Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA458958
`ESTTA Tracking number:
`02/28/2012
`
`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
`Granted to Date
`of previous
`extension
`Address
`
`Pure Fishing, Inc.
`02/29/2012
`
`7 Science Court
`Columbia, SC 51360
`UNITED STATES
`
`Attorney
`information
`
`Sara C. Kanos
`Nexsen Pruet, LLC
`PO Drawer 10648
`Greenville, SC 29603
`UNITED STATES
`skanos@nexsenpruet.com Phone:864-282-1171
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85330411
`02/28/2012
`
`Publication date
`Opposition
`Period Ends
`
`11/01/2011
`02/29/2012
`
`Berkley Golf, LLC
`PO Box 151
`Seaford, VA 23696
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 028. First Use: 2011/01/01 First Use In Commerce: 2011/01/01
`All goods and services in the class are opposed, namely: Golf clubs
`
`Grounds for Opposition
`
`False suggestion of a connection
`Priority and likelihood of confusion
`Torres v. Cantine Torresella S.r.l.Fraud
`
`Trademark Act section 2(a)
`Trademark Act section 2(d)
`808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2436312
`
`03/20/2001
`
`Word Mark
`
`BERKLEY
`
`Application Date
`
`04/09/1999
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 007. First use: First Use: 1979/12/31 First Use In Commerce: 1979/12/31
`FISHING TOOLS, NAMELY, POWER-OPERATED HOOK SHARPENERS AND
`FILES
`Class 008. First use: First Use: 1979/12/31 First Use In Commerce: 1979/12/31
`FISHING HAND TOOLS, NAMELY, PLIERS; FISHING KNIVES; SCISSORS;
`CRIMPERS; FISHING LINE CUTTERS; FISHING LINE SPOOLING STATIONS
`CONSISTING PRIMARILY OF A BULK SPOOL HOLDER, A FISHING REEL
`HOLDER AND A LINE GUIDING DEVICE; AND FISHING LINE STRIPPERS
`Class 009. First use: First Use: 1979/12/31 First Use In Commerce: 1979/12/31
`FISHING TOOLS, NAMELY, WEIGH SCALES
`Class 011. First use: First Use: 1979/12/31 First Use In Commerce: 1979/12/31
`[ FISHING FLASHLIGHTS ]
`Class 025. First use: First Use: 1979/12/31 First Use In Commerce: 1979/12/31
`SHIRTS, CAPS, HATS, JACKETS, COATS, AND WINDSHIRTS
`Class 026. First use: First Use: 1979/12/31 First Use In Commerce: 1979/12/31
`[ EMBROIDERED EMBLEMS ]
`Class 028. First use: First Use: 1937/12/31 First Use In Commerce: 1937/12/31
`FISHING RODS; FISHING REELS; FISHING LINE; ARTIFICIAL FISHING
`LURES; ARTIFICIAL AND PACKAGED FISHING BAITS; FISH
`ATTRACTANTS; FISHING TACKLE, namely, [ FISHING HOOKS, ] LEADERS
`USED FOR FISHING, FISHING LEADER KITS, DOWNRIGGERS, SWIVELS,
`SNAP SWIVELS, SNAPS, KNOTLESS FASTENERS, AND CONNECTOR
`SLEEVES; FISHING ROD RACKS; FISHING ROD HOLDERS; TACKLE
`BOXES; FISHING ROD CASES; SPORTSMAN'S FISHING BAGS; AND ICE
`FISHING STRIKE INDICATORS
`Class 036. First use: First Use: 1937/12/31 First Use In Commerce: 1937/12/31
`FINANCIAL SPONSORSHIP OF FISHING, GOLF AND TENNIS
`TOURNAMENTS
`
`U.S. Registration
`No.
`Registration Date
`
`1394179
`
`05/20/1986
`
`Application Date
`
`08/22/1985
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BERKLEY BIONIX
`
`NONE
`
`Class 028. First use: First Use: 1985/06/01 First Use In Commerce: 1985/06/17
`FISHING RODS
`
`U.S. Registration
`No.
`Registration Date
`
`1452323
`
`08/11/1987
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`BERKLEY SERIES ONE
`
`NONE
`
`Application Date
`
`01/05/1987
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Goods/Services
`
`Class 028. First use: First Use: 1986/03/01 First Use In Commerce: 1986/09/01
`FISHING ROD
`
`U.S. Registration
`No.
`Registration Date
`
`1731332
`
`11/10/1992
`
`Application Date
`
`03/16/1992
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BERKLEY LIMITED EDITION
`
`NONE
`
`Class 028. First use: First Use: 1991/03/01 First Use In Commerce: 1991/12/01
`fishing rods
`
`U.S. Registration
`No.
`Registration Date
`
`3022442
`
`12/06/2005
`
`Word Mark
`Design Mark
`
`BERKLEY AIR
`
`Application Date
`
`11/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 028. First use: First Use: 1991/02/01 First Use In Commerce: 1991/06/01
`FISHING RODS
`
`U.S. Registration
`No.
`Registration Date
`
`3121277
`
`07/25/2006
`
`Word Mark
`Design Mark
`
`BERKLEY BIG GAME
`
`Application Date
`
`09/10/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 028. First use: First Use: 2004/08/01 First Use In Commerce: 2005/02/01
`FISHING RODS; FISHING REELS; FISHING LINE; ARTIFICIAL BAITS FOR
`FISHING; TERMINAL FISHING TACKLE; AND FISHING ACCESSORIES,
`NAMELY, FISHING FLOATS, BOBBERS, FISHING HOOKS, WEIGHTS USED
`FOR FISHING IN THE NATURE OF SHOTS AND SINKERS, DIP NETS,
`LANDING NETS, BAIT CAPTURE NETS, IN GROUND AND MOUNTED ROD
`HOLDERS, FISHING BASKETS, FISH STRINGERS, FISH STRIKE
`INDICATORS, FISHING BUOYS, AND FISHING TACKLE BOXES
`
`

