Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA205952
`ESTTA Tracking number:
`04/18/2008
`
`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
`
`Eden Beauty Concepts, Inc.
`04/20/2008
`
`2885 Loker Avenue
`Carlsbad, CA 92010
`UNITED STATES
`
`Attorney
`information
`
`Joseph A. Mandour
`Mandour & Associates
`16870 West Bernardo Drive, Suite 400
`San Diego, CA 92127
`UNITED STATES
`jmandour@mandourlaw.com Phone:(858) 487-9300
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77162684
`04/18/2008
`
`Publication date
`Opposition
`Period Ends
`
`10/23/2007
`04/20/2008
`
`Profound Beauty Inc.
`32-02 Queens Boulevard
`Long Isand City, NY 11101
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 003.
`All goods and services in the class are opposed, namely: non-medicated shampoo and conditioner
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`Registration Date
`
`77371537
`
`NONE
`
`Word Mark
`Design Mark
`
`YOURS TRULY EUFORA
`
`Application Date
`
`01/14/2008
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA205952
`ESTTA Tracking number:
`04/18/2008
`
`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
`
`Eden Beauty Concepts, Inc.
`04/20/2008
`
`2885 Loker Avenue
`Carlsbad, CA 92010
`UNITED STATES
`
`Attorney
`information
`
`Joseph A. Mandour
`Mandour & Associates
`16870 West Bernardo Drive, Suite 400
`San Diego, CA 92127
`UNITED STATES
`jmandour@mandourlaw.com Phone:(858) 487-9300
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77162684
`04/18/2008
`
`Publication date
`Opposition
`Period Ends
`
`10/23/2007
`04/20/2008
`
`Profound Beauty Inc.
`32-02 Queens Boulevard
`Long Isand City, NY 11101
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 003.
`All goods and services in the class are opposed, namely: non-medicated shampoo and conditioner
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`Registration Date
`
`77371537
`
`NONE
`
`Word Mark
`Design Mark
`
`YOURS TRULY EUFORA
`
`Application Date
`
`01/14/2008
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 2006/08/20 First Use In Commerce: 2006/10/08
`hair care products, namely, shampoos, conditioners, styling gels and hair
`sprays; skin care products namely, bath salts, body lotion and body oils
`Class 041. First use: First Use: 2006/08/20 First Use In Commerce: 2006/10/08
`education services, namely, providing classes, seminars, workshops in the field
`of hair care and body care
`
`Attachments
`
`77371537#TMSN.jpeg ( 1 page )( bytes )
`Notice of Opposition TRULY YOURS 04-18-08 Final.pdf ( 5 pages )(25347 bytes
`)
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/jm/
`Joseph A. Mandour
`04/18/2008
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Trademark Application Serial No. 77/162,684
`Published in the Official Gazette (Trademarks) on October 23, 2007
`Mark: TRULY YOURS
`
`Eden Beauty Concepts, Inc.,
`
`Opposer,
`
`vs.
`
`Profound Beauty Inc.,
`
`Applicant.
`
`Opposition No.
`
`\—/\-/\_/\_/\_/\_/\_/\_/\_/\_/
`
`United States Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`NOTICE OF OPPOSITION
`
`Eden Beauty Concepts, Inc., a California corporation with a principal place of business at
`
`2885 Loker Avenue, Carlsbad, California 92010 (hereinafter "the Opposer"), believes that it will be
`
`damaged by the registration by Profound Beauty Inc. (hereinafter "the Applicant") of the above-
`
`identified mark and hereby opposes the same.
`
`As grounds of opposition, it is alleged that:
`
`1.
`
`The Applicant seeks to register TRULY YOURS as a trademark for “Class 003:
`
`nommedicated shampoo and conditioner” as is evidenced by the publication of said mark in the
`
`Official Gazette on October 23, 2007.
`
`
`
`2.
`
`Opposer has continuously used its YOURS TRULY and YOURS TRULY EUFORA
`
`trademarks in interstate commerce since at least as early as October 8, 2006 in regard to a wide
`
`array of goods and services including, but not limited to, hair care products, skin care products, and
`
`education services in the field of hair care and body care.
