C G d e S I S C h U t t e
`
`alimitedliabilitylawpartnership
`
`
`
`TRANSMITTAL MEMORANDUM
`
`TO:
`
`Commissioner for Trademarks
`
`P.O. Box 145 1
`
`Alexandria, VA 22313-1451
`
`FROM:
`
`Martin E. Hsia, Esq.
`
`DATE:
`
`April 19, 2012
`
`RE:
`
`Serial No.:
`
`85/340335
`
`Mark:
`
`“EXCELCYCLE”
`
`Opposer:
`Applicant:
`
`Seal Trademarks Pty Ltd
`Puklich Bicycles, Inc. dba ExcelCycle
`
`We are sending you the following:
`
`ORIG.
`
`CPIES
`
`DATED
`
`DESCRIPTION
`
`A
`
`X
`
`X
`
`X
`
`4/19/2012
`
`Notice of Opposition; Exhibits A-C; Proof of
`Service
`
`4/19/2012
`
`Filing Fee ($300.00)
`
`4/19/2012
`
`Postcard receipt of Notice of Opposition; Exhibits
`A-C; Proof of Service and Filing Fee
`
`E] For your information
`E] For your files
`El Per your request
`CI Per our conversation
`
`[1 For signature and return
`E] For signature, forwarding,
`as noted below & return
`Cl For review & comment
`
`El For distribution
`E For necessary action
`[2] For recording/filing
`CI Are returned herewith
`
`
`I hereby certify that this correspondence is being deposited why 11-;
`UuicedSt9tesP mus
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`“mm to: Cgnmiszgggfliiiogsgsgaggggfgsgi 1; 3.
`
`Nfifalldlia. VA 22313-1451, on the date shown below.
`
`M,
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`v// 7/: x
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` Kona Office
`75-170 Hualalai Road, Suite 303
`Kailua Kona, Hawaii 96740
`Tel: 808.329-S811
`Fax: 808.326-1175
`
`
`
`

`
`TTA6
`
`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Trademark Application Serial No. 85/340335
`Filed on June 7, 2011
`For the mark “EXCELCYCLE”
`
`Published: October 25, 2011
`
`SEAL TRADEMARKS PTY LTD,
`
`Opposer,
`
`v.
`
`PUKLICH BICYCLES, INC.,
`
`DBA EXCELCYCLE,
`
`Applicant.
`____________________________J
`
`%%%%€\/\/\}¥/M
`
`Opposition No.:
`
`NOTICE OF OPPOSITION
`
`SEAL TRADEMARKS PTY LTD (“Opposer”), whose mailing address is
`
`1 Billabong Place, Burleigh Heads 4220, Queensland, Australia, believes it will be damaged by
`
`registration of the mark “EXCELCYCLE” shown in Application Serial No. 85/340335 (the
`
`“Application”) filed on June 7, 2011, by PUKLICH BICYCLES, INC., DBA EXCELCYCLE
`
`(“Applicant”) for “Retail store and on-line retail store services featuring bicycles and bicycle
`
`04/25/2012 SHILSON1 00000003 85340335
`
`01 FC:6-502
`
`300.00 DP
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being deposited
`with the United States Postal Service as First Class Mail in an
`envelope addressed to: Commissioner for Trademarks, P.O.
`Box 1451, Alexandria, Virginia 22313-1451 on the date
`shown below:
`/$4/::¢5,4«*
`
`MARTIN E. HSIA 32,47I
`
`a e:
`/ I L
`D ‘ LL4
`
`WWWWWWWWWWW
`04-23-2012
`
`U 3 Falanl
`
`Y. Tl‘l‘3i=:/Tl‘. llsil Rtpt Dr.
`
`#31
`
`

