Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA516931
`ESTTA Tracking number:
`01/18/2013
`
`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
`
`Mothers Against Drunk Driving
`Citizenship
`Non-profit corporation
`511 East John Carpenter Freeway Suite 700
`Irving, TX 75062
`UNITED STATES
`
`District of Columbia
`
`Correspondence
`information
`
`Craig C. Carpenter
`Thompson & Knight LLP
`1722 Routh Street Suite 1500
`Dallas, TX 75201
`UNITED STATES
`usptodallas@tklaw.com
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85638388
`01/18/2013
`
`Publication date
`Opposition
`Period Ends
`
`12/25/2012
`01/24/2013
`
`E11even, LLC
`4 Batchelder Road
`Windsor, CT 06095
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 009.
`All goods and services in the class are opposed, namely: electronic games, namely, downloaded
`computer and video game programs
`Class 028.
`All goods and services in the class are opposed, namely: board games
`
`Grounds for Opposition
`
`False suggestion of a connection
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(a)
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`1250706
`
`09/06/1983
`
`Application Date
`
`02/26/1982
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA516931
`ESTTA Tracking number:
`01/18/2013
`
`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
`
`Mothers Against Drunk Driving
`Citizenship
`Non-profit corporation
`511 East John Carpenter Freeway Suite 700
`Irving, TX 75062
`UNITED STATES
`
`District of Columbia
`
`Correspondence
`information
`
`Craig C. Carpenter
`Thompson & Knight LLP
`1722 Routh Street Suite 1500
`Dallas, TX 75201
`UNITED STATES
`usptodallas@tklaw.com
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85638388
`01/18/2013
`
`Publication date
`Opposition
`Period Ends
`
`12/25/2012
`01/24/2013
`
`E11even, LLC
`4 Batchelder Road
`Windsor, CT 06095
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 009.
`All goods and services in the class are opposed, namely: electronic games, namely, downloaded
`computer and video game programs
`Class 028.
`All goods and services in the class are opposed, namely: board games
`
`Grounds for Opposition
`
`False suggestion of a connection
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(a)
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`1250706
`
`09/06/1983
`
`Application Date
`
`02/26/1982
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MADD
`
`NONE
`
`Class 042. First use: First Use: 1980/09/05 First Use In Commerce: 1980/09/05
`Association Services-Namely, Promoting the Interests of Individuals Opposed to
`Drunk Driving
`
`U.S. Registration
`No.
`Registration Date
`
`1558546
`
`09/26/1989
`
`Word Mark
`Design Mark
`
`MADD
`
`Application Date
`
`09/01/1988
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`NONE
`
`Class 042. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`ASSOCIATION SERVICES - NAMELY, PROMOTING THE INTERESTS OF
`INDIVIDUALS OPPOSED TO DRUNK DRIVING
`
`1628711
`
`Application Date
`
`05/05/1989
`
`12/18/1990
`
`Foreign Priority
`Date
`VICTIM IMPACT PANELS MADD
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 1989/03/01 First Use In Commerce: 1989/03/01
`ASSOCIATION SERVICES - NAMELY, PROMOTING THE INTERESTS OF
`INDIVIDUALS OPPOSED TO DRUNK DRIVING
`
`U.S. Registration
`No.
`Registration Date
`
`1645240
`
`05/21/1991
`
`Word Mark
`
`MADDVOCATE
`
`Application Date
`
`07/27/1990
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 016. First use: First Use: 1988/04/30 First Use In Commerce: 1988/04/30
`magazines devoted to victims of drunk driving accidents and their advocates
`
`U.S. Registration
`No.
`Registration Date
`
`1688513
`
`05/19/1992
`
`Word Mark
`Design Mark
`
`I'M A MADD DAD
`
`Application Date
`
`03/29/1990
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 1990/04/00 First Use In Commerce: 1990/04/00
`association services; namely, promoting the interests of individuals opposed to
`drunk driving
`
`U.S. Registration
`No.
`Registration Date
`
`1793976
`
`09/21/1993
`
`Word Mark
`Design Mark
`
`SKADD
`
`Application Date
`
`07/08/1992
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 1992/01/01 First Use In Commerce: 1992/01/01
`association services; namely, promoting the interests of individuals opposed to
`drunk driving and supporting victims of drunk driving
`
`U.S. Registration
`
`1998125
`
`Application Date
`
`06/15/1995
`
`
`
`No.