`
`3.
`
`Opposer is the owner of Application Serial No. 77/371,537 for the mark YOURS
`
`TRULY EUFORA (+Design) filed for “hair care products, namely, shampoos, conditioners, styling
`
`gels and hair sprays; skin care products namely, bath salts, body lotion and body oils in Class 003;
`
`and education services, namely, providing classes, seminars, workshops in the field of hair care
`
`and body care in Class 041”. In View of the similarity of the respective marks and the related
`
`nature of the goods and services of the respective parties, it is alleged that Applicant's mark so
`
`resembles Opposer's mark, as to be likely to cause confusion, or to cause mistake, or to deceive.
`
`4.
`
`There is no issue of priority. Applicant has not yet claimed a date of first use of its
`
`mark. Opposer’s date of first use in interstate commerce is at least as early as October 8, 2006.
`
`Opposer’s use of its mark has been valid and continuous since said date of first use and has not been
`
`abandoned.
`
`5.
`
`Opposer’s valid and continuous use of its mark has developed exceedingly valuable
`
`goodwill and recognition.
`
`6.
`
`By virtue of its efforts and the expenditure of considerable sums for promotional
`
`2
`
`
`
`materials, advertisements, and the quality of its goods and services, Opposer has gained a valuable
`
`reputation for its mark for use in relation to a variety of goods and services.
`
`7.
`
`If Applicant is permitted to use and register its mark as specified in the application
`
`herein opposed, confusion is likely to result because the commercial impression of the marks are
`
`confusingly similar. The marks are also similar as to sound and appearance in that both marks
`
`contain the identical terms “TRULY” and “YOURS”. Therefore, it is very likely that persons
`
`familiar with Opposer’s mark would assume that Applicant was associated with Opposer and any
`
`such confusion would inevitably result in damage to Opposer. Furthermore, any objection or fault
`
`found with Applicant's goods and/or services would necessarily reflect upon and seriously injure the
`
`reputation that Opposer has established under its mark. Thus, if Applicant is allowed to use and
`
`register TRULY YOURS the resulting confusion and assumed affiliation will be damaging to the
`
`Opposer’s established goodwill and/or Applicant’s use of TRULY YOURS as a mark will dilute the
`
`Opposer’s mark in violation of Section 43 (c) of the Trademark Act.
`
`8.
`
`Further, if Applicant is granted the registration herein opposed, it would thereby
`
`obtain at least a prima facie exclusive right to the use of its mark, and would appropriate the
`
`considerable goodwill and recognition that Opposer has established through its exclusive marketing
`
`and use. Such registration would be a source of damage and injury to Opposer.
`
`WHEREFORE, Opposer prays that the Application Serial No. 77/162,684 be rejected, and
`
`that registration of the mark therein sought be denied and refused.
`
`
`
`Opposer has appointed Joseph A. Mandour, Mandour & Associates, 16870 West Bernardo
`
`Drive, Suite 400, San Diego, CA 92127, a member of the bar of the State of California, as agent and
`
`attorney in the matter of the opposition above—identified, to prosecute said opposition, to transact all
`
`business in the United States Patent & Trademark Office and in the United States courts in
`
`connection with this opposition, to sign his name to all papers which may hereinafter be filed in
`
`connection therewith, and to receive all communications relating to the same.
`
`Respectfully submitted,
`
`By:
`
`/JAM/
`
`Joseph A. Mandour, Esq.
`Mandour & Associates
`
`16870 West Bernardo Drive, Suite 400
`
`San Diego, California 92127
`(858) 487-9300
`
`Attorney for Opposer
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a true and correct copy of the foregoing NOTICE OF
`OPPOSITION was sent by first class mail, postage prepaid, this 18"‘ day of April to Applicant’s
`counsel, Randy Friedberg, Olshan Grundman Frome Rosenzweig & Wolos, 65 E. 55"‘ Street, Floor
`3, New York, New York 10022-3402.
`
`Date:
`
`J ‘g’
`
`i
`
`l M4
`
`Kim B ce
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