`
`related products and accessories” in International Class 35‘,
`
`therefore, hereby submits the
`
`following for its opposition to the Application in International Class 35 gilyz
`
`1.
`
`Opposer owns the following U.S. Trademark Registrations for the mark,
`
`“XCEL”: (a) Registration No. 1,622,623 for “bathing suits and bicycling apparel, namely, shirts,
`
`tights, jerseys, shorts, hats” in International Class 25; (b) Registration No. 2,217,115 for “retail
`
`stores featuring wetsuits, swimsuits and watersport related goods” in International Class 35; (c)
`
`Registration No. 1,965,081 for “wetsuits, swimwear, T-shirts, sweat shirts, sweat pants, jerseys,
`
`jackets,
`
`shirts,
`
`shorts, headwear,
`
`footwear, namely surf bootees and dive bootees” in
`
`International Class 25; (d) Registration No. 1,292,982 for “Wetsuits” in International Class 25;
`
`(e) Registration No. 2,948,566 for “Surfboard Bags, and Bodyboard Bags” in International Class
`
`28; (0 Registration No. 3,785,057 for “Duffle Bags; Beach Bags; Backpacks” in International
`
`Class 18, and “Diving Bags” in International Class 28; (g) Registration No. 2,977,752 for “Life
`
`Jackets” in International Class 9; and (h) Registration No. 3,734,522 for “Light beverages,
`
`namely, energy drinks” in International Class 32.
`
`2.
`
`Opposer,
`
`through its predecessor in interest, has established use of
`
`“XCEL” in connection with retail stores featuring wetsuits, swimsuits and watersport related
`
`goods since at least as early as October 1, 1982.
`
`3.
`
`Opposer,
`
`through its predecessor in interest, has established use of
`
`“XCEL” in connection with clothing and wetsuits, among other things, since at least as early as
`
`June 19, 1982.
`
`' The Application also includes “Repair of bicycles” in International Class 37, which Opposer is not opposing.
`
`

`
`4.
`
`Opposer,
`
`through its predecessor in interest, has established use of
`
`“XCEL” and “XCEL PRO” in connection with arranging and conducting athletic competitions
`
`since at least as early as October 1984.
`
`5.
`
`Opposer owns U.S. Trademark Registration No. 2,975,385 for the mark
`
`“XCEL PRO” for “Arranging and Conducting Athletic Competitions” in International Class 41.
`
`6.
`
`Opposer owns U.S. Trademark Registration No. 2,345,952 for the mark
`
`“EXCELWEAR” for “outdoor clothing, namely, shorts” in International Class 25.
`
`7.
`
`Opposer owns U.S. Trademark Registration No. 2,957,141 for the mark
`
`“EXCEL LITE” and design for “Low calorie pre-sweetened powdered mix used in the
`
`preparation of soft drinks” in International Class 32.
`
`8.
`
`The
`
`goods
`
`and
`
`services
`
`covered by Opposer’s
`
`above-identified
`
`registrations for “XCEL”, “XCEL PRO”, “EXCELWEAR”, and “EXCEL LITE” (collectively,
`
`“Opposer’s Registrations”) are collectively referred to herein as the “XCEL Goods.”
`
`9.
`
`Opposer’s Registrations are valid, subsisting, and remain in full force and
`
`effect, evidencing the validity and Opposer’s exclusive ownership of, and the right to use, the
`
`marks “XCEL”, “XCEL PRO”, “EXCELWEAR”, “EXCEL LITE” and any mark confusingly
`
`similar thereto, or which causes the dilution thereof, for the XCEL Goods and any other goods
`
`and/or services related thereto.
`
`10.
`
`Opposer’s U.S. Trademark Registration Nos. 1,622,623; 1,965,081;
`
`1,292,982; 2,217,115; 2,977,752 and 2,345,952, have each become “incontestable”, pursuant to
`
`Section 15 of the Lanham Act, 15 U.S.C. § 1065, and they therefore constitute “conclusive
`
`evidence of the validity of the registered mark and of the registration of the mark, of the
`
`