`Registration Date
`
`09/03/1996
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MADD VICTIM SERVICES
`
`NONE
`
`Class 042. First use: First Use: 1994/10/24 First Use In Commerce: 1994/10/24
`association services, namely supporting victims of drunk driving
`
`U.S. Registration
`No.
`Registration Date
`
`2187624
`
`09/08/1998
`
`Application Date
`
`07/21/1997
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`MADD DASH
`
`NONE
`
`Class 036. First use: First Use: 1989/11/01 First Use In Commerce: 1989/11/01
`charitable fund raising services, namely, conducting foot races to raise money
`for activities designed to promote the interests of persons opposed to drunk
`driving and to support victims of drunk driving
`
`2730301
`
`Application Date
`
`10/08/2001
`
`06/24/2003
`
`Foreign Priority
`Date
`MADD ACTIVISM VICTIM SERVICES EDUCATION
`
`NONE
`
`NONE
`
`Class 042. First use: First Use: 2002/06/03 First Use In Commerce: 2002/07/01
`association services, namely promoting the interests of persons opposed to
`drunk driving and supporting victims of drunk driving
`
`U.S. Registration
`No.
`Registration Date
`
`2781780
`
`11/11/2003
`
`Word Mark
`
`MADD MEDIA AWARDS
`
`Application Date
`
`01/21/2003
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2002/12/18 First Use In Commerce: 2002/12/18
`providing recognition and incentives by way of awards to recognize media
`professionals and organizations for outstanding coverage and advancement of
`issues related to drunk driving, underage drinking and support for victims of
`violent crime
`
`U.S. Registration
`No.
`Registration Date
`
`3090158
`
`05/09/2006
`
`Word Mark
`Design Mark
`
`MADD YOUTH IN ACTION
`
`Application Date
`
`05/23/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2001/09/01 First Use In Commerce: 2001/09/01
`association services, namely youth programs partnering young people with adult
`activists and law enforcement officials to promote the interests of persons
`opposed to underage drinking
`
`U.S. Registration
`No.
`Registration Date
`
`3133576
`
`08/22/2006
`
`Word Mark
`
`UMADD
`
`Application Date
`
`11/17/2004
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2001/11/01 First Use In Commerce: 2001/11/01
`Association services, namely promoting the interests of persons opposed to
`drunk driving and underage drinking and supporting victims of drunk driving
`
`U.S. Registration
`No.
`Registration Date
`
`3224809
`
`04/03/2007
`
`Word Mark
`Design Mark
`
`SHIFTING GEARS MADD
`
`Application Date
`
`04/24/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`
`NONE
`
`Class 036. First use: First Use: 2006/02/01 First Use In Commerce: 2006/02/01
`Charitable fund raising services, namely, conducting and promoting road rallies
`and auto shows to raise money for activities designed to promote the interest of
`persons opposed to drunk driving and to support victims of drunk driving
`
`3289837
`
`Application Date
`
`12/01/2006
`
`09/11/2007
`
`Foreign Priority
`Date
`THINK. MADD. HOMECOMING
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2006/09/08 First Use In Commerce: 2006/09/08
`promoting the interests of individuals in support of underage drinking prevention
`
`U.S. Registration
`No.
`Registration Date
`
`3290012
`
`09/11/2007
`
`Word Mark
`Design Mark
`
`THINK MADD
`
`Application Date
`
`12/06/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2006/09/25 First Use In Commerce: 2006/09/25
`association services, namely, promoting the interests of individuals opposed to
`drunk driving and underage drinking
`
`U.S. Registration
`No.
`Registration Date
`
`3290013
`
`09/11/2007
`
`Word Mark
`
`THINK MADD
`
`Application Date
`
`12/06/2006
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2006/09/25 First Use In Commerce: 2006/09/25
`association services, namely, promoting the interests of individuals opposed to
`drunk driving and underage drinking
`
`U.S. Registration
`No.
`Registration Date
`
`3290240
`
`09/11/2007
`
`Word Mark
`Design Mark
`
`THINK PROM MADD
`
`Application Date
`
`03/01/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2006/12/18 First Use In Commerce: 2006/12/18
`Association services, namely, promoting the interests of individuals opposed to
`drunk driving and underage drinking
`
`U.S. Registration
`No.
