Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA498518
`ESTTA Tracking number:
`10/05/2012
`
`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
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`Name
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`Entity
`Address
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`Parenting Sleep Solutions, Intl' Maternity Institute, Assoc of Professional Sleep
`consultants, Sleep Diagnostics
`Corporation
`PO Box 455
`Fairfax, CA 94930
`UNITED STATES
`
`Texas and California
`
`Citizenship
`
`Attorney
`information
`
`Matthew H. Swyers, Esq.
`The Trademark Company
`344 Maple Avenue West, Suite 151
`Vienna, VA 22180
`UNITED STATES
`mswyers@thetrademarkcompany.com
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85551018
`10/05/2012
`
`Publication date
`Opposition
`Period Ends
`
`10/02/2012
`11/01/2012
`
`Family Sleep Services, LLC
`71 St. Charles Avenue
`Stamford, CT 06907
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 044. First Use: 2000/11/30 First Use In Commerce: 2000/11/30
`All goods and services in the class are opposed, namely: Consultation and information services in the
`field of health, namely, child sleep behaviors and issues
`
`Grounds for Opposition
`
`The mark is merely descriptive
`
`Trademark Act section 2(e)(1)
`
`Attachments
`
`NOO.pdf ( 3 pages )(25162 bytes )
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`Certificate of Service
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`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
`
`/Matthew H. Swyers/
`
`
`ESTTA498518
`ESTTA Tracking number:
`10/05/2012
`
`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
`
`Entity
`Address
`
`Parenting Sleep Solutions, Intl' Maternity Institute, Assoc of Professional Sleep
`consultants, Sleep Diagnostics
`Corporation
`PO Box 455
`Fairfax, CA 94930
`UNITED STATES
`
`Texas and California
`
`Citizenship
`
`Attorney
`information
`
`Matthew H. Swyers, Esq.
`The Trademark Company
`344 Maple Avenue West, Suite 151
`Vienna, VA 22180
`UNITED STATES
`mswyers@thetrademarkcompany.com
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85551018
`10/05/2012
`
`Publication date
`Opposition
`Period Ends
`
`10/02/2012
`11/01/2012
`
`Family Sleep Services, LLC
`71 St. Charles Avenue
`Stamford, CT 06907
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 044. First Use: 2000/11/30 First Use In Commerce: 2000/11/30
`All goods and services in the class are opposed, namely: Consultation and information services in the
`field of health, namely, child sleep behaviors and issues
`
`Grounds for Opposition
`
`The mark is merely descriptive
`
`Trademark Act section 2(e)(1)
`
`Attachments
`
`NOO.pdf ( 3 pages )(25162 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
`
`/Matthew H. Swyers/
`
`
`
`Name
`Date
`
`Matthew H. Swyers, Esq.
`10/05/2012
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`The Trademark Trial and Appeal Board
`
`
`In the matter of U.S. Serial No. 85/551,018,
`For the mark FAMILY SLEEP,
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`Elizabeth Wasserman, Mary Oscategui, Emily Schaffer, :
`Deborah Lief, Parenting Sleep Solutions,
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`:
`International Maternity Institute,
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`Association of Professional Sleep Consultants, and
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`Family Sleep Diagnostics, Inc.
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`Opposers,
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`vs.
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`Family Sleep Services, LLC,
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`Applicant.
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`Opposition No. ______________
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`NOTICE OF OPPOSITION
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`COMES NOW Elizabeth Wasserman, Mary Oscategui, Emily Schaffer, and the Association of
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`Professional Sleep Consultants, located and doing business at PO Box 455 Fairfax, CA 94930, and
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`Deborag Lief representative of Family Sleep Diagnostics located and doing business at 7200 State
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`Highway 161 # 130, Irving, TX 75039 in (hereinafter, “Opposers”), by counsel, The Trademark
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`Company, and state that they believe they will be damaged by the registration of the trademark FAMILY
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`SLEEP as more fully set forth in Serial No. 85/551,018 as filed for by Family Sleep Services, LLC, 71 St.
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`Charles Avenue, Stamford, Connecticut 06907 (hereinafter “Applicant”) and, accordingly, hereby
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`opposes the granting of said registration.
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`As grounds for this opposition, it is alleged that:
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`1.
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`Applicant seeks to register the mark FAMILY SLEEP as more fully displayed in U.S.
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`Serial No 85/551,018 used in connection with providing consultation and information services in the field
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`of child sleep behaviors and issues.
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`2.
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`Opposers are engaged in the business of providing consultation in the nature of sleep
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`serving adults, pregnant women, families, children, infants, and teens.
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`3.
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`Applicant’s application identified more fully in U.S. Serial No 85/551,018 was filed with
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`the United States Patent and Trademark Office on February 23, 2012.
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`4.
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`The phrase “FAMILY SLEEP” is a merely descriptive term used in the Sleep
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`Consultation industry, and constitutes fair use within the Sleep Consultation industry. Therefore
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`Applicant’s registration is opposed as merely descriptive pursuant to Trademark Act Section 2(e)(1).
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`5.
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`services.
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`6.
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`The phrase FAMILY SLEEP is a common phrase used by Opposers in reference to their
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`Moreover, Opposers have developed very valuable goodwill related to and with respect
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`to their business which relies in part on using the generic term, “FAMILY SLEEP”.
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`7.
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`For each of the foregoing reasons, the Opposers would be damaged in their business, and
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`their ability to do business if Applicant’s registration (which is for the identical services to that of the
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`Opposers) is allowed.
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`WHEREFORE, Opposers respectfully request
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`that
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`the Application, Serial No.
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`85/551,018 be rejected, that no registration be issued thereon to Applicant, and that this opposition be
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`sustained in favor of the Opposers.
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`Respectfully submitted this 5th day of October, 2012.
`
`The Trademark Company, PLLC
`
`
`/Matthew H. Swyers/
`Matthew H. Swyers, Esquire
`344 Maple Avenue West, Suite 151
`Vienna, VA 22180
`Tel. (800) 906-8626 x100
`Fax (270) 477-4574
`mswyers@thetrademarkcompany.com
`Counsel for Opposer
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`The Trademark Trial and Appeal Board
`
`
`In the matter of U.S. Serial No. 85/551,018,
`For the mark FAMILY SLEEP,
`
`Elizabeth Wasserman, Mary Oscategui, Emily Schaffer, :
`Deborah Lief, Parenting Sleep Solutions,
`
`:
`International Maternity Institute,
`
`
`:
`Association of Professional Sleep Consultants, and
`:
`Family Sleep Diagnostics, Inc.
`
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`:
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`Opposers,
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`vs.
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`Family Sleep Services, LLC,
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`Applicant.
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`Opposition No. ______________
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`Certificate of Service
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`I HEREBY CERTIFY that I caused a copy of the foregoing this 5th day of October, 2012, to be
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`served, via first class mail, postage prepaid, upon:
`
`Family Sleep Services, LLC
`71 St. Charles Avenue
`Stamford, CT 06907
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`And a copy to
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`Gene S. Winter, Esq.
`St. Onge, Steward, Johnston & Reens, LLC
`986 Bedford St.
`Stamford, CT 06905
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`/Matthew H. Swyers/
` Matthew H. Swyers
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