`
`registrant's ownership of the mark, and of the registrant's exclusive right to use the registered
`
`mark in commerce.” 15 U.S.C. l115(b).
`
`11.
`
`Opposer’s Registrations do not contain any restrictions as to trade
`
`charmels or purchasers.
`
`12.
`
`For many years, Opposer and its predecessor in interest have advertised,
`
`sold, and distributed the XCEL Goods in connection with the marks “XCEL”, “XCEL PRO”,
`
`and “EXCELWEAR” throughout the United States and the world. Opposer has developed an
`
`exceedingly valuable goodwill with respect
`
`to its marks “XCEL”, “XCEL PRO”, and
`
`“EXCELWEAR”.
`
`13.
`
`By virtue of its efforts,
`
`the expenditure of considerable sums for
`
`advertising and promotional activities, and by virtue of the excellence of its goods and services,
`
`Opposer, through its predecessor in interest, has gained a most valuable reputation for its marks
`
`“XCEL”, “XCEL PRO”, and “EXCELWEAR”.
`
`14.
`
`15.
`
`§ 1125(c)(1).
`
`Opposer’s mark “XCEL” is famous pursuant to 15 U.S.C. § 1125(c)(1).
`
`Opposer’s mark “XCEL PRO”
`
`is
`
`famous pursuant
`
`to
`
`15 U.S.C.
`
`16.
`
`Opposer’s mark “XCEL” is famous for clothing, wetsuits, sporting goods,
`
`retail stores, athletic competitions, and related products, such as bags, as well as surfing and
`
`other water sports, pursuant to 15 U.S.C. § 1125(c)(1).
`
`17.
`
`Opposer is the only holder of U.S. trademark registrations for “XCEL” for
`
`sporting goods in International Class 28 and bags in International Class 18.
`
`18.
`
`Opposer owns all
`
`live U.S.
`
`trademark registrations for “XCEL” in
`
`International Class 25.
`
`

`
`19.
`
`On June 7, 2011, on information and belief, Applicant filed with the U.S.
`
`Patent and Trademark Office (the “Trademark Office”) the Application for registration of the
`
`mark “EXCELCYCLE” (“Applicant’s Mark”).
`
`20.
`
`The Application seeks registration of Applicant’s Mark for “Retail store
`
`and on-line retail store services featuring bicycles and bicycle related products and accessories”
`
`in International Class 35, and “Repair of bicycles” in lntemational Class 38.
`
`21.
`
`The goods and services set forth in the Application are related to the goods
`
`and services in connection with which Opposer has used and is using its marks “XCEL”, “XCEL
`
`PRO”, “EXCELWEAR”, and “EXCEL LITE”, including but not limited to the XCEL Goods.
`
`22.
`
`As indicated in paragraph 1 above, Opposer owns a service mark
`
`registration for the mark “XCEL” for retail stores featuring wetsuits, swimsuits and watersport
`
`related goods.
`
`clothing items.
`
`23.
`
`Opposer’s retail stores sell, among other things, sporting equipment and
`
`24.
`
`The Application identifies retail store and on-line retail store services
`
`featuring bicycles and bicycle related products and accessories. These items overlap with the
`
`goods covered by Registration No. 1,622,623 for “XCEL” for bicycling apparel, among other
`
`things.
`
`25.
`
`Retail stores and on-line retail stores that sell bicycles and bicycle related
`
`products and accessories also sell clothing, wetsuits, sporting goods for water sports, and related
`
`products,
`
`such as bags, as shown by U.S. Trademark Registration No. 3,810,377 for
`
`“ENDURANCE HOUSE” (copy attached hereto as Exhibit “A”) for “On-line retail store
`
`services featuring triathlon shoes, triathlon bicycles, triathlon wetsuits, triathlon clothing, and
`
`

`
`triathlon accessories, namely, running shoes, walking shoes, sports shoes, cycling shoes, sports
`
`clothing, swimming clothing, sports accessories, namely, foot care products, hydration products,
`
`muscle care products, sports nutrition products, sports watches, sunglasses, books, magazines,
`
`athletic bags, heart rate monitors; Retail stores featuring triathlon shoes,
`
`triathlon bicycles,
`
`triathlon wetsuits, triathlon clothing, and triathlon accessories, namely, running shoes, walking
`
`shoes, sports shoes, cycling shoes, sports clothing, swimming clothing, sports accessories,
`
`namely, foot care products, hydration products, muscle care products, sports nutrition products,
`
`sports watches, sunglasses, books, magazines, athletic bags, heart rate monitors” in International
`
`Class 35.
`
`26.
`
`Retail stores that sell bicycles and bicycle related products and accessories
`
`also sponsor athletic competitions, as shown by U.S. Trademark Registration No. 3,398,132 for
`
`“GHISALLO” (copy attached hereto as Exhibit “B”) for “retail store services featuring bicycles,
`
`bicycle parts, and clothing, gear and accessories for cycling, swimming, running, triathlon and
`
`general fitness” in lntemational Class 35, and “arranging and conducting athletic competitions,
`
`namely, running events, cycling events and triathlons” in International Class 41.
`
`27.
`
`The goods and services set forth in the Application are related to clothing,
`
`wetsuits, sporting goods, retail stores featuring wetsuits, swimsuits and watersport related goods,
`
`and arranging and conducting athletic competitions.
`
`28.
`
`The goods and services set forth in the Application are related to surfing
`
`and other watersport related goods because they are all sporting goods.
`
`29.
`
`Opposer owns well-established rights to the marks “XCEL” and “XCEL
`
`PRO” in connection with clothing, wetsuits, sporting goods and accessories, sporting events, and
`
`retail stores featuring wetsuits and watersport related goods.
`
`