`Registration Date
`
`3423757
`
`05/06/2008
`
`Application Date
`
`03/01/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`THINK GRADUATION MADD
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`NONE
`
`Class 035. First use: First Use: 2007/02/26 First Use In Commerce: 2007/02/26
`Association services, namely, promoting the interests of individuals opposed to
`drunk driving and underage drinking
`
`3423758
`
`Application Date
`
`03/01/2007
`
`05/06/2008
`
`Foreign Priority
`Date
`THINK. MADD SPRING BREAK
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2007/02/26 First Use In Commerce: 2007/02/26
`Association services, namely, promoting the interests of individuals opposed to
`drunk driving and underage drinking
`
`U.S. Registration
`No.
`Registration Date
`
`3556969
`
`01/06/2009
`
`Word Mark
`
`WALK LIKE MADD
`
`Application Date
`
`05/20/2008
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 036. First use: First Use: 2008/01/18 First Use In Commerce: 2008/01/18
`Charitable fundraising services, namely, organizing and conducting walks to
`raise money for, and awareness of, the dangers of impaired driving and under-
`aged drinking
`
`U.S. Registration
`No.
`Registration Date
`
`3556975
`
`01/06/2009
`
`Word Mark
`Design Mark
`
`WALK LIKE MADD
`
`Application Date
`
`05/20/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 036. First use: First Use: 2008/01/10 First Use In Commerce: 2008/01/11
`Charitable fundraising services, namely, organizing and conducting walks to
`raise money for, and awareness of, the dangers of impaired driving and under-
`aged drinking
`
`U.S. Registration
`No.
`Registration Date
`
`3733594
`
`01/05/2010
`
`Word Mark
`
`MADD MEDIA AWARDS
`
`Application Date
`
`03/11/2009
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`
`NONE
`
`Class 041. First use: First Use: 2002/12/18 First Use In Commerce: 2002/12/18
`Providing recognition and incentives by way of awards to recognize media
`professionals and organizations for outstanding coverage and advancement of
`issues related to drunk driving, underage drinking and support for victims of
`violent crime
`
`3797500
`
`Application Date
`
`08/20/2009
`
`06/01/2010
`
`Foreign Priority
`Date
`POWER OF PARENTS IT'S YOUR INFLUENCE. BY MADD
`
`NONE
`
`The mark consists of the term "Power of Parents" in stylized font in a
`conversation box above the term "It's Your Influence." in stylized font in a
`second conversation box, with the term "by MADD" below the lower
`conversation box.
`Class 035. First use: First Use: 2009/10/27 First Use In Commerce: 2009/10/27
`Association services, namely, promoting the interests of parents and other
`individuals opposed to drunk driving and underage drinking
`
`3797504
`
`Application Date
`
`08/27/2009
`
`06/01/2010
`
`Foreign Priority
`Date
`POWER OF PARENTS IT'S YOUR INFLUENCE BY MADD
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`NONE
`
`Class 035. First use: First Use: 2009/10/27 First Use In Commerce: 2009/10/27
`Association services, namely, promoting the interests of parents and other
`individuals opposed to drunk driving and underage drinking
`
`3833641
`
`Application Date
`
`06/30/2009
`
`08/17/2010
`
`Foreign Priority
`Date
`PROTECTING YOU PROTECTING ME MADD
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`
`The mark consists of characterizations of three smiling children and a dog
`enclosed in a circle with the terms "Protecting You Protecting Me" in a stacked
`format and along the top curve of the circle.
`Class 041. First use: First Use: 2006/10/00 First Use In Commerce: 2006/10/00
`Educational services, namely, conducting classes for school children in the field
`of alcohol prevention, namely, exposure to alcohol and the ways children can
`avoid the risks associated with riding with drivers who are not alcohol free and
`distributing course materials in connection therewith
`
`4012965
`
`Application Date
`
`08/25/2009
`
`08/16/2011
`
`Foreign Priority
`Date
`POWER OF PARENTS IT'S YOUR INFLUENCE. BY MADD
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`The mark consists of the term "Power of Parents" in stylized font in a
`conversation box above the term "It's Your Influence" in stylized font in a second
`conversation box, with the term "by MADD" below the lower conversation box.