`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`3640326
`
`06/16/2009
`
`BERKLEY
`
`Application Date
`
`07/20/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the word "BERKLEY" in a stylized font with an oval
`background beneath a stylized image of a leaping fish.
`Class 036. First use: First Use: 2007/07/00 First Use In Commerce: 2007/07/00
`Financial sponsorship of fishing, golf and tennis tournaments
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`3731852
`
`12/29/2009
`
`BERKLEY
`
`Application Date
`
`07/20/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the word "BERKLEY" in a stylized font with an oval
`background.
`Class 008. First use: First Use: 2007/07/00 First Use In Commerce: 2007/07/00
`Manually operated fishing hand tools, namely, pliers, fishing knives, scissors,
`crimpers, fishing line cutters, and fishing line spooling stations consisting
`primarily of a bulk spool holder, a fishing reel holder and a line guiding device
`Class 009. First use: First Use: 2007/07/00 First Use In Commerce: 2007/07/00
`Fishing tools, namely, weigh scales
`Class 025. First use: First Use: 2007/07/00 First Use In Commerce: 2007/07/00
`Shirts, caps, hats, jackets, coats, and windshirts
`Class 026. First use: First Use: 2007/07/00 First Use In Commerce: 2007/07/00
`Embroidered emblems
`Class 028. First use: First Use: 2007/07/00 First Use In Commerce: 2007/07/00
`Fishing equipment, namely, fishing rods, fishing reels, fishing line, artificial
`
`

`
`fishing lures, packaged artificial fishing baits, fish attractants, fishing tackle,
`namely, fishing hooks, leaders used for fishing, fishing leader kits, downriggers,
`swivels, snap swivels, snaps, knotless fasteners, and connector sleeves; fishing
`rod racks; fishing rod holders; tackle boxes; fishing rod cases; sportsman's
`fishing bags; and ice fishing strike indicators
`
`U.S. Application
`No.
`Registration Date
`
`77438406
`
`NONE
`
`Word Mark
`Design Mark
`
`BERKLEY
`
`Application Date
`
`04/02/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use:
`sunglasses intended for use with fishing and cases for sunglasses
`
`U.S. Registration
`No.
`Registration Date
`
`3676445
`
`09/01/2009
`
`Word Mark
`Design Mark
`
`BERKLEY CLASSICS
`
`Application Date
`
`03/18/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 008. First use: First Use: 2007/01/23 First Use In Commerce: 2007/06/15
`Manually operated fishing hand tools, namely, fillet knives, fillet knife
`sharpeners, fishing pliers, fishing line strippers, and fishing line spooling stations
`consisting primarily of a bulk spool holder
`Class 009. First use: First Use: 2007/01/23 First Use In Commerce: 2007/06/15
`Fishing tools, namely, weigh scales
`Class 028. First use: First Use: 2007/01/23 First Use In Commerce: 2007/06/15
`
`