`
`30.
`
`Opposer's registered marks “XCEL”, “XCEL PRO”, “EXCELWEAR”,
`
`“EXCEL LITE” and Applicant’s Mark, or the dominant portions thereof, would be pronounced
`
`identically by many potential consumers of bicycles and bicycle related goods and services.
`
`31.
`
`Opposer's registered marks “XCEL”, “XCEL PRO”, “EXCELWEAR”,
`
`“EXCEL LITE” and Applicant’s Mark, or the dominant portions thereof, would be pronounced
`
`similarly by many potential consumers of bicycles and other sports related goods and services.
`
`32.
`
`The dominant portion of Applicant’s mark is “EXCEL”.
`
`33.
`
`“EXCEL” is a laudatory term, in that it attributes quality or excellence to
`
`the goods and services set forth in the Application, and is thus merely descriptive under Section
`
`2(e)(l) ofthe Lanham Act, 15 U.S.C. § 1052.
`
`34.
`
`Attached hereto as Exhibit “C” is a printout of Applicant’s Internet web
`
`site homepage for its on-line retail store featuring bicycles and bicycle related products.
`
`35.
`
`On information and belief, Applicant is using Applicant’s Mark in the
`
`manner shown in Exhibit “C”.
`
`36.
`
`Exhibit “C” shows that Applicant’s logo, which incorporates Applicant’s
`
`Mark, emphasizes the “EXCEL” portion of the mark by presenting it in a different color and by
`
`presenting the “X” in a larger size and typeface.
`
`37.
`
`Exhibit “C” shows that Applicant’s logo, which incorporates Applicant’s
`
`Mark, deemphasizes the “CYCLE” portion of the mark.
`
`38.
`
`“EXCEL” and “XCEL” are pronounced identically by many potential
`
`purchasers.
`
`purchasers.
`
`39.
`
`“EXCEL” and “XCEL” are pronounced similarly by many potential
`
`

`
`40.
`
`“EXCELCYCLE” contains “XCEL”.
`
`41.
`
`The term “CYCLE” is merely generic or descriptive of the goods and
`
`services set forth in the Application.
`
`42.
`
`“XCEL” is a misspelling of “EXCEL”.
`
`43.
`
`Applicant’s Mark is confusingly similar to “XCEL”.
`
`44.
`
`Applicant’s Mark is confusingly similar to “XCEL PRO”.
`
`45.
`
`Applicant’s Mark is confusingly similar to “EXCELWEAR”.
`
`46.
`
`The Application is not restricted as to channels of trade or purchasers.
`
`47.
`
`The use and registration of the Applicant’s Mark, as indicated above,
`
`would result in confiision, mistake, and/or deception as to the source or origin of the goods and
`
`services set forth in the Application,
`
`leading consumers to believe that they are somehow
`
`affiliated with, approved, sponsored, or licensed by Opposer.
`
`48.
`
`A likelihood of confusion exists under Section 2(d) of the Lanham Act, 15
`
`U.S.C.
`
`§
`
`1052(d),
`
`between Opposer’s
`
`registered marks
`
`“XCEL”,
`
`“XCEL PRO”,
`
`“EXCELWEAR”, “EXCEL LITE”, and Applicant’s Mark.
`
`49.
`
`If Applicant is permitted to use and register Applicant’s Mark for the
`
`goods and services set forth in the Application, confusion in trade, resulting in irreparable
`
`damage and injury to Opposer, inevitably would result by reason of the similarity between
`
`Applicant’s and Opposer’s marks and the goods and services sold and provided thereunder. Any
`
`defect, objection, or fault found with goods or services marketed under Applicant’s Mark, would
`
`reflect on, and injure, the reputation Opposer has established for goods and services sold under
`
`its marks “XCEL”, “XCEL PRO”, “EXCELWEAR”, and “EXCEL LITE”.
`
`

