`
`TTAB
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`Attorney Docket 957-222-1
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91 197551
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`1’! [7o<>I,+z7
`
`WESTREX CORPORATION
`
`Opposer,
`
`ALCATEL-LUCENT USA INC.
`
`Applicant.
`
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`
`TRADEMARK TRIAL AND APPEAL BOARD
`Commissioner for Trademarks
`P. O. Box 1451
`
`Alexandria, VA 22313-1451
`
`ANSWER
`
`Applicant, ALCATEL-LUCENT USA INC., denies that WESTREX CORPORATION will be
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`damaged by registration of the mark WESTERN ELECTRIC of Application Serial No. 77/709,427 and
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`answers the Notice of Opposition herein as follows:
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`1. Applicant, ALCATEL-LUCENT USA INC. (hereinafter "ALCATEL-LUCENT") admits that
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`Opposer, WESTREX CORPORATION (hereinafter "WESTREX") is a Georgia Corporation.
`
`ALACATEL—LUCENT has insufficient knowledge or information on which to form a belief as to the
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`remaining allegations of Paragraph 1.
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`2. Admitted.
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`I hereby certify that this paper is being deposited with
`the United States Postal Service on the date shown below
`
`with sufficient postage as first class mail in an envelope
`addressed to: Commissioner for Trademarks, P.O. Box 1451,
`Alexandria, VA 22313-1451.
`
` K 911/rcua.AU5,.a.oIO
`
`Marie E. Forte
`
`Date
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`01-15-2011
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`3
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`Attorney Docket 957-222-1
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`3. ALCATEL-LUCENT admits that WESTREX has used the mark WESTERN ELECTRIC for
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`Vacuum tubes under a license from ALCATEL-LUCENT and that such use inures to the benefit of
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`ALCATEL-LUCENT. ALCATEL-LUCENT has insufficient knowledge or information on which to
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`form a belief as to the remaining allegations of Paragraph 3.
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`4. Denied.
`
`5. ALCATEL-LUCENT admits that by reason of advertisement and promotion of the mark
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`WESTERN ELECTRIC in commerce, the consuming public has come to recognize the mark WESTERN
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`ELECTRIC as indication of a source or origin of goods/services offered thereunder such that the mark is
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`symbolic of extensive goodwill that inures to the benefit of ALCATEL-LUCENT. ALCATEL-LUCENT
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`denies that this goodwill is an important and valuable asset of WESTREX's business. ALCATEL-
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`LUCENT has insufficient knowledge or information on which to form a belief as to the remaining
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`allegations of Paragraph 5.
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`6. ALCATEL-LUCENT has insufficient knowledge or information on which to form a belief as
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`to the truth of the allegations set forth in Paragraph 6.
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`7. Admitted.
`
`8. ALCATEL-LUCENT has insufficient knowledge or information on which to form a belief as
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`to the truth of the allegations set forth in Paragraph 8.
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`9. Denied.
`
`10. As used for the same goods, Applicant admits that the mark WESTERN ELECTRIC of the
`
`application herein opposed is confusingly similar to the mark WESTERN ELECTRIC. ALCATEL-
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`LUCENT has insufficient knowledge or information on which to form a belief as to the remaining
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`allegations of Paragraph 10.
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`1 1. Denied.
`
`
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`WHEREFORE, ALCATEL—LUCENT does not believe WESTREX will be damaged by
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`registration of the mark WESTERN ELECTRIC of the opposed application and prays that the Notice of
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`Opposition be dismissed with prejudice.
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`Attorney Docket 957—222—1
`
`Respectfully submitted,
`
`WARE, FRESSOLA, VAN DER SLUYS &
`ADOLPHSON, LLP
`
`
` . Bradfor A olphson
`
`
`egistration No.: 30,927
`ames R. Frederick
`
`egistration No.: 25,865
`Attorneys for Applicant
`755 Main Street
`P. O. Box 224
`
`Monroe, CT 06468
`(203) 261-1234
`
`Certificate of Service
`
`It is hereby certified that a copy of the foregoing is being served on counsel of record for opposer, this
`3rd day of January, 2011 by first class mail, postage prepaid, addressed as follows:
`
`David E. LaRose
`
`LUEDEKA, NEELY & GRAHAM, P.C.
`1871 Riverview Tower
`
`Knoxville, TN 37902
`
`arie E. Forte
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