`
`Fishing equipment, namely, fishing tackle boxes, fishing rod racks, fishing rod
`holders, fishing rod cases, fishing handling devices, ice fishing strike indicators,
`and sportsman's fishing bags
`
`U.S. Registration
`No.
`Registration Date
`
`3824174
`
`07/27/2010
`
`Word Mark
`Design Mark
`
`BERKLEY 7 STRAND
`
`Application Date
`
`10/15/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of an oval at the top right of the main mark which contains the
`word "BERKLEY", the tail of the "Y" forming an oval around the word; a large
`number "7" at a slight angle below and slightly offcenter of the word "BERKLEY";
`through the "7" is the word "STRAND" at the same angle as the "7". Both the "7"
`and "STRAND" are outlined.
`Class 028. First use: First Use: 2006/02/15 First Use In Commerce: 2006/06/01
`Fishing tackle, namely, fishing lures, leaders and snells
`
`U.S. Registration
`No.
`Registration Date
`
`3013412
`
`11/08/2005
`
`Word Mark
`Design Mark
`
`BERKLEY POWERBAIT
`
`Application Date
`
`10/22/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the words Berkley PowerBait in a stylized font, canted
`upwardly to the right beneath a stylized image of a leaping fish.
`Class 028. First use: First Use: 2004/08/16 First Use In Commerce: 2004/08/16
`artificial fishing lures, artificial fishing lure bodies, kits composed of soft lure
`bodies and fishing hooks for making artificial fishing lures
`
`U.S. Registration
`No.
`
`3013413
`
`Application Date
`
`10/22/2004
`
`

`
`Registration Date
`
`Word Mark
`Design Mark
`
`11/08/2005
`
`Foreign Priority
`Date
`BERKLEY POWERBAIT BLADEDANCER
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of Stylized, canted text under a stylized image of a leaping
`fish.
`Class 028. First use: First Use: 2004/08/16 First Use In Commerce: 2004/08/16
`artificial fishing lures, artificial fishing lure bodies, kits composed of soft lure
`bodies and fishing hooks for making artificial fishing lures
`
`U.S. Application
`No.
`Registration Date
`
`85125494
`
`NONE
`
`Word Mark
`Design Mark
`
`BERKLEY PRO BRAID
`
`Application Date
`
`09/08/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 028. First use:
`Fishing tackle
`
`Attachments
`
`76558006#TMSN.gif ( 1 page )( bytes )
`76610856#TMSN.gif ( 1 page )( bytes )
`77234659#TMSN.jpeg ( 1 page )( bytes )
`77234685#TMSN.jpeg ( 1 page )( bytes )
`77438406#TMSN.jpeg ( 1 page )( bytes )
`77693630#TMSN.jpeg ( 1 page )( bytes )
`77849833#TMSN.jpeg ( 1 page )( bytes )
`78504163#TMSN.jpeg ( 1 page )( bytes )
`78504168#TMSN.jpeg ( 1 page )( bytes )
`85125494#TMSN.jpeg ( 1 page )( bytes )
`
`

