Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA96855
`ESTTA Tracking number:
`08/29/2006
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Granted to Date
`of previous
`extension
`Address
`
`Chanel, Inc.
`09/03/2006
`
`9 West 57th Street
`New York, NY 10019
`UNITED STATES
`
`Attorney
`information
`
`Susan Upton Douglass
`Fross Zelnick Lehrman & Zissu, P.C.
`866 United Nations Plaza
`New York, NY 10017
`UNITED STATES
`sdouglass@frosszelnick.com Phone:212-813-5995
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`78622580
`08/29/2006
`
`Publication date
`Opposition
`Period Ends
`
`03/07/2006
`09/03/2006
`
`DLC Dermacare LLC
`Suite 240 4835 E. Cactus Road
`Scottsdale, AZ 85254
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 003.
`All goods and sevices in the class are opposed, namely: Cosmetics
`
`Attachments
`
`060829-0607481-Notice of Opposition-DERMALLURE-DLC Dermacare LLC-
`ss.pdf ( 3 pages )(73814 bytes )
`
`Signature
`Name
`Date
`
`/Susan Upton Douglass/
`Susan Upton Douglass
`08/29/2006
`
`
`ESTTA96855
`ESTTA Tracking number:
`08/29/2006
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Granted to Date
`of previous
`extension
`Address
`
`Chanel, Inc.
`09/03/2006
`
`9 West 57th Street
`New York, NY 10019
`UNITED STATES
`
`Attorney
`information
`
`Susan Upton Douglass
`Fross Zelnick Lehrman & Zissu, P.C.
`866 United Nations Plaza
`New York, NY 10017
`UNITED STATES
`sdouglass@frosszelnick.com Phone:212-813-5995
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`78622580
`08/29/2006
`
`Publication date
`Opposition
`Period Ends
`
`03/07/2006
`09/03/2006
`
`DLC Dermacare LLC
`Suite 240 4835 E. Cactus Road
`Scottsdale, AZ 85254
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 003.
`All goods and sevices in the class are opposed, namely: Cosmetics
`
`Attachments
`
`060829-0607481-Notice of Opposition-DERMALLURE-DLC Dermacare LLC-
`ss.pdf ( 3 pages )(73814 bytes )
`
`Signature
`Name
`Date
`
`/Susan Upton Douglass/
`Susan Upton Douglass
`08/29/2006
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposer's Ref:
`CNI USA TC-06/07481
`
`In the Matter of Application Serial No. 78/622,580
`Published in the Official Gazette on March 7, 2006
`Mark: DERMALLURE
`
`.............................................................--x
`
`Opposition No.
`
`: :
`
`'
`
`Chanel, Inc.
`
`Opposer,
`
`- against -
`
`DLC Dermacare LLC
`
`Applicant.
`
`_____________________________________________________________——x
`
`NOTICE OF OPPOSITION
`
`Chanel, Inc., a New York corporation organized and existing under the laws of the State
`
`of New York, located and doing business at 9 West 57th Street, New York, New York 10019,
`
`believes that it would be damaged by the issuance of a registration for the trademark shown in
`
`Application Serial No. 78/622,580 for the mark DERMALLURE in Class 3, and therefore
`
`opposes the same. As grounds for its opposition, Opposer, alleges as follows:
`
`1. Opposer is the owner of the trademark ALLURE for an array of fragrance and
`
`toiletries products, including perfume, eau de toilette, body lotion, moisturizer, soaps, cleansing
`
`gel, hair care products, after shave and deodorant. The mark has been used by Opposer since at
`
`least as early as March 15, 1996, and there have been extensive sales under the ALLURE
`
`trademark throughout the United States.
`
`
`
`
`
`2. As a result of Opposer's use in commerce of the ALLURE mark for various Class 3
`
`goods for more than a decade, the ALLURE mark has acquired enormous value and has become
`
`famous and well-known to the consuming public and the trade as identifying and distinguishing
`
`goods exclusively from Opposer.
`
`3. Opposer is the owner of the following registrations:
`
`- ALLURE (Stylized), Reg. No. 635,700, registered 1956 for perfume (by
`Opposer’s predecessor-in-interest).
`
`- ALLURE, Reg. No. 2,025,798, registered 1996 for perfume, eau de toilette, body
`lotion, and moisturizer.
`
`- ALLURE, Reg. No. 2,598,290, registered 2002 for hair care, fragrance and
`toiletry products, namely, hair spray; soap and cleansing gel.
`
`- ALLURE HOMME, Reg. No. 2,370,933, registered 2000 for fragrances and
`toiletries, namely, eau de toilette, after shave, skin moisturizer, personal
`deodorant, toilette soap and shower gel for cleaning hair and body.
`
`These registrations are valid and subsisting and Reg. Nos. 635,700, 2,025,798 and 2,370,933
`
`have become incontestable under Section 15 of the Trademark Act.
`
`3. On May 4, 2005, Applicant filed an intent-to-use application to register the mark
`
`DERMALLURE for “cosmetics.”
`
`4. On information and belief, no use of the mark DERMALLURE was made by the
`
`Applicant prior to the filing date of May 4, 2005.
`
`5. The mark DERMALLURE sought to be registered by Applicant is strikingly similar
`
`in sound, appearance, meaning and commercial impression to Opposer’s registered and long-
`
`used trademark ALLURE. The goods covered in the Applicant’s application are identical to or
`
`closely related to 0pposer’s ALLURE products now in use and covered by its registrations.
`
`6. The mark DERMALLURE sought to be registered by Applicant is so similar to
`
`Opposer’s mark ALLURE, with both marks for goods classified as cosmetics in Class 3, as to be
`
`
`
`
`
`likely to cause confusion, or to cause mistake, or to deceive the purchasing public by creating the
`
`erroneous impression that Applicant’s goods are authorized, licensed or sponsored by Opposer,
`
`or in some other way connected with Opposer, all to Opposer’s great injury and harm.
`
`7. Because Opposer‘s ALLURE mark is famous, Applicant's use and registration of the
`
`mark DERMALLURE for cosmetics will dilute the distinctiveness of Opposer’s mark by
`
`blurring.
`
`8. The registration of Applicant's DERMALLURE mark for cosmetics is inconsistent
`
`with Opposer’s prior rights in the ALLURE mark and is inconsistent with Opposer’s statutory
`
`grant of exclusivity of use of the registered ALLURE mark, and would destroy Opposer’s
`
`investment and good will in its ALLURE mark. Accordingly, Applicant's use and registration of
`
`the mark DERMALLURE for cosmetics is in Violation of Sec. 43(c) of the Federal Trademark
`
`Act, 15 U.S.C. §1125 (c).
`
`WHEREFORE, Opposer requests that its Notice of Opposition be granted and that
`
`registration of the mark DERMALLURE for cosmetics in Class 3 be denied.
`
`Dated:
`
`New York, New York
`August 29, 2006
`
`Respectfully submitted,
`
`FROSS ZELNICK LEHRMAN
`
`& ZISSU, P.C.
`
` usan Upton Douglass
`
`Attorneys for Opposer
`866 United Nations Plaza
`
`New York, New York 10017
`(212) 813-5900
`
`I:\SDOUGLAS\CNl\060829-060748l-Notice of Opposition-DERMALLURE-DLC Derrnacare LLC-ss.d0C
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