`ESTTA496411
`ESTTA Tracking number:
`09/25/2012
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91205769
`Defendant
`RPM Sports Limited
`BRIAN P GREGG
`MCNEES WALLACE & NURICK
`100 PINE STREET, PO BOX 1166
`HARRISBURG, PA 17108-1166
`UNITED STATES
`trademarks@mwn.com,bgregg@mwn.com
`Answer
`Brian P. Gregg
`trademarks@mwn.com,bgregg@mwn.com,uspto@raineslaw.com
`/Brian P. Gregg/
`09/25/2012
`A3053228.PDF ( 4 pages )(11484 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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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of:
`Trademark Application Serial No.:
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`Filed:
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`Trademark:
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`International Class:
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`Published in The Official Gazette:
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`79/096,476
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`March 30, 2011
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`POWERSPIN
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`028
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`February 21, 2012
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`Opposition No. 91205769
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`FILED ELECTRONICALLY
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`Mad Dogg Athletics, Inc.,
`Opposer
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`v.
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`RPM Sports Limited,
`Applicant
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`Attn: BOX TTAB, NO FEE
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`APPLICANT'S ANSWER TO NOTICE OF OPPOSITION
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`1.
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`Admitted, with qualification. By way of qualification, Applicant admits only
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`that records of the TESS contain the information alleged in Paragraph 1 of the Notice of
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`Opposition.
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`2.
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`Denied. Applicant is without knowledge or information sufficient to form a belief
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`as to the truth of the averments of Paragraph 2 of the Notice of Opposition, and the same are
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`therefore denied.
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`3.
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`Denied. Applicant is without knowledge or information sufficient to form a belief
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`as to the truth of the averments of Paragraph 3 of the Notice of Opposition, and the same are
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`therefore denied.
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`4.
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`Denied. Applicant is without knowledge or information sufficient to form a belief
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`as to the truth of the averments of Paragraph 4 of the Notice of Opposition, and the same are
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`therefore denied.
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`5.
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`Denied. Applicant is without knowledge or information sufficient to form a belief
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`as to the truth of the averments of Paragraph 5 of the Notice of Opposition, and the same are
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`therefore denied.
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`6.
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`Denied. Applicant is without knowledge or information sufficient to form a belief
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`as to the truth of the averments of Paragraph 6 of the Notice of Opposition, and the same are
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`therefore denied.
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`7.
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`Denied. Applicant is without knowledge or information sufficient to form a belief
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`as to the truth of the averments of Paragraph 7 of the Notice of Opposition, and the same are
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`therefore denied.
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`8.
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`Admitted in part and denied in part. Applicant admits that it has filed an
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`application for the POWERSPIN mark on the date and for the goods identified in Paragraph 8 of
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`the Notice of Opposition. Applicant is without knowledge or information sufficient to form a
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`belief as to the truth of the averments regarding any rights of Opposer to a family of SPIN marks
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`as alleged in Paragraph 8 of the Notice of Opposition, and the same are therefore denied.
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`9.
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`Denied. Applicant is without knowledge or information sufficient to form a belief
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`as to the truth of the averments of Paragraph 9 of the Notice of Opposition, and the same are
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`therefore denied.
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`10.
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`Denied.
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`11.
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`Denied.
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`12.
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`Denied.
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`Denied.
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`Denied.
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`Admitted.
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`16.
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`Admitted.
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`AFFIRMATIVE DEFENSES
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`First Defense
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`17.
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`Opposer's Notice of Opposition fails to state a claim upon which relief can be
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`granted.
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`Second Defense
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`18.
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`There is no likelihood of confusion between the marks used by Applicant and
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`Opposer.
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`WHEREFORE, Applicant RPM Sports Limited demands that the opposition of Opposer
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`Mad Dogg Athletics, Inc. be dismissed with prejudice.
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`McNEES WALLACE & NURICK LLC
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`By
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`/s/ Brian P. Gregg
`Harvey Freedenberg
`Brian P. Gregg
`100 Pine Street, P. O. Box 1166
`Harrisburg, PA 17108-1166
`(717) 232-8000
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`Attorneys for Applicant
`RPM Sports Limited
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`Date: September 25, 2012
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on this date a true and correct copy of the Answer
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`to Notice of Opposition was electronically mailed to uspto@raineslaw.com and a courtesy
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`hard copy was mailed via First Class Mail to:
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`Konrad K. Gatien
`Raines Feldman LLP
`9720 Wilshire Blvd., Fifth Floor
`Beverly Hills, California 90212
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`/s/ Brian P. Gregg
`Brian P. Gregg
`Of Counsel for Applicant
`RPM Sports Limited
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`Dated: September 25, 2012
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`4
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