TTAB
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of trademark application Serial No. 77/689,792
`For the mark: TRILOBITE
`
`Published in the Official Gazette on August 18, 2009
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`Peter Turdin, Jr. (AKA Peter Bradley)
`
`Opposer
`
`v.
`
`Trilobite, Ltd.
`Applicant
`
`NOTICE OF OPPOSITION
`
`Peter Turdin Jr. (A.k.a. Peter Bradley), a U.S. Citizen and Resident of the State of
`
`Connecticut, having a place of business at Suite #8, 76 Bellevue Avenue, Bristol, Connecticut
`
`06010 (hereinafter “Opposer”) believes that he will be damaged by the registration of the
`
`trademark TRILOBITE as shown in Application Serial No. 77/689,792 filed on March 12,
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`2009 for “audio recording and production,” in International Class 41, (hereinafter
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`“Applicant’s Services”), and hereby opposes same.
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`The specific grounds for opposition are as follows:
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`10/81/E3009 SHILSDNI 00000006 .7768‘37'3E‘
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`10-15-2009
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`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of trademark application Serial No. 77/689,792
`For the mark: TRILOBITE
`
`Published in the Official Gazette on August 18, 2009
`
`)
`
`) )
`
`) )
`
`) )
`
`)
`)
`_)
`
`Peter Turdin, Jr. (AKA Peter Bradley)
`
`Opposer
`
`v.
`
`Trilobite, Ltd.
`Applicant
`
`NOTICE OF OPPOSITION
`
`Peter Turdin Jr. (A.k.a. Peter Bradley), a U.S. Citizen and Resident of the State of
`
`Connecticut, having a place of business at Suite #8, 76 Bellevue Avenue, Bristol, Connecticut
`
`06010 (hereinafter “Opposer”) believes that he will be damaged by the registration of the
`
`trademark TRILOBITE as shown in Application Serial No. 77/689,792 filed on March 12,
`
`2009 for “audio recording and production,” in International Class 41, (hereinafter
`
`“Applicant’s Services”), and hereby opposes same.
`
`The specific grounds for opposition are as follows:
`
`10/81/E3009 SHILSDNI 00000006 .7768‘37'3E‘
`
`”““"°e
`
`3‘’°'°° 0“
`
`llllllllllllllllllllllIllllIllllllllllllllllllllll
`10-15-2009
`
`1
`
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`
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`
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`
`On or about March 12, 2009, Applicant, Trilobite, Ltd., a corporation organized
`
`under the laws of the State of Georgia and having its place of business at 2811
`
`Kersdale Road, Cleveland, Ohio 44124, filed an application in the U.S. Patent and
`
`Trademark Office, Serial No. 77/689,792, seeking registration on the Principal
`
`Register of the trademark TRILOBITE for “video production services; video
`
`recording services,” in International Class 41.
`
`Applicant seeks to register TRILOBITE for “video production services; video
`
`recording services,” in International Class 41, as evidenced by the publication of
`
`said mark in the Oflicial Gazette of August 18, 2009.
`
`Opposer is the owner of United States Trademark Application Serial No.
`
`77/706,923 for TRILOBITE PICTURES for “motion picture film production and
`
`animation services,” in International Class 41.
`
`Since as early as January of 2000, Opposer has used its TRILOBITE PICTURES
`
`mark for his services, namely, “motion picture film production and animation
`
`services,” in International Class 41.
`
`Since as early as January of 2000, Opposer has used his TRILOBITE PICTURES
`
`
`
`mark for his services, namely, “motion picture film production and animation
`
`services,” in International Class 41, in interstate commerce.
`
`Opposer has continuously used his Trademark in the United States for Opposer’s
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`Services namely, “motion picture film production and animation services,” in
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`International Class 41.
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`Applicant never was entitled to appropriate or apply to register the designation
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`TRILOBITE for App1icant’s Services which are set forth in Application Serial No.
`
`77/689,792 because Applicant only used TRILOBITE as a trade name and not a
`
`trademark or service mark.
`
`Upon information and belief, Applicant has made only a token use ofthe mark
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`TRILOBITE for the services listed in its application, namely, “video production
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`services; video recording services” and not actual meaningful commercial use.