`Class 041. First use: First Use: 2010/08/31 First Use In Commerce: 2010/08/31
`Education services, namely, arranging conferences, seminars, training courses,
`workshops and programs in the fields of preventing underage drinking, impaired
`driving, and drug and alcohol abuse
`
`4012966
`
`Application Date
`
`08/25/2009
`
`08/16/2011
`
`Foreign Priority
`Date
`POWER OF PARENTS IT'S YOUR INFLUENCE BY MADD
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2010/08/31 First Use In Commerce: 2010/08/31
`Education services, namely, arranging conferences, seminars, training courses,
`workshops and programs in the fields of preventing underage drinking, impaired
`driving, and drug and alcohol abuse
`
`U.S. Registration
`No.
`Registration Date
`
`4075293
`
`12/20/2011
`
`Word Mark
`
`MADD
`
`Application Date
`
`02/16/2011
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the literal element "madd" in lowercase letters preceded by
`a design element consisting of a glass and key encircled by "x" shaped
`brushstrokes.
`Class 045. First use: First Use: 2011/04/12 First Use In Commerce: 2011/04/12
`Providing personal support services for victims of drunk driving and their families
`and friends, namely, companionship, help with legal, financial and medical
`forms, counseling and emotional support
`
`U.S. Registration
`No.
`Registration Date
`
`4100167
`
`02/14/2012
`
`Word Mark
`Design Mark
`
`MADD
`
`Application Date
`
`02/16/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the literal element "madd" in lowercase letters.
`
`Class 045. First use: First Use: 2011/04/12 First Use In Commerce: 2011/04/12
`Providing personal support services for victims of drunk driving and their families
`and friends, namely, companionship, help with legal, financial and medical
`forms, counseling and emotional support
`
`U.S. Registration
`No.
`Registration Date
`
`4199922
`
`08/28/2012
`
`Application Date
`
`08/17/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`POWER OF PARENTS MADD
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the term "madd" in lowercase letters in proximity with a
`speech balloon with the words "POWER of PARENTS" set forth therein.
`Class 041. First use: First Use: 2011/04/12 First Use In Commerce: 2011/04/12
`Education services, namely, arranging conferences, seminars, training courses,
`workshops and programs in the fields of preventing underage drinking, impaired
`driving, and drug and alcohol abuse
`
`U.S. Registration
`No.
`Registration Date
`
`4199920
`
`08/28/2012
`
`Application Date
`
`08/17/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`
`POWER OF PARENTS MADD
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the term "madd" in lowercase letters in proximity with a
`speech balloon with the terms "POWER of PARENTS" set forth therein.
`Class 035. First use: First Use: 2011/04/12 First Use In Commerce: 2011/04/12
`Association services, namely, promoting the interests of parents and other
`individuals opposed to drunk driving and underage drinking
`
`U.S. Registration
`No.
`Registration Date
`
`4199921
`
`08/28/2012
`
`Application Date
`
`08/17/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`POWER OF PARENTS MADD
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the term "madd" in lowercase letters in proximity with a
`speech balloon with the words "POWER of PARENTS" set forth therein.
`Class 036. First use: First Use: 2011/04/12 First Use In Commerce: 2011/04/12
`Charitable fund raising services, namely, conducting and promoting events to
`raise money for activities designed to promote the interests of persons opposed
`to drunk driving and to support victims of drunk driving
`
`U.S. Registration
`No.
`Registration Date
`
`4219202
`
`10/02/2012
`
`Word Mark
`Design Mark
`
`WALK LIKE MADD
`
`Application Date
`
`08/17/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design element of three figures walking with the terms
`"WALK like madd" below the figures.
`Class 036. First use: First Use: 2011/11/01 First Use In Commerce: 2011/11/01
`Charitable fund-raising services, namely, organizing and conducting walks to
`raise money, and awareness of, the dangers of impaired and under-age drinking
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`
`4227257
`
`Application Date
`
`08/17/2011
`
`10/16/2012
`
`Foreign Priority
`Date
`MADD TIE ONE ON FOR SAFETY
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`The mark consists of a stylized car design with two wheels and a wavy line
`comprising the upper outline of the car to the right of which is the term "madd" in
`lower case underneath of which, and separated by a horizontal line, are the
`words "TIE ONE ON FOR SAFETY".