`
`50.
`
`If Applicant is granted the registration herein opposed, Applicant would
`
`obtain a prima facie exclusive right
`
`to use the mark set forth in the Application.
`
`Such
`
`registration would become a source of damage and injury to Opposer through the generation of
`
`COI1fi.1Sl01’l, mistake, and/or deception,
`
`the dilution of Opposer’s registered marks, and the
`
`diminution of Opposer’s ability to control the quality of goods and services sold thereunder.
`
`51.
`
`Moreover, such registration would run contrary to the requirement that all
`
`doubts as to the likelihood of confusion must be resolved in favor of Opposer, and against
`
`Applicant, who has a legal duty to select a mark totally dissimilar to marks already in use.
`
`52.
`
`Applicant’s Mark as used on the goods and services set forth in the
`
`Application, would likely dilute, and/or would actually dilute, the distinctiveness of Opposer’s
`
`marks, “XCEL”, “XCEL PRO”, “EXCELWEAR” and “EXCEL LITE”.
`
`53.
`
`On information and belief,
`
`the goods and services set forth in the
`
`Application are or will be offered to the same class of purchasers and users who purchase and
`
`use the goods and services in connection with which Opposer has used and is using its “XCEL”,
`
`“XCEL PRO”, “EXCELWEAR” and “EXCEL LITE” marks.
`
`54.
`
`There is no issue as to priority. Opposer has been using its “XCEL”,
`
`“XCEL PRO”, “EXCELWEAR” and “EXCEL LITE” marks since before the Application’s
`
`filing date. As evidenced by Opposer’s Registrations, Opposer’s marks “XCEL”, “XCEL PRO”,
`
`“EXCELWEAR” and “EXCEL LITE” have been used since at least as early as June 19, 1982,
`
`October 1984, November 1, 1997, and January 1, 2004, respectively. On information and belief,
`
`Applicant did not use Applicant’s Mark in commerce in the United States in connection with the
`
`goods and services set forth in the Application, prior to Opposer’s use of the marks “XCEL”,
`
`“XCEL PRO”, and “EXCELWEAR” and “EXCEL LITE.
`
`

`
`55.
`
`On information and belief, and as indicated in the Application, Applicant
`
`only began using its mark in commerce on May 13, 2006.
`
`WHEREFORE, Opposer prays that
`
`this Opposition be sustained,
`
`that
`
`the
`
`Application be refused, and that the mark applied for therein be refused registration. The fee
`
`required pursuant to 37 C.F.R. § 2.6(a)(l7) is enclosed herewith.
`
`DATED: Honolulu, Hawaii, April ’fi_, 2012.
`
`Respectfully submitted,
`
`/7"Jé_¢g/
`
`Martin E. Hsia, Reg. No. 32,471
`CADES SCHUTTE LLP
`
`A Limited Liability Law Partnership
`1000 Bishop Street, Suite 1200
`Honolulu, HI 96813
`
`Tel: (808) 521-9200
`
`Attorneys for Opposer
`SEAL TRADEMARKS PTY LTD
`
`lmanageDB :2065884.1
`
`

`
`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Trademark Application Serial No. 85/340335
`Filed on June 7, 2011
`For the mark “EXCELCYCLE”
`
`Published: October 25, 2011
`
`SEAL TRADEMARKS PTY LTD,
`
`Opposer,
`
`v.
`
`PUKLICH BICYCLES, INC.
`
`DBA EXCELCYCLE,
`
`Applicant.
`__M
`
`\)%/%/Q/\%\)§/\)§/\2
`
`Opposition No.:
`
`PROOF OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy of OPPOSER’S NOTICE OF
`
`OPPOSITION was mailed by prepaid U.S. First Class Mail this _'_i day of April 2012, to: Kerry
`
`A. Trapp, Esq., Morrison Sund PLLC, 5125 County Road 101, Suite 202, Minnetonka,
`
`Minnesota 55345.
`
`DATED: Honolulu, Hawaii, April L2 2012.
`
`Wém
`
`Martin E. Hsia, Reg. No. 32,471
`CADES SCHUTTE LLP
`
`1000 Bishop Street, Suite 1200
`Honolulu, HI 96813
`
`(808) 544-3835
`
`Attorneys for Opposer
`SEAL TRADEMARKS PTY LTD
`
`ImanageDB:2065884.l
`
`

