`ESTTA219386
`ESTTA Tracking number:
`06/20/2008
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91184042
`Defendant
`CHARLEX S.A.
`John A. Galbreath
`Galbreath Law Offices, P.C.
`2516 Chestnut Woods Court
`Reisterstown, MD 21136
`UNITED STATES
`Answer
`John A. Galbreath
`jgalbreath@galbreath-law.com
`/John A. Galbreath/
`06/20/2008
`91184042-Answer.pdf ( 2 pages )(94435 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`IN THE UNITED STATES
`PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`)
`)
`
`) )
`
`) )
`
`) OPPOSITION NO. 91184042
`)
`SERIAL NO. 79/038911
`
`) )
`
`ANSWER
`
`PEI LICENSING, INC.
`
`Plaintiff/Opposer
`
`V.
`
`CHARLEX S.A.
`
`Defendant/Applicant
`
`Defendant Charlex S.A. ("Charlex"), by and through its below-identified attorneys,
`
`hereby answers plaintiff PEI Licensing’s ("PEI") Notice of Opposition, and states as follows:
`
`1. Charlex is without sufficient knowledge or information to form a belief as to the
`
`allegations of paragraph 1, and denies the same leaving PEI to its proof
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`2. Charlex admits the allegations of paragraph 2.
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`3. Charlex denies the allegations of paragraph 3.
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`AFFIRMATIVE DEFENSES
`
`First Affirmative Defense
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`4. There is no likelihood of confiasion between the use of Charlex’s applied-for mark and
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`PEI’s registered marks 2940239; 2834316; 3023035; 2952953; and 2612007.
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`Second Affirmative Defense
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`5. Charlex has been continuously using the MICHEL PERRY mark in the United States
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`since at least as early as September 1987, for shoes in Class 25, and has registered that mark
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`under U.S. Registration No. 2516896. Thus Charlex has priority over PEI’s registered marks
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`2940239; 2834316; 3023035; 2952953; and 2612007 for at least clothing-related goods, and for
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`any other goods reasonably related to shoes.
`
`
`
`Third Affirmative Defense
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`6. The opposition is barred by the doctrines of laches, estoppel and acquiescence.
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`Fourth Affirmative Defense
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`7. The opposition is barred by the doctrine of unclean hands.
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`Fifth Affirmative Defense
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`8. PEI has not used or has abandoned use of registered marks 2940239; 2834316;
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`3023035; 2952953; and 2612007 on or in connection with the services for which registration was
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`sought.
`
`Respectfully submitted,
`
`/John A. Galbreath/
`
`John A. Galbreath
`
`Galbreath Law Offices, P.C.
`2516 Chestnut Woods Ct.
`
`Reisterstown, MD 21 136-5523
`TEL: 410-628-7770
`
`FAX: 410-666-7274
`
`EMAIL: j galbreath@galbreath-law.com
`
`Attorneys for defendant/applicant
`
`I certify that on the date below, this document and referenced attachments, if
`Certificate of Service:
`any, was deposited with the U.S. Postal Service as first class mail in an envelope addressed to: Kim
`Kolback, Sarah Steinbaum, PA, 44 West Flagler Street, Suite 2175, Miami, FL 33130.
`
`20 June 2008
`
`/John A. Galbreath/
`
`John A. Galbreath
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