Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA411953
`ESTTA Tracking number:
`05/31/2011
`
`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
`
`Sigma Kappa
`Corporation
`8733 Founders Road
`Indianapolis, IN 46268
`UNITED STATES
`
`Citizenship
`
`Maine
`
`Attorney
`information
`
`Jack A. Wheat
`STITES & HARBISON PLLC
`400 West Market Street Suite 1800
`Louisville, KY 40202
`UNITED STATES
`jwheat@stites.com Phone:(502) 587-3400
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85205302
`05/31/2011
`
`Publication date
`Opposition
`Period Ends
`
`05/03/2011
`06/02/2011
`
`McCraw, Jarrett
`808 Country Club Court
`Mobile, AL 36609
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 2003/10/01 First Use In Commerce: 2003/10/01
`All goods and services in the class are opposed, namely: Bandanas; Beanies; Belts; Gloves; Hats;
`Headbands; Jerseys; Pants; Shoes; Short-sleeved or long-sleeved t-shirts; Socks; Sweat bands;
`Sweat shirts; Wristbands
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2372119
`
`08/01/2000
`
`Word Mark
`
`EK
`
`Application Date
`
`10/01/1998
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA411953
`ESTTA Tracking number:
`05/31/2011
`
`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
`
`Sigma Kappa
`Corporation
`8733 Founders Road
`Indianapolis, IN 46268
`UNITED STATES
`
`Citizenship
`
`Maine
`
`Attorney
`information
`
`Jack A. Wheat
`STITES & HARBISON PLLC
`400 West Market Street Suite 1800
`Louisville, KY 40202
`UNITED STATES
`jwheat@stites.com Phone:(502) 587-3400
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85205302
`05/31/2011
`
`Publication date
`Opposition
`Period Ends
`
`05/03/2011
`06/02/2011
`
`McCraw, Jarrett
`808 Country Club Court
`Mobile, AL 36609
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 2003/10/01 First Use In Commerce: 2003/10/01
`All goods and services in the class are opposed, namely: Bandanas; Beanies; Belts; Gloves; Hats;
`Headbands; Jerseys; Pants; Shoes; Short-sleeved or long-sleeved t-shirts; Socks; Sweat bands;
`Sweat shirts; Wristbands
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2372119
`
`08/01/2000
`
`Word Mark
`
`EK
`
`Application Date
`
`10/01/1998
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the Greek letters sigma kappa.
`
`Class 016. First use: First Use: 1874/11/00 First Use In Commerce: 1874/11/00
`Paper goods, namely, notebooks, stationary type portfolios, business cards,
`personal planners, [ address books, ] photo albums, notepads, stationary, memo
`pads in a cube shape, stickers, pens, pencils, highlighting pens, notecards,
`notepaper, postcards, self-stick removable stationary notes, bumper stickers,
`playing cards, [ coloring sets, namely, coloring books and crayons sold as a unit,
`] bookmarks, and binders
`Class 025. First use: First Use: 1920/09/00 First Use In Commerce: 1920/09/00
`clothing, namely, sweatshirts, t-shirts, jackets, hats, socks, sweaters, boxer
`shorts, pajamas, cloth bibs, and kerchiefs
`Class 200. First use: First Use: 1874/11/09 First Use In Commerce: 1874/11/09
`indicating membership in a collegiate sorority
`
`Attachments
`
`75562434#TMSN.gif ( 1 page )( bytes )
`SigmaKappaMcCrawOpposition.pdf ( 4 pages )(93584 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
`
`/jackawheat/
`Jack A. Wheat
`05/31/2011
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 85/205302
`Filed: December 23, 2010
`Mark:
`
`Published in the Oficial Gazette on May 3, 201 l.
`
`OPPOSITION NO.
`
`) )
`
`) )
`
`) )
`
`) )
`
`)
`
`SIGMA KAPPA,
`
`Opposer,
`
`V.