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`9.
`
`Upon information and belief, Applicant was a dissolved entity in the State of
`
`Georgia effective May 16, 2008 and was still dissolved as of the time of filing its
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`application on March 12, 2009. (See Exhibit A)
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`10.
`
`Upon information and belief, Applicant is not the owner of the trademark shown in
`application Serial No. 77/689,792 since Applicant did not exist as the legal entity it
`
`
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`purported itself to be at the time of filing and therefore, Applicant did not have the
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`right to file the application since Applicant did not exist at the time of filing,
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`therefore the application is void ab initio. (See Exhibit A)
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`11.
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`Upon information and belief, Applicant is not the true owner of the purported
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`trademark shown in application Serial No. 77/689,792 and Applicant did not own
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`the purported trademark TRILOBITE as of the date of filing.
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`12.
`
`Opposer will be damaged by the use and registration of TRILOBITE by Applicant
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`for Applicant’s Services because persons in the trade and the public will
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`mistakenly assume that Applicant’s Services are associated, endorsed by, affiliated
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`with, or in some other way related to or sponsored by Opposer, to the detriment of
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`Opposer. As such Applicant’s mark is not entitled to registration.
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`13.
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`Registration of TRILOBITE is barred by the provisions of the Lanham Act because
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`Applicant’s mark consists of or comprises a mark which so resembles a mark or
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`trade name previously used in the United States by another and not abandoned, as
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`to be likely, when used on or in connection with Applicant’s Services, to cause
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`confusion, or to cause mistake, or to deceive as to the affiliation, connection, or
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`association of the Applicant and the Applicant’s Services with the Opposer and the
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`Opposer’s services, or alternatively, to cause dilution of Opposer’s Trademark.
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`
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`14.
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`Opposer’s Trademark TRILOBITE PICTURES and Applicant’s alleged mark
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`TRILOBITE are identical in sight, sound, connotation and commercial impression.
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`15.
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`Opposer would be injured by the granting to Applicant of a Certificate of
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`Registration for the mark TRILOBITE because Applicant would obtain thereby at
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`least a prima facie exclusive right to use such mark. Such registration would be a
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`source of damage and injury to Opposer and Opposer’s clients.
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`16.
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`The statutory fee of three hundred dollars ($300) is enclosed herewith.
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`WHEREFORE, Opposer prays that this Opposition be sustained and that the registration
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`sought in Application Serial No. 77/689,792 be denied.
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`Dated: October 16, 2009
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`Respectfully submitted,
`\
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`\ .
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`/_./
`651'‘ ‘°‘*‘%—/\\_L:>
`
`BY
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`Julianne B. Bochinski
`
`Attorney for Opposer
`Law Office of Julianne B. Bochinski
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`PO Box 2723
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`Westport, CT 06880
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`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on October 16, 2009 she caused a true and correct copy
`of the foregoing NOTICE OF OPPOSITION to be served upon Applicant by First Class Mail.
`Postage pre—paid, at the following address:
`
`George F. Voinovich
`Brennan, Manna & Diamond
`Attn: IP Docket
`
`75 East Market Street
`
`Akron OH 44308
`
`Dated: October 16, 2009
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`1
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`C,
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`7
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`£1
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`\
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`By Julianne B. Bochinski
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of: Trilobite, Ltd..
`
`Serial No.: 77/689,792
`
`Mailing Date: October 16, 2009
`
`Mark: TRILOBITE
`
`CERTIFICATE OF MAILING
`
`Commissioner for Trademarks:
`Box: TTAB
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
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`I hereby certify that the following attached correspondence comprising:
`
`-----Notice of Opposition
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`-----Fee of $300
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`————Acknowledgement post card
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`Is being deposited with the United States Postal Service as “First Class Mail postage” prepaid in an
`envelope addressed to: Commissioner for Trademarks, BOX: TTAB, P.O. Box 1451. Alexandria, VA
`22313-1451 on October 16, 2009.
`
`;
`1.,
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`Julianne B. Bochinski, Esq.
`
`
`October 16 2009
`
`(Date of Deposit)
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