Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA207067
`ESTTA Tracking number:
`04/24/2008
`
`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
`Entity
`Address
`
`Research In Motion Limited
`Corporation
`295 Phillip Street
`Waterloo, N2L 3W8
`CANADA
`
`Citizenship
`
`Canada
`
`Attorney
`information
`
`William R. Towns
`Novak Druce + Quigg LLP
`1000 Louisiana, 53rd Floor
`Houston, TX 77002
`UNITED STATES
`trademark@novakdruce.com Phone:(713) 571-3400
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77035474
`04/24/2008
`
`Publication date
`Opposition
`Period Ends
`
`03/25/2008
`04/24/2008
`
`LG Electronics Inc.
`20, Yoido-dong, Yongdungpo-gu
`Seoul,
`KOREA, REPUBLIC OF
`Goods/Services Affected by Opposition
`
`Class 009.
`All goods and services in the class are opposed, namely: Portable communications apparatus,
`namely, radios, handsets in the nature of cordless telephone apparatus, walkie-talkies, satellite
`telephones, land line telephones, digital cellular phones
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2672464
`
`01/07/2003
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`BLACKBERRY
`
`NONE
`
`Application Date
`
`12/28/1998
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Goods/Services
`
`Class 009. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`Electronic handheld units for the wireless receipt and/or transmission of data,
`that enable the user to keep track of or manage personal information; software
`for the redirection of messages, global computer network e-mail, and/or other
`data to one or more electronic handheld units from a data store on or associated
`with a personal computer or a server; and software for the synchronization of
`data between a remote station or unit and a fixed or remote station or unit
`
`U.S. Registration
`No.
`Registration Date
`
`2700671
`
`03/25/2003
`
`Application Date
`
`12/28/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BLACKBERRY
`
`NONE
`
`Class 038. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`E-mail service; wireless data messaging services, particularly services that
`enable a user to send and/or receive messages through a wireless data
`network; one-way and two-way paging services
`
`U.S. Registration
`No.
`Registration Date
`
`2402763
`
`11/07/2000
`
`Application Date
`
`01/25/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BLACKBERRY
`
`NONE
`
`Class 038. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`E-mail service; wireless data messaging services, particularly services that
`enable a user to send and/or receive messages through a wireless data
`network; one-way and two-way paging services
`
`U.S. Registration
`No.
`Registration Date
`
`2678454
`
`01/21/2003
`
`Application Date
`
`01/25/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BLACKBERRY
`
`NONE
`
`Class 009. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`electronic handheld units for the wireless receipt and/or transmission of data that
`enable the user to keep track of or manage personal information; software for
`the redirection of messages, global computer network e-mail, and/or other data
`to one or more electronic handheld units from a data store on or associated with
`a personal computer or a server; and software for the synchronization of data
`between a remote station or unit and a fixed or remote station or unit
`
`U.S. Registration
`No.
`
`2672472
`
`Application Date
`
`01/25/1999
`
`

`
`Registration Date
`
`01/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BLACKBERRY
`
`NONE
`
`Class 009. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`electronic handheld units for the wireless receipt and/or transmission of data,
`that enable the user to keep track of or manage personal information; software
`for the redirection of messages, global computer network e-mail, and/or other
`data to one or more electronic handheld units from a data store on or associated
`with a personal computer or a server; and software for the synchronization of
`data between a remote station or unit and a fixed or remote station or unit
`
`U.S. Registration
`No.
`Registration Date
`
`2700678
`
`03/25/2003
`
`Application Date
`
`01/25/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BLACKBERRY
`
`NONE
`
`Class 038. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`E-mail service; wireless data messaging services, particularly services that
`enable a user to send and/or receive messages through a wireless data
`network; one-way and two-way paging services
`
`U.S. Registration
`No.
`Registration Date
`
`2844339
`
`05/25/2004
`
`Application Date
`
`11/26/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BLACKBERRY
`
`NONE
`
`Class 009. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`Electronic handheld units for the wireless receipt and/or transmission of data
`that enable the user to keep track of or manage personal information and which
`may also have the capacity to transmit and receive voice communications;
`software for the redirection of messages, global computer network e-mail, and
`other data to one or more electronic handheld units from a data store on or
`associated with a personal computer or a server; software for the
`synchronization of data between a remote station or unit and a fixed or remote
`station or unit and software which enables and provides one-way and two-way
`wireless connectivity to data, including corporate data
`Class 038. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`E-mail service; wireless data messaging services, particularly services that
`enable a user to send and/or receive messages through a wireless data
`network; one-way and two-way paging services; transmission and reception of
`voice communication services; consultation on the topics of developing and
`integrating one-way or two-way wireless connectivity to data, including corporate
`data, and/or communications
`Class 041. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`
`