`
`Pure Fishing Opposition.pdf ( 9 pages )(280559 bytes )
`
`Certificate of Service
`
`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.
`
`Signature
`Name
`Date
`
`/sara kanos/
`Sara C. Kanos
`02/28/2012
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`To the UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Trademark Trial and Appeal Board
`PO Box 1451
`
`Alexandria, Virginia 22313-1451
`
`In the matter of Trademark Application Serial No. 85330411
`For the mark: BERKLEY GOLF (design)
`Published in the Official Gazette on November 1, 2011
`
`Pure Fishing, |nc.,
`
`Opposer,
`
`v.
`
`Berkley Golf, LLC
`
`Applicant.
`
`\J\./\/\/\/é\./\/é
`
`NOTICE OF OPPOSITION
`
`PURSUANT TO 15 U.S.C. SECTION 1063
`
`Inc. (hereinafter “Opposer”), an Iowa corporation, whose
`Pure Fishing,
`address is 1900 18th Street, Sprint Lake, Iowa 51360, believes that it will be
`damaged by the registration of the mark BERKLEY GOLF (design shown below),
`Application Serial No. 85/330411 applied for by Berkley Golf, LLC (hereinafter
`“Applicant"), a Virginia limited liability company, whose address is P.O. Box 151
`Seaford, Virginia 23696.
`
`Applicant's Application Serial Number 85/330411 is described as follows:
`
`-BERKLEY
`
`Mark:
`
`GOLF
`
`Goods:
`
`Golf clubs, in International Class 028
`
`Filed:
`
`May 25, 2011
`
`

`
`Alleged Date of first use: 01/01/2011
`
`As grounds therefore, it is alleged that:
`
`Opposer is the owner of and uses the following marks (hereinafter
`1.
`collectively “Opposer’s Marks”)
`for which federal
`trademark registrations or
`notices of allowance have issued:
`
`Registration CLASS DESCRIPTION OF
`Or Serial
`GOODSISERVICE
`Number
`S
`
`
`
`
`
`1731332
`
`28
`
`fishing rods
`
`12/01/1991
`
`FIRST USE
`IN
`COMMERCE
`
`
`
`BIONIX
`
`SERIES ONE
`BERKLEY
`LIMITED
`
`EDITION
`BERKLEY
`
`
`12/31/1979
`(for class 7);
`
`
`
`2436312
`
`fishing tools,
`7; 8; 9;
`'
`' namely power-
`
`
`operated hook
`
`sharpeners and
`
`files;
`
`
`
`12/31/1979
`(for class 8);
`
`12/31/1979
`(for class 9)
`
`12/31/1979
`(for class 25);
`
`12/31/1937
`(for class 28)
`
`
`
`fishing hand tools,
`namely, pliers;
`fishing knives;
`scissors; crimpers;
`fishing line cutters;
`fishing line spooling
`stations consisting
`primarily of a bulk
`spool holder, a
`fishing reel holder
`and a line guiding
`device; and fishing
`line strippers;
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`fishing tools,
`namely weigh
`scales;
`
`
`
`
`shirts, caps, hats,
`jackets coats, and
`
`windshirts;
`
`
`
`
`
`

`
`
`fishing rods; fishing
`reels; fishing line;
`artificial fishing
`lures; artificial and
`packaged fishing
`baits; fish
`attractants; fishing
`tackle, namely,
`leaders used for
`
`
`
`12/31/1937
`(for class 36)
`
`fishing, fishing
`leader kits,
`downriggers,
`swivels, snap
`swivels, snaps,
`knotless fasteners,
`and connector
`
`sleeves; fishing rod
`racks; fishing rod
`holders; tackle
`boxes; fishing rod
`cases; sportsman’s
`fishing bags; and
`ice fishing strike
`indicators;
`
`
`
`
`
`06/01/1991
`
`02/01/2005
`
`financial
`
`sponsorship of
`fishing, golf and
`tennis tournaments
`
`BERKLEYAIR
`
`BERKLEY BIG
`
`GAME
`
`3022442 fishing rods
`
`3121277
`
`28
`
`'
`
`fishing rods; fishing
`reels; fishing line;
`artificial baits for
`
`fishing; terminal
`fishing tackle; and
`fishing accessories,
`namely fishing
`floats, bobbers,
`
`fishing hooks,
`
`weights used for
`
`fishing the nature of
`
`shots and sinkers,
`
`dip nets, landing
`
`nets, bait cature
`
`
`
`
`

