred dollars ($300) to Deposit Account
`No. 04-0475. Any underpayment can also be charged, or any refund credited, to
`this account.
`
`Respect
`
`lly submitted,
`
`
`A. Gundersen
`
`B051 0“
`
`B R u 5. s E L s
`
`c H A R L OTTE
`
`F R A N K F U RT
`
`Hmwisaune
`
`HART FORD
`
`LONID O N
`
`LUXEMBOURG
`
`MUNICH
`
`NEW VOFIK
`
`NEWPORT BEACH
`
`PALO ALTO
`
`PAH-S
`
`PHILADELPHIA
`
`GAGZIDSS
`
`pmmcnon
`
`Enclosures
`
`SANI FRANCISCO
`
`WASHINGTON
`
`
`4000 Bell Atlantic Tower - 1717 Arch Street - Philadelphia, PA 19103-2793 - Tel: 215.994.4000 - Fax: 215.994.2222 - www.dechert.com
`
`A
`
`08-19-2005
`U.S. Patent & TMOfcITM Mail Rcpt D1. #77
`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application of Fortezza LLC
`
`Mark: FORTEZZA
`
`Serial No.: 76/583,033
`
`Published in the Official Gazette of
`February 22, 2005
`
`FORTESSA, INC.
`
`v.
`FORTEZZA LLC
`
`Opposer,
`
`Applicant.
`
`Opposition No.
`
`I
`
`NOTICE OF OPPOSITION
`
`Opposer Fortessa Inc. (“Opposer”), a Virginia corporation with its principal place of
`
`business at 22601 Davis Drive, Sterling, Virginia 20164, believes that it will be damaged by the
`
`registration of the mark shown in Application Serial No. 76/583,033, and therefore opposes
`
`registration. The grounds for this opposition are as follows:
`
`1.
`
`Opposer has used the mark FORTESSA in commerce for dinnerware, flatware,
`
`glassware, servingware, and various other tabletop products in the United States. Opposer has
`
`used the mark on tabletop products since at least as early as 2000. Opposer has used the mark in
`
`commerce on dinnerware, flatware, glassware, and servingware products continuously since then.
`
`Opposer markets these products to commercial customers, retail customers, and individual
`00000150 040475
`76583033
`
`08/24/3005 WW1
`
`or rc:e4o2
`
`300.00 M
`
`

`
`
`
`consumers through independent sales representatives, through major retail chains, through its
`
`own retail store, and through the intemet. Opposer has also used FORTESSA in the commerce
`
`as the trade name for its business in the United States since at least as early as 2000.
`
`2.
`
`On December 29, 2000, Opposer filed an application with the U.S. Patent and
`
`Trademark Office to register FORTESSA on the Principal Register for “dishes, bowls, cups,
`
`saucers, pitchers, mugs, plates, serving platters, ramekins, sugar bowls, tea pots not of precious
`
`metal, coffee pots not of precious metal, gravy boats, butter dishes, creamers pitchers, serving
`
`trays not of precious metal, vases, salt and pepper shakers, and compotes dishes” in International
`
`Class 21, and for “ashtrays not of precious metal” in International Class 34. This application was
`
`designated as Serial No. 76/187,678 and was published for opposition on April 23, 2002. This
`
`application matured into a registration, which was designated Registration No. 2,594,039 and
`
`issued on July 16, 2002.
`
`3.
`
`On March 25, 2004, Applicant filed an intent-to-use application to register
`
`FORTEZZA on the Principal Register as a trademark for “retail store services and online retail
`
`store services featuring housewares, home furnishings, home accessories, indoor and outdoor
`
`fumiture, pillows, slipcovers, rugs, blanket throws, lamps and lighting fixtures, curtains, table
`
`linens, silk flowers, wreaths, candleholders, candles, clocks, paintings, framed photographs,
`
`posters, picture frames, mirrors, vases, pottery, books, photo albums, journals, notebooks, pencil
`
`cases, and fireplace tools and accessories” in International Class 35. This application was
`
`designated as Serial No. 76/583,033 and was published in the Oflicial Gazette on February 22,
`
`2005.
`
`

`
`
`
`4.
`
`The issue date of Opposer’s Registration No. 2,594,039 precedes the filing date of
`
`Applicant’s application Serial No. 76/583,033.
`
`5.
`
`On information and belief, Applicant has begun to use the FORTEZZA mark in
`
`commerce in connection with retail store services in the United States. On information and
`
`belief, Applicant’s first use of this mark postdates the issue date of Opposer’s Registration No.
`
`2,594,039.
`
`6.
`
`Prior to the filing date of Applicant’s application Serial No. 76/5 83,033, Opposer
`
`sold and otherwise distributed dinnerware, flatware, glassware, servingware, and other tabletop
`
`products and provided related retail services under the FORTESSA marks in commerce in the
`
`United States.
`
`7.
`
`8.
`
`Applicant’s FORTEZZA mark is similar to Opposer’s FORTESSA mark.
`
`Applicant is seeking to register its FORTEZZA mark for products and related
`
`retail store services that are identical or closely related to the products that Opposer sells under
`
`its FORTESSA mark and closely related to the retail services that Opposer provides under its
`
`FORTESSA mark.
`
`9.
`
`On information and belief, Applicant sells or intends to offer its products and
`
`related retail store services through the same channels of trade as Opposer’s products and related
`
`retail store services.
`
`10.
`
`In light of the foregoing, Applicant’s registration and use of FORTEZZA in
`
`connection with the products and related retail store services specified in Applicant’s application
`
`is likely to cause confusion or mistake or to deceive, or to create the false impression that
`
`

`
`
`
`App1icant’s products and services are provided by, related to, endorsed by, or associated with
`
`Opposer, all to the injury of Opposer’s rights in its mark and its reputation and identity.
`
`WHEREFORE, Opposer prays that Application Serial No. 76/583,033 be refiased
`
`registration and that this opposition be sustained.
`
`Respectfully submitted,
`
`A.
`
`undersen
`
`Erik Bertin
`
`DECHERT LLP
`
`4000 Bell Atlantic Tower
`
`1717 Arch Street
`
`Philadelphia, PA 19103-2793
`(215) 994-2183
`
`Attorneys for Opposer,
`FORTESSA, INC.
`
`Dated: August 19, 2005
`
`

`
`
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this Notice of Opposition is being deposited with the United States Postal
`Service as Express Mail, Post Office to Addressee, in an envelope addressed to: Commissioner
`for Trademarks, P.O. Box 1451, Alexandria, VA 22213-1451, Attention: Trademark Trial and
`
`Appeal Board, on August 19, 2005.
`
`Glenn A. Gundersen
`
`Person Signing Certificate
`
`ure
`
`August 19, 2005
`Date
`
`-
`
`EV443543901US
`Express Mail Number

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