`
`Educational services, namely, classes, seminars and conferences for the
`purpose of providing information to third parties to assist them in developing and
`integrating one-way or two-way wireless connectivity to data, including corporate
`data, and voice communications
`
`U.S. Registration
`No.
`Registration Date
`
`2844340
`
`05/25/2004
`
`Application Date
`
`11/26/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BLACKBERRY
`
`NONE
`
`Class 009. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`Electronic handheld units for the wireless receipt and/or transmission of data
`that enable the user to keep track of or manage personal information and which
`may also have the capacity to transmit and receive voice communications;
`software for the redirection of messages, global computer network e-mail, and
`other data to one or more electronic handheld units from a data store on or
`associated with a personal computer or a server; software for the
`synchronization of data between a remote station or unit and a fixed or remote
`station or unit and software which enables and provides one-way and two-way
`wireless connectivity to data, including corporate data
`Class 038. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`E-mail service; wireless data messaging services, particularly services that
`enable a user to send and/or receive messages through a wireless data
`network; one-way and two-way paging services; transmission and reception of
`voice communication services; consultation on the topics of developing and
`integrating one-way or two-way wireless connectivity to data, including corporate
`data, and/or communications
`Class 041. First use: First Use: 1998/07/14 First Use In Commerce: 1999/01/19
`Educational services, namely, classes, seminars and conferences for the
`purpose of providing information to third parties to assist them in developing and
`integrating one-way or two-way wireless connectivity to data, including corporate
`data, and voice communications
`
`2842571
`
`Application Date
`
`04/01/2003
`
`05/18/2004
`
`Foreign Priority
`Date
`BLACKBERRY ENTERPRISE EDITION
`
`NONE
`
`NONE
`
`Class 009. First use: First Use: 2001/01/00 First Use In Commerce: 2001/01/00
`Electronic handheld units for the wireless reception and transmission of data
`which enables the user to keep track of and manage personal information and
`which also has the capacity to transmit and receive voice communications;
`software for the redirection of messages, global computer network e-mail, and
`other data to one or more electronic handheld units from a data store on or
`associated with a personal computer or a server; and software for the
`synchronization of data between a remote station or unit and a fixed or remote
`station or unit; computer software and hardware and parts therefor, which allow
`the computer to access the server without the need for a direct land-based
`
`

`
`connection for use in corporate environments, for use in providing a
`communications gateway to facilitate the receipt and transmissions of computer
`information and data via a wireless remote access to computer applications and
`network
`Class 038. First use: First Use: 2001/01/00 First Use In Commerce: 2001/01/00
`E-mail services; wireless data messaging services, namely, services that enable
`a user to send and receive messages through a wireless data network using a
`handheld, portable electronic device; one-way and two-way paging services;
`providing information to third parties to assist them in developing and integrating
`one way or two way wireless connectivity to data, namely corporate data, and
`voice communication
`
`U.S. Registration
`No.
`Registration Date
`
`3098588
`
`05/30/2006
`
`Application Date
`
`03/02/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BLACKBERRY CONNECTION
`
`NONE
`
`Class 016. First use: First Use: 2001/00/00 First Use In Commerce: 2001/00/00
`Newsletter relating to internet e-mail services and wireless data messaging
`services and voice communication services and technical support services for
`hardware and software for wireless data network services and voice
`communication services
`
`U.S. Registration
`No.
`Registration Date
`
`3102687
`
`06/13/2006
`
`Application Date
`
`09/03/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BLACKBERRY
`
`NONE
`
`Class 009. First use: First Use: 2004/06/23 First Use In Commerce: 2004/06/23
`Electronic handheld units and accessories therefore, namely, batteries, cases,
`battery chargers, holsters and antennas, for the wireless receipt and/or
`transmission of data and which may also have the capability to transmit and
`receive voice communications, namely handheld computers and personal digital
`assistants; computer communications software for the transmission and/or
`reception of messages, global computer network e-mail, and/or other data
`between one or more electronic handheld units and a data store on or
`associated with a personal computer or a server; computer communication
`software for the synchronization of data between a remote station or unit and a
`fixed or remote station or unit and software which enables and provides one-way
`and/or two-way wireless connectivity to data, including corporate data
`Class 038. First use: First Use: 2004/06/23 First Use In Commerce: 2004/06/23
`e-mail service; wireless data messaging services, particularly services that
`enable a user to send and/or receive messages through a wireless data
`network; one-way and two-way paging services; transmission and reception of
`voice communication services
`Class 041. First use: First Use: 2004/06/23 First Use In Commerce: 2004/06/23
`consulting and educational services namely, classes, seminars and conferences
`
`

