IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TTAB
`
`___________________________________________________________X
`
`All Things Moose LLC
`
`Opposer,
`
`v.
`
`Krafti, Inc.
`
`Cancellation No. 91169528
`
`Applicant.
`
`:
`
`Serial No. 78/413,171
`
`_
`»
`_—£D55fi5UBE35U$
`
`..........___.__--______..____-________________-_________-___x
`
`CERTIFICATE OF EXPRESS MAIL
`Mmmmmmm
`ED%%%%5
`Date of Deposit:
`April 10, 2006
`I hereby certify that this correspondence is being
`deposited with the United States Postal Service
`Express Mail Post Office to Addressee service under
`C.F.R. 1.10 on the date indicated above and is
`addressed to: U.S. Patent and Trademark Office,
`Trademark Trial and Appeal Board, Madison East,
`Concourse Level, Room C55, 600 Dulany Street,
`Alexandria, VA 22314.
`
`Z
`
`Carol Desmond
`
`[N26] Z
`
`[Signature]
`
`ANSWER TO NOTICE OF OPPOSITION
`
`Sir:
`
`The Applicant, Krafti, lnc., by its attorney, in response and in answer to the Notice of Opposition of
`
`All Things Moose LLC denies and alleges as follows:
`
`Page 1 of 5
`
`l||l|ll||||||I|||||||||||l||l||||||||||II|I|||||||
`
`04-1 1-2006
`U.S. Patent & TMOfcITM Mail Rcpt Dt. 3|:
`
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TTAB
`
`___________________________________________________________X
`
`All Things Moose LLC
`
`Opposer,
`
`v.
`
`Krafti, Inc.
`
`Cancellation No. 91169528
`
`Applicant.
`
`:
`
`Serial No. 78/413,171
`
`_
`»
`_—£D55fi5UBE35U$
`
`..........___.__--______..____-________________-_________-___x
`
`CERTIFICATE OF EXPRESS MAIL
`Mmmmmmm
`ED%%%%5
`Date of Deposit:
`April 10, 2006
`I hereby certify that this correspondence is being
`deposited with the United States Postal Service
`Express Mail Post Office to Addressee service under
`C.F.R. 1.10 on the date indicated above and is
`addressed to: U.S. Patent and Trademark Office,
`Trademark Trial and Appeal Board, Madison East,
`Concourse Level, Room C55, 600 Dulany Street,
`Alexandria, VA 22314.
`
`Z
`
`Carol Desmond
`
`[N26] Z
`
`[Signature]
`
`ANSWER TO NOTICE OF OPPOSITION
`
`Sir:
`
`The Applicant, Krafti, lnc., by its attorney, in response and in answer to the Notice of Opposition of
`
`All Things Moose LLC denies and alleges as follows:
`
`Page 1 of 5
`
`l||l|ll||||||I|||||||||||l||l||||||||||II|I|||||||
`
`04-1 1-2006
`U.S. Patent & TMOfcITM Mail Rcpt Dt. 3|:
`
`
`
`Preamble Paragraph Of Petition to Cancel:
`
`Applicant, Krafti, |nc., denies each and every allegation and averment of the Notice of Opposition,
`
`except as expressly admitted or othenivise denied as set forth herein below; and regarding the preamble
`
`paragraph of the Opposition denies that Opposer is and will continue to be damaged by pending Serial
`
`No. 78/565,918 as filed on February 11, 200 for the mark, THE BLACK MOOSE.
`
`1.
