Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA582491
`ESTTA Tracking number:
`01/17/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91202131
`Defendant
`Federated Mutual Insurance Company
`Z PETER SAWICKI
`WESTMAN CHAMPLIN & KELLY PA
`900 2ND AVE S STE 1400
`MINNEAPOLIS, MN 55402-3244
`UNITED STATES
`psawicki@wck.com
`Answer
`Z. Peter Sawicki
`psawicki@wck.com, mneumann@wck.com, aprose@wck.com
`/Z. Peter Sawicki/
`01/17/2014
`Answer_011714.pdf(204104 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No.:
`Mark:
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`91202131
`FEDERATED’S
`SHIELD NETWORK
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`Blue Cross and Blue Shield Association
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`Plaintiff,
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`V.
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`Federated Mutual Insurance Company
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`Defendant.
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`DEFENDANT’S ANSWER
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`Federated Mutual Insurance Company (“Federated”), is a corporation organized under
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`the laws of the state of Minnesota and having a principle place of business located at 121 East
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`Park Square, Owatonna, Minnesota 55060, and herewith answers the allegations contained within
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`the Notice of Opposition filed October 17, 2011.
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`The Answer is being submitted in response to an Order from the Trademark Trial and
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`Appeal Board dated December 18, 2013.
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`GENERAL DENIAL
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`Unless expressly admitted, Defendant Federated denies every allegation contained within
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`the Notice of Opposition.
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`ANSWER TO ALLEGATIONS CONTAINED IN PETITION FOR CANCELLATION
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`Federated admits that it is the owner of Application Serial No. 85/022,122, filed
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`with the United Stated Patent and Trademark Office.
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`Federated is without sufficient information to admit or deny the allegations contained
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`within paragraph 2 of the Notice of Opposition, and therefore denies the same.
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`Federated is without sufficient information to admit or deny the allegations contained
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`within paragraph 3 of the Notice of Opposition, and therefore denies the same.
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`Federated is without sufficient infonnation to admit or deny the allegations contained
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`within paragraph 4 of the Notice of Opposition, and therefore denies the same.
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`Federated is without sufficient information to admit or deny the allegations contained
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`within paragraph 5 of the Notice of Opposition, and therefore denies the same.
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`Federated is without sufficient information to admit or deny the allegations contained
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`within paragraph 6 of the Notice of Opposition, and therefore denies the same.
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`Federated denies the allegations contained within paragraph 7 of the Notice of
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`Opposition.
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`

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`8.
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`9.
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`Federated denies the allegations contained within paragraph 8 of the Notice of
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`Opposition.
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`Federated denies the allegations contained within paragraph 9 of the Notice of
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`Opposition.
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`10.
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`Federated denies the allegations contained within paragraph 10 of the Notice of
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`Opposition.
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`11.
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`Federated denies the allegations contained within paragraph 11 of the Notice of
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`Opposition.
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`AFFIRMATIVE DEFENSE NO. 1
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`12.
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`Plaintiff is barred from Opposing Federated’s U.S. Trademark Application under the
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`doctrine of laches.
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`AFFIRMATIVE DEFENSE NO. 2
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`13.
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`Plaintiff is barred from Opposing Federated’s U.S. Trademark Application based on
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`Federated’s prior use and registration.
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`AFFIRMATIVE DEFENSE NO. 3
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`14.
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`Plaintiff may be barred from Opposing Federated’s U.S. Trademark Application under
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`the Doctrine of Estoppel.
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`15.
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`Federated Mutual Insurance Company specifically reserves the right to file additional
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`Affirmative Defenses as they may become known.
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`Respectfully submitted,
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`WESTMAN, CHAMPLIN & KOEHLER, P.A.
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`(/:”1““fji>w
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`
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`_,Q..t.m..
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`2-
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`. Peter Sawicki
`
`manda M. Prose
`WESTMAN, CHAMPLIN & KOEHLER, P.A.
`Suite 1400
`900 Second Avenue South
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`Minneapolis, MN 55402
`Telephone: (612) 334-3222
`Facsimile: (612) 334-3312
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`ATTORNEYS FOR DEFENDANT
`FEDERATED MUTUAL INSURANCE
`COMPANY
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`

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`CERTIFICATE OF SERVICE
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`I hereby certify that I am an employee of Westman, Champlin & Koehler, P.A.,
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`and am not a party to this action, and that on January 17, 2014 a copy of the foregoing
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`document:
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`I.
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`DEFENDANT’S ANSWER
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`was sent Via U.S. Mail to:
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`Garner K. Weng
`HANSON BRIDGETT LLP
`425 Market Street, 26th Floor
`San Francisco, CA 94105
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`I certify under penalty of perjury that the foregoing is true and correct. Executed
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`on January 17, 2014.