`
`JARRETT McCRAW,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Comes the Opposer, SIGMA KAPPA., (hereinafter “Sigma Kappa” or “Opposer”), and
`
`for its Opposition to the pending application Serial No. 85/205,302 to register a design mark
`
`prosecuted by Jarrett McCraw (hereinafter “McCraw” or “Applicant”), Opposer submits the
`
`following:
`
`1.
`
`Opposer, Sigma Kappa, is a Maine Corporation, with its principal place of
`
`business at 8733 Founders Road, Indianapolis, Indiana 46268.
`
`2.
`
`Continuously since at least 1920, Sigma Kappa has used the Greek Alphabet
`
`letters “Sigma” and “Kappa,” namely the symbol “ZK” as a trademark for clothing products.
`
`
`
`3.
`
`Sigma Kappa is the owner of a registration of the Greek Alphabet letters “Sigma”
`
`and “Kappa,” namely the symbol “ZK” issued by the United States Patent & Trademark Office
`
`(the “PTO”) for, among other things, “Clothing, namely, sweatshirts, t-shirts, jackets, hats,
`
`socks, sweaters, boxer shorts, pajamas, cloth bibs, and kerchiefs,” namely registration number
`
`2,372,119 issued on August 1, 2000 based upon a first use for clothing dating back at least as
`
`early as 1920.
`
`4.
`
`The mark “ZK” as used in commerce by and on behalf of Opposer is distinctive,
`
`either inherently or through acquired distinctiveness.
`
`5.
`
`On December 23, 2010, McCraw filed an application to register the design mark
`
`l§ for “bandanas, beanies, belts, gloves, hats, headbands, jerseys, pants, shoes, short-
`
`sleeved or long-sleeved t-shirts, socks, sweat bands, sweatshirts [and] wristbands.”
`
`6.
`
`The continued use by Sigma Kappa of the mark “ZK”, as well as the filing
`
`priority date of the application which matured into its registration of the mark predate the filing
`
`date of the opposed application, thus, Opposer has priority of use.
`
`7.
`
`Although described as a letter “E,” a backwards letter “K,” and another letter “K,”
`
`the mark sought to be registered appears like the Greek Alphabet letter “Z” in combination with
`
`the Greek Alphabet letter “K,” namely “ZK,” and thus appears so similar to Opposer’s “ZK”
`
`mark as to create a likelihood of COI1fi,1SlOI1, or to cause mistake, or to deceive, within the
`
`meaning of Section 2(d) of the Lanham Act (15 U.S.C. § l052(d)), all to Opposer’s irreparable
`
`damage.
`
`8.
`
`Accordingly, Opposer believes that it will be damaged by registration of the mark
`
`sought to be registered in that, if registration issues, (a) consumers are likely to purchase
`
`
`
`Applicant’s goods believing them to be the Opposer’s goods, or to be sponsored by or associated
`
`with Opposer; (b) any defects in Applicant’s goods may be attributed to the Opposer; and (c)
`
`registration of mark will give Applicant the presumptive right to use the mark with its goods.
`
`All of these effects will cause injury to Opposer.
`
`WHEREFORE, Opposer prays that Application Serial No. 85/205,302 be refiised and
`
`that the registration sought therein be denied.
`
`fiackawheat/
`Jack A. Wheat
`
`Lindsay Yeakel Capps
`STITES & HARBISON, PLLC
`400 West Market Street, Suite 1800
`
`Louisville, KY 40202
`Telephone:
`(502) 587-3400
`
`Attorneysfor Opposer
`
`
`
`CERTIFICATE OF SERVICE AND ELECTRONIC SUBMISSION
`
`I hereby certify that a true and complete copy of the foregoing NOTICE OF
`OPPOSITION has been served on the Applicant by mailing said copy on this 31st day of May,
`2011, Via First Class Mail, postage prepaid to:
`
`Jarrett McCraw
`
`808 Country Club Court
`Mobile, AL 36609
`
`/'acl<awheat/_
`Jack A. Wheat,
`One of Attorneys for Opposer
`
`SI068:000SI:836052: l :LOUISVILLE
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