`
`Related
`Proceedings
`
`Attachments
`
`for the purpose of providing information to third parties to assist them in
`developing and integrating one way or two way wireless connectivity to data,
`including corporate data, and/or voice communications
`
`91178168
`
`75626990#TMSN.gif ( 1 page )( bytes )
`75626991#TMSN.gif ( 1 page )( bytes )
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`75626993#TMSN.gif ( 1 page )( bytes )
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`76502880#TMSN.gif ( 1 page )( bytes )
`76578564#TMSN.gif ( 1 page )( bytes )
`76610159#TMSN.gif ( 1 page )( bytes )
`4.24.08 Notice of Opposition - Shine Black Label series.pdf ( 11 pages )(729032
`bytes )
`
`Certificate of Service
`
`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.
`
`Signature
`Name
`Date
`
`/william r towns/
`William R. Towns
`04/24/2008
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMAlU<Z OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`77/035,474
`Serial No.:
`Mark: SHINE BLACK LABEL SERIES
`
`Opposition No.
`
`)
`
`) )
`
`) )
`
`)
`
`) )
`
`)
`
`) )
`
`)
`
`RESEARCH IN MOTION,
`
`LIMITED
`
`Opposer,
`
`V
`
`LG ELECTRONICS, INC.
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Opposer, Research In Motion, Limited (“RIM”) believes it will be damaged by
`
`registration of the mark SHINE BLACK LABEL SERIES (the “Opposed Mark”) claimed in
`
`intent-to-use Application Serial No. 77/035,474 (the “Application”) filed by LG Electronics, Inc.
`
`(“LG” or “Applicant”) on November 2, 2006 and published for opposition on March 25, 2008.
`
`As grounds for opposition, RIM alleges as follows:
`
`1.
`
`Since long prior to the filing date of the Application, RIM has been making,
`
`selling and/or offering smart phones and related goods and services under
`
`the mark
`
`BLACKBERRY in U.S. commerce. The BLACKBERRY Mark is famous in connection with
`
`RIM’s handheld wireless communications devices, mainly, smart phones and email and wireless
`
`data messaging services.
`
`2.
`
`RIM owns several US. trademark registrations and approved applications for
`
`marks that incorporate the prefix BLACK, most of which are for BLACKBERRY in standard
`
`characters or with a design. See Schedule of Marks attached as Exhibit A.
`
`3
`
`RIM’s Registration No. 2,402,763 is incontestable pursuant to 15 U.S.C. § 1065
`
`