`
`“A99
`
`

`
`W3“-my étates of Quiet’
`
`Tlliuiteh étates iBatentanI1 fllirahemark QBff1'1:2
`
`ENDURANCE HOUSE
`
`Reg. No. 3,810,377
`
`ENDURANCE HOUSE INC. (ARIZONA CORPORATION)
`1701 DEMING WAY #102
`
`Registered June 29, 2010 MIDDLETON, WI 53562
`
`Int. CL: 35
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`FOR: ON-LINE RETAIL STORE SERVICES FEATURING TRIATHLON SHOES, TRIATHLON
`BICYCLES, TRIATHLON WETSUITS, TRIATHLON CLOTHING, AND TRIATHLON AC-
`CESSORIES, NAMELY, RUNNING SIIOES, WALKING SIIOES, SPORTS SHOES, CYCLING
`SHOES, SPORTS CLOTHING, SWIMMING CLOTHING, SPORTS ACCESSORIES, NAIVIELY,
`FOOT CARE PRODUCTS, HYDRATION PRODUCTS, MUSCLE CARE PRODUCTS, SPORTS
`NUTRITION PRODUCTS, SPORTS WATCHES, SUNGLASSES, BOOKS, MAGAZINES,
`ATHLETIC BAGS, HEART RATE MONITORS; RETAIL STORES FEATURING TRIATHLON
`SHOES, TRIATHLON BICYCLES, TRIATHLON WETSUITS, TRIATHLON CLOTHING, AND
`TRIATHLON ACCESSORIES, NAMELY, RUNNING SHOES, WALKING SHOES, SPORTS
`SHOES, CYCLING SHOES, SPORTS CLOTHING, SWIMMING CLOTHING, SPORTS AC-
`CESSORIES, NAMELY, FOOT CARE PRODUCTS, HYDRATION PRODUCTS, MUSCLE
`CARE PRODUCTS, SPORTS NUTRITION PRODUCTS, SPORTS WATCHES, SUNGLASSES,
`BOOKS, MAGAZINES, ATIILEIIC BAGS, HEART RATE MONITORS, IN CLASS 35 (U.S.
`CLS. 100, 101 AND 102).
`
`FIRST USE I-13-2007', IN COMMERCE 1-13-2007.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITIIOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SER. NO. 77-866,573, FILED II-6-2009.
`
`KELLEY WELLS, EXAMINING ATTORNEY
`
`
`
`Dinxtur ufthc Unilcd Sluln I’:m:nl and l‘m\lL-mark Olficc
`
`

`
`“B99
`
`

`
`Int. Cls.: 35 and 41
`
`Prior U.S. Cls.: 100, 101, 102 and 107
`
`United States Patent and Trademark Office
`
`Reg. No. 3,398,132
`Registered Mar. 13, zoos
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`GHISALLO
`
`GHISALLO HOLDINGS, LLC (MISSOURI LTD
`LIAB CO)
`161 LONG ROAD, SUITE 103
`CHESTERFIELD, MO 63005
`
`FOR: RETAIL STORE SERVICES FEATURING
`BICYCLES, BICYCLE PARTS, AND CLOTHING,
`GEAR AND ACCESSORIES FOR CYCLING, SWIM-
`MING, RUNNING, TRIATHLON AND GENERAL
`FITNESS, IN CLASS 35 (U.S. CLS. 100, 101 AND 102).
`
`EVENTS, CYCLING EVENTS AND TRIATHLONS,
`IN CLASS 41 (U.S. CLS. 100, 101 AND 107).
`
`FIRST USE 2-28-2004; IN COMMERCE 2-28-2004.
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`FIRST USE 2-28-2004; IN COMMERCE 2-28-2004.
`
`SER. NO. 77-232,357, FILED 7-18-2007.
`
`FOR: ARRANGING AND CONDUCTING ATH-
`LETIC COMPETITIONS, NAMELY, RUNNING
`
`CHRIS WELLS, EXAMINING ATTORNEY
`
`

`
`“C99
`
`

`
`Road Bike Wheels, Tires, Cycle Saddles, Biking Shoes, Clothing, Accessories
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