`
`nets, in ground and
`mounted rod
`
`holders, fishing
`baskets, fishing
`stringers, fish strike
`indicators, fishing
`buoys, and fishing
`tackle boxes
`
`3640326
`
`financial
`
`07/00/2007
`
`3731852
`
`07/00/2007
`
`(for class 8);
`
`07/00/2007
`
`(for class 9);
`
`07/00/2007
`
`(for class 25);
`
`07/00/2007
`(for class 26);
`07/00/2007
`
`(for class 28)
`
`of
`sponsorship
`and
`fishing,
`golf
`tennis tournaments
`
`manually operated
`fishing hand tools,
`namely, pliers,
`fishing knives,
`scissors, crimpers,
`fishing line cutters,
`and fishing line
`spooling stations
`consisting primarily
`of a bulk spool
`holder, a fishing
`reel holder and a
`
`line guiding device;
`
`fishing tools,
`namely, weigh
`scales;
`
`shirts, caps, hats,
`jackets, coats, and
`windshirts;
`
`embroidered
`
`emblems;
`
`fishing equipment,
`namely, fishing
`rods, fishing reels,
`fishing line, artificial
`fishing lures,
`packaged artificial
`fishing baits, fish
`attractants, fishing
`tackle, namel
`
`

`
`BERKLEY
`
`77/438406
`
`BERKLEY
`
`CLASSICS
`
`3676445
`
`fishing hooks,
`leaders used for
`
`fishing, fishing
`leader kits,
`downriggers,
`swivels, snap
`swivels, snaps,
`knotless fasteners,
`and connector
`
`sleeves; fishing rod
`racks; fishing rod
`holders; tackle
`boxes; fishing rod
`cases; sportsman's
`fishing bags; and
`ice fishing strike
`indicators
`
`sunglasses
`intended for use
`
`with fishing and
`cases for
`lasses
`
`manually operated
`fishing hand tools,
`namely, fillet
`knives, fillet knife
`sharpeners, fishing
`pliers, fishing line
`strippers, and
`fishing line spooling
`stations consisting
`primarily of a bulk
`spool holder;
`
`fishing tools,
`namely, weigh
`scales;
`
`fishing equipment,
`namely, fishing
`tackle boxes,
`fishing rod racks,
`fishing rod holders,
`fishing rod cases,
`fishing handling
`devices, ice fishin
`
`06/15/2007
`
`(for class 8);
`
`06/15/2007
`
`(for class 9);
`
`06/15/2007
`
`(for class 28)
`
`

`
`
`
`strike indicators,
`and sportsman's
`fishin - ba s
`
`fishing tackle,
`namely, fishing
`lures, leaders and
`snells
`
` 06/01/2006
`
`
`
`08/16/2004
`
`08/16/2004
`
`
`
`3013412
`
`3013413
`
`28
`
`artificial fishing
`lures, artificial
`fishing lure bodies,
`kits composed of
`soft lure bodies and
`
`
`
`
`
`fishing hooks for
`making artificial
`fishin lures
`
`artificial fishing
`lures, artificial
`fishing lure bodies,
`kits composed of
`soft lure bodies and
`
`fishing hooks for
`making artificial
`fishin lures
`
`fishing tackle
`
`
`
`'
`
`'
`
`~
`
`BERKLEY PRO
`BRAID
`
`9."
`
`‘
`
`V_»,.,w
`
`3824174
`
`28
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5.
`
`
`
`Numerous of Opposer’s Registrations, including Registration Nos.
`2 .
`3013413, 3013412, 3022442, 2436312, 1731332, 1452323, and 1394179 have
`achieved incontestable status.
`
`Opposer’s goods and services as identified above are closely
`3.
`related to Applicant's goods, which Applicant alleges to be offering in connection
`with the mark BERKLEY GOLF and design.
`
`Opposer’s Marks and Applicant's BERKLEY GOLF mark are
`4.
`confusingly similar when applied to the goods and services of the parties.
`Indeed, Applicant's mark incorporates Opposer’s Mark BERKLEY entirely, and is
`distinguished only by a generic or highly descriptive designation, GOLF, which
`Applicant disclaimed, and a small,
`if not undetectable, cross design that
`is
`engulfed by the letter “B” in BERKLEY.
`
`Opposer’s dates of first use anywhere and in commerce of each of
`5.
`its marks, with the exception of the allowed applications, long predate App|icant’s
`
`6
`
`