`
`and provides conclusive evidence of RIM’s ownership of the mark therein, of the validity of the
`
`mark therein, and of RIM’s exclusive right to use the mark in commerce in connection with the
`
`services identified in the registration.
`
`4.
`
`RIM began actual and constructive use of its BLACKBERRY marks in commerce
`
`long prior to LG’s filing of its intent-to-use based Application on November 2, 2006. RIM has
`
`been using marks that incorporate the terms BLACK and/or BLACKBERRY in connection with
`
`smart phones and related goods and wireless data communications services in U.S. commerce
`
`since at least as early as January 19, 1999. Through this use, RIM has established valuable
`
`goodwill in the marks, and the relevant public has come to associate BLACKBERRY marks for
`
`handheld devices as an indication of products and services that emanate from RIM.
`
`5.
`
`RIM has prior common law rights in the mark BLACKBERRY as a trademark for
`
`handheld devices including smart phones and related goods and services as well as promotional
`
`and collateral goods.
`
`6.
`
`RIM is
`
`the owner of all
`
`right,
`
`title, and interest
`
`in and to the mark
`
`BLACKBERRY and other marks containing the term BLACKBERRY as heretofore alleged
`
`(referred to hereinafter, collectively, as the “BLACKBERRY Marks”), in connection with its
`
`goods and services.
`
`7.
`
`RIM has spent substantial sums of money to widely and extensively advertise and
`
`promote the goods and services it sells and offers under the BLACKBERRY Marks.
`
`8.
`
`As a result of the same, RIM’s BLACKBERRY Marks have acquired a highly
`
`favorable reputation among members of the purchasing public and have become valuable
`
`symbols of RIM’s goodwill.
`
`9.
`
`By virtue of the high degree of inherent and acquired distinctiveness of the
`
`

`
`BLACKBERRY Marks, the long duration and extensive use of the BLACKBERRY Marks in
`
`connection with the goods and services with which the BLACKBERRY Marks have been used,
`
`the long duration and extensive advertising and promotion of the BLACKBERRY Marks, the
`
`expansive trading area in which the BLACKBERRY Marks have been used and the high degree
`
`of recognition of the BLACKBERRY Marks, the BLACKBERRY Marks have become well-
`
`known and famous as distinctive indicators of the origin of RlM’s goods and services, and were
`
`famous before the date of first use of the Opposed Mark and the filing date of the Application.
`
`10.
`
`Notwithstanding RlM’s prior rights in the BLACKBERRY Marks, on November
`
`2, 2006 Applicant filed the Application in the United States Patent and Trademark Office for
`
`registration of the mark SHINE BLACK LABEL SERIES for “portable communications
`
`apparatus, namely, radios, handsets in the nature of cordless telephone apparatus, walkie-talkies,
`
`satellite telephones, land line telephones, digital cellular telephones” in International Class 9.
`
`11.
`
`On information and belief, Applicant knew or had reason to know of RIM’s prior
`
`rights in the BLACKBERRY Marks when Applicant filed the Application.
`
`12.
`
`RIM’s Registration Nos. 2,402,763, 2.613.308, 2,678,454, 2.672.464, 2,672,472,
`
`2,700,67l, 2.700.678 and 2,844,339 issued prior
`
`to the filing date of the intent-to-use
`
`Application and prior to any use by Applicant of the Opposed Mark in the United States.
`
`13.
`
`The BLACKBERRY Marks and the Opposed Mark are confusingly similar in
`
`sight, sound, and meaning.
`
`14.
`
`Further, Applicant’s goods are highly similar, and in some cases virtually
`
`identical, to the Class 9 goods for which RIM has registered and is using the BLACKBERRY
`
`Marks. Therefore, the public is likely to be confused, to be deceived, and to assume erroneously
`
`that Applicant and Applicant's goods are in some way connected with, sponsored by, or affiliated
`
`

`
`with RIM, all to RIM’s substantial detriment.
`
`15.
`
`Likelihood of confusion in this case is increased by the fame and high degree of
`
`recognition of RIM’s BLACKBERRY Marks as distinctive indicators of the origin of RIM’s
`
`goods and services.
`
`16.
`
`Similarly, Applicant’s goods and RIM°s goods and services will be targeted,
`
`offered, and sold to the same classes of prospective consumers, namely members of the general
`
`public who use electronic devices, including wireless communication devices, such as smart
`
`phones, cellular telephones, personal data assistants and the like.
`
`17.
`
`Registration of the Opposed Mark will support and assist Applicant
`
`in the
`
`confusing and misleading use of the Opposed Mark, will give color of exclusive statutory right to
`
`Applicant in violation and in derogation of the pre—existing and superior rights of RIM, and will
`
`cause RIM to lose control over the good and Valuable reputation represented by and derived from
`
`the BLACKBERRY Marks, all causing irreparable harm and injury to RIM.
`
`WHEREFORE, RIM respectfully prays that Application Serial No. 77/035,474 for
`
`SHINE BLACK LABEL SERIES be refused and that no registration issue thereon to Applicant,
`
`and, further that this Opposition be sustained in favor of RIM.
`
`Resrie/ctful
`
`sub itted,/
`
`/3
`
`Greg ry V. Novak
`William R. Towns
`
`NOVAK DRUCE + QUIGG LLP
`1000 Louisiana Street, 53rd Floor
`
`Houston, Texas 77002
`(713) 57l~3400
`
`Attorneys for Opposer
`Research In Motion Limited
`
`