`
`Applicant admits to filing the above-identified pending Serial No. 78/413,171 for
`
`registration of the mark THE BLACK MOOSE on February 11, 2005 in International
`
`Classes 25 and 35 with respect to the following goods and services:
`
`
`
`namely, caps, earmuffs, hats, headbands, visors; infant wear; outenrvear,
`
`clothing, namely, aprons, bathing caps, bathing suits, bathing trunks,
`
`bathrobes, beach cover-ups, bed jackets, blouses, bottoms, boxer shorts,
`
`bras, briefs, costumes, coveralls, dresses, dungarees, slippers, gym
`
`shorts, hats, hosiery, jeans, knit shirts, lounge wear, lingerie, night
`
`gowns, night shirts, overalls, pajamas, panties, pants, play suits, robes,
`
`shirts, shoes, shorts, shower caps, skirts, sleep wear, sleep masks,
`
`socks, sweat suits, sun suits, sweaters, sweat t-shirts, tank tops,
`
`trousers, underpants, undershirts, undenrvear; accessories, namely,
`
`bandanas, belts, neckwear, scarves, suspenders, ties and wrist bands;
`
`footwear, namely, boots, clogs, sandals, shoes, slippers; head wear,
`
`namely, coats, jackets, shawls, vests
`
`advertising and business, namely, dissemination of advertising matter;
`
`mail order services, on-line retail store services; retail store and
`
`wholesale distributorships all featuring wearing apparel and accessories
`
`Page 2 of 5
`
`
`
`Applicant admits that the Application was based on Section 1[b] of the Trademark Act of
`
`1946, as amended [15 U.S.C. § 1051 et seq.] ["Act’7, claiming a bona fide intent to use the
`
`trademark in commerce. The Application was published in the Official Gazette dated
`
`January 24, 2006.
`
`Applicant is without knowledge or information sufficient to form a basis as to the truth of
`
`the allegation contained in Paragraph #3, and therefore denies same.
`
`As to paragraph #4, Applicant is without sufficient knowledge and information to form a
`
`basis therein, and thus, denies the allegations contained therein, leaving the Opposer to
`
`its strict proof at the trial of this cause.
`
`Applicant is without knowledge or information sufficient to form a basis as to the truth of
`
`the allegation contained in Paragraph #5, and therefore denies same.
`
`Applicant is without knowledge or information sufficient to form a basis as to the truth of
`
`the allegation contained in Paragraph #6, and therefore denies same.
`
`Applicant is without knowledge or information sufficient to form a basis as to the truth of
`
`the allegation contained in Paragraph #7, and therefore denies same.
`
`Applicant is without sufficient knowledge and information to form a basis therein, and
`
`thus, denies the allegations contained therein, leaving the Opposer to its strict proof at the
`
`trial of this cause.
`
`Applicant is without sufficient knowledge and information to form a basis therein, and
`
`thus, denies the allegations contained therein, leaving the Opposer to its strict proof at the
`
`trial of this cause.
`
`10.
`
`Applicant is without knowledge or information sufficient to form a basis as to the truth of
`
`the allegation contained in Paragraph #10, and therefore denies same.
`
`Page 3 of 5
`
`
`
`
`
`11.
`
`Applicant admits that issuance of a registration will give certain statutory rights in
`
`accordance with 15 U.S.C. 10576[b], but denies the allegations of paragraph #11 of the
`
`Notice of Opposition that such registration would be a source of damage and injury to the
`
`Opposer.
`
`First Defense:
`
`AFFIRMATIVE DEFENSES
`
`The use of THE BLACK MOOSE by All Things Moose, LLC has not met the criteria of the
`
`Lanham Act since the Opposer has not shown prior trademark use as early as May 2003.
`
`Second Defense:
`
`Krafti, Inc. has used the above-referenced mark on or in connection with goods and
`
`services with respect to International Classes 25 and 35 and has invested in the continued commercial
`
`use and economic promotion of the mark over a prolonged period of time as early as May 2003.
`
`In view of the foregoing, Applicant contends that this Opposition is groundless and
`
`baseless in fact; that Opposer has not shown wherein it will be, or is likely to be damaged by the
`
`registration of Applicant's trademark. Applicant requests that the Notice of Opposition be dismissed and
`
`the Applicant be granted rightful registration of its trademark.
`
`Respectfully submitted,
`
`By: CQLQ,-.. W
`
`Allen A. Meyer, Jr.
`24 Rock Ridge Avenue
`Greenwich, CT 06831
`Phone: (203) 661-6171
`Fax:
`(203) 861-7499
`Attorney for Applicant
`
`Dated:
`
`April 10, 2006
`
`Page 4 of 5
`
`
`
`CERTIFICATE OF SERVICE
`
`The person whose signature appears below confirms that the attached document, ANSWER TO
`
`NOTICE OF OPPOSITION, has been transmitted by Express Mail to:
`
`MCLANE, GRAF, RAULERSON & MIDDLETON, P.A.
`
`900 Elm Street
`
`P.O. Box 326
`
`Manchester, New Hampshire 03105-0326
`
`Attention: Mark A. Wright
`
`on this 10"‘ Day of April 2006.
`
`Page 5 of 5
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