`
`filing date and its alleged date of first use. Applicant’s registration should
`therefore be refused under Section 2(d) of the Lanham Act, 15 U.S.C. §1052(d).
`
`the mark BERKLEY GOLF falsely
`Applicant’s alleged use of
`6.
`suggests a connection with Opposer based on the similarity with Opposer’s
`Marks. Applicant’s goods and services are related to the goods and services
`offered under Opposer’s Marks and, therefore, registration of Applicant’s Mark
`will cause the relevant purchasing public to erroneously assume and be
`confused, misled, or deceived that Applicant's goods and services are provided
`by,
`licensed by, controlled by, sponsored by, or in some way related to or
`associated with Opposer, all
`to Opposer’s irreparable damage. Applicant’s
`registration should further be denied under Section 2(a) of the Lanham Act, 15
`U.S.C. §1052(a).
`
`Upon information and belief, Applicant was exposed to Opposer’s
`7.
`Marks in commerce prior to filing the application for
`registration at
`issue.
`Applicant’s application for registration should be denied as Applicant is not (and
`was not, at the time of the filing of its application for registration) the rightful
`owner of the mark at issue.
`
`Applicant has committed fraud in attempting to procure a trademark
`8.
`registration through knowingly making false, material representations of fact with
`the intent to deceive in connection with Application Serial No. 85/330411, in that
`
`a. Opposer did in fact use its referenced registered marks,
`which marks are the same or confusingly similar
`to
`Applicant’s, at the time Applicant submitted its May 25,
`2011 application;
`
`b. Opposer has superior legal rights to Applicant;
`
`c. Applicant knew that Opposer had superior rights and
`believed that a likelihood of confusion would result from
`Applicant’s use of its mark or had no reasonable basis for
`believing otherwise; and
`
`d. Applicant, in failing to disclose Opposer’s Marks, intended
`to procure a registration to which it is not entitled.
`
`Since Opposer owns Opposer’s Marks by virtue of prior use,
`9.
`mistake or deception as to the source of origin of the goods will arise and will
`injure and damage the Opposer and its goodwill.
`
`As a result of Opposer’s long use, extensive advertising and
`10.
`promotion, and successful sales for many years, Opposer’s Marks have become
`
`

`
`well known and distinctive, long prior to any date which has or may be claimed by
`Applicant.
`
`In view of Opposer’s prior use of the above-identified marks, as well
`11.
`as the harm to Opposer and the relevant purchasing public, Applicant is not
`entitled to registration of the mark BERKLEY GOLF.
`
`WHEREFORE, Opposer requests that Application Serial No. 85/330411
`be denied, and that this Opposition be sustained in favor of Opposer. The
`required opposition fee is submitted herewith.
`
`Resfiectfully submitted,
`Si C. Kanos
`Reg. No. 50,543
`Nexsen Pruet, LLC
`Post Office Drawer 10648
`
`Greenville, SC 29603
`Tel: (864) 282-1171
`Fax: (864) 282-1177
`skanos@nexsenpruet.com
`
`Dated: February 28, 2012
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that pursuant to 37 C.F.R. §2.119, a true and correct copy
`of Opposer’s Notice of Opposition re: Pure Fishing, Inc. v. Berkley Golf, LLC was
`forwarded by first class, postage prepaid mail by depositing the same with the
`U.S. Postal Service and by electronic mail on this 28‘ day of February, 2012, to
`the owner for the Applicant at the following address:
`
`Adam Berkley
`Berkley Golf, LLF
`P.O. Box 151
`
`Seaford, VA 23696
`berk|eyputters@gmai|.com
`
`I declare under penalty of perjury of the United States of America that the
`foregoing is true and correct.
`
`Sara C. Kanos
`
`Nexsen Pruet, LLC
`55 E. Camperdown Way, Suite 400
`Greenville, South Carolina 29601
`(864) 282-1171
`skanos@nexsenpruet.com
`
`Dated: February 28, 2012
`Greenville, South Carolina