`
`EXHIBIT A
`
`

`
`SCHEDULE OF MARKS
`
`
`
`i
`ii
`giiiieiiiiiaiiliiiaiiciiéiéesiidtié
`ffElectronic handheld units for the wireless
`treceipt andfor transmission ofdata, that
`enable the user to keep track of or manage
`personal information; software for the
`tredirection of messages, global computer
`fnetwork e-mail, and/or other data to one or
`gmore electronic handheld units from a data
`store on or associated with a personal
`fcomputer or a server; and software for the
`%;synchronization of data between a remote
`istation or unit and a fixed or remote station
`or unit
`
`-\ .e
`
`IV
`
`
`
`it uterine; ii)a{e§'l'i
`
`E1998-0'7-14
`First Use in
`§Commerce Date
`f 1999-0 1 — 1 9
`
`
`
`
`
`I,
`
`’
`
`eh
`
`3
`
`
`
`
`
`International Class: 009
`fielectronic handheld units for the wireless
`greceipt and/or transmission of data that
`‘ienable the user to keep track of or manage
`ipersonal information; software for the
`Eredirection of messages, global computer
`Enetwork e—mail, and/or other data to one or
`Emore electronic handheld units from a data
`
`
`
`
`
`Use Date:
`£1998-O7-14
`First Use in
`§Commerce Date:
`E/;l999-01-19
`
`
`
`
`
`geL;&ci{i§iiiiiii}'
`
`oo3;oi;e:i
`
`
`Number
`
`
`672463’
`
`.
`Number
`
`\-
`
`5612560
`
`
`
`
`a§iCiéii§Eiii:§iriii gmgeseecal
`%24(Vl§'}5“3"iV
`
`
`
`§7562699l
`
`
`
`678454
`
`2003-01-21
`
`*
`
`I
`
`i
`
`i
`
`
`
`mM"iBE"”Y
`
`2
`
`E
`
`
`
`
`
`
`
`e756ié9§:
`
`
`
`g26il24i2"'l it t2l<ili3§tiiléi)7
`
`§1998-O7-14
`EE-mail service; wireless data messaging
`§First Use in
`iservices, particularly services that enable a
`iuser to send and/or receive messages through §Commerce Date:
`wireless data network; one-way and two-
`E1999-OI -19
`
`iway paging services
`:Fll‘St Use Date:
`‘International Class: 038
`E1998-O7-14
`;E—mail service; wireless data messaging
`First Use in
`iservices, particularly services that enable a
`fiiuser to send and/or receive messages through §Commerce Date:
`ia wireless data network; one-way and two-
`il999—O1-19
`
`
`fway paging services
`
`Estore on or associated with a personal
`gcomputer or a server; and software for the
`Esynchronization of data between a remote
`Zstation or unit and a fixed or remote station
`ior unit
`
`.. VI
`B RY electronic handheld units for the wireless
`ireceipt and/or transmission of data, that
`:enable the user to keep track of or manage
`?personal information; software for the
`iredirection of messages, global computer
`network e-mail, andfor other data to one or
`more electronic handheld units from a data
`
`
`
`.ietslt:ana e.
`
`£1998-O7-I4
`;[First Use in
`§[Commerce Date:
`l§l999—0l-l9
`
`
`
`
`
`
`
`
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`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing NOTICE OF OPPOSITION was sent by U.S.
`First Class Mail, postage prepaid, to the following on this Q "iluday of April, 2008:
`
`Robert J. Kenney
`BIRCH, STEWART, KOLASCH & BIRCH, LLP
`PO Box 747
`
`Falls Church, Virginia 22040
`
`LG Electronics, Inc.
`20 Yoido-dong, Yongdungpo-gu
`Seoul, Republic of Korea
`
`$6, 5%Scott Kelly
`
`Of Novak Druce & Quigg LLP
`1000 Louisiana Street, 53rd Floor
`
`Houston, Texas 77002