`Class 035. First use: First Use: 2011/11/01 First Use In Commerce: 2011/11/01
`Association services, namely, promoting the interests of parents and other
`individuals opposed to drunk driving and underage drinking
`
`4227259
`
`Application Date
`
`08/17/2011
`
`10/16/2012
`
`Foreign Priority
`Date
`MADD TIE ONE ON FOR SAFETY
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized car design with two wheels and a wavy line
`comprising the upper outline of the car to the right of which is the term "madd" in
`lower case underneath of which, and separated by a horizontal line, are the
`words "TIE ONE ON FOR SAFETY".
`Class 041. First use: First Use: 2011/11/01 First Use In Commerce: 2011/11/01
`Education services, namely, arranging conferences, seminars, training courses,
`workshops and programs in the fields of preventing underage drinking, impaired
`driving, and drug and alcohol abuse
`
`U.S. Registration
`No.
`Registration Date
`
`4229916
`
`10/23/2012
`
`Word Mark
`
`MADD PROPS
`
`Application Date
`
`03/19/2012
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`
`NONE
`
`Class 035. First use: First Use: 2011/11/02 First Use In Commerce: 2011/11/02
`Association services namely, promoting the interests of individuals opposed to
`drunk driving and supporting victims of drunk driving
`
`4258629
`
`Application Date
`
`08/17/2011
`
`12/11/2012
`
`Foreign Priority
`Date
`MADD TIE ONE ON FOR SAFETY
`
`NONE
`
`The mark consists of a stylized car design with two wheels and a wavy line
`comprising the upper outline of the car to the right of which is the term "madd" in
`lower case underneath of which, and separated by a horizontal line, are the
`words "TIE ONE ON FOR SAFETY".
`Class 036. First use: First Use: 2011/11/01 First Use In Commerce: 2011/11/01
`Charitable fund raising services, namely, conducting and promoting events to
`raise money for activities designed to promote the interests of persons opposed
`to drunk driving and to support victims of drunk driving
`
`4260059
`
`Application Date
`
`08/17/2011
`
`12/18/2012
`
`Foreign Priority
`Date
`CAMPAIGN TO ELIMINATE DRUNK DRIVING MADD
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the terms "CAMPAIGN TO ELIMINATE DRUNK DRIVING
`madd" in a vertical orientation and divided by horizontal lines.
`Class 035. First use: First Use: 2006/11/20 First Use In Commerce: 2006/11/20
`Association services, namely, promoting the interests of parents and other
`individuals opposed to drunk driving and underage drinking
`
`U.S. Registration
`No.
`Registration Date
`
`4235048
`
`10/30/2012
`
`Word Mark
`Design Mark
`
`WALK LIKE MADD
`
`Application Date
`
`08/17/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design element of three figures walking with the terms
`"WALK like madd" below the figures.
`Class 035. First use: First Use: 2011/11/01 First Use In Commerce: 2011/11/01
`Association services, namely, promoting the interests of parents and other
`individuals opposed to drunk driving and underage drinking
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`
`85400223
`
`Application Date
`
`08/17/2011
`
`NONE
`
`Foreign Priority
`Date
`CAMPAIGN TO ELIMINATE DRUNK DRIVING MADD
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`The mark consists of the terms CAMPAIGN TO ELIMINATE DRUNK DRIVING
`madd in a vertical orientation and divided by horizontal lines.
`Class 036. First use:
`Charitable fund raising services, namely, conducting and promoting events to
`raise money for activities designed to promote the interests of persons opposed
`to drunk driving and to support victims of drunk driving
`
`85400276
`
`Application Date
`
`08/17/2011
`
`NONE
`
`Foreign Priority
`Date
`CAMPAIGN TO ELIMINATE DRUNK DRIVING MADD
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`
`The mark consists of the terms "CAMPAIGN TO ELIMINATE DRUNK DRIVING
`madd" in a vertical orientation and divided by horizontal lines.
`Class 041. First use: First Use: 2006/11/20 First Use In Commerce: 2006/11/20
`Education services, namely, arranging conferences, seminars, training courses,
`workshops and programs in the fields of preventing underage drinking, impaired
`driving, and drug and alcohol abuse
`
`85400389
`
`Application Date
`
`08/17/2011
`
`NONE
`
`Foreign Priority
`Date
`VICTIM IMPACT PANELS MADD
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`The mark consists of the words "VICTIM IMPACT PANELS" outside two
`concentric circles containing a design including a scale, garland leaves and a
`scroll with the term "madd".
`Class 041. First use:
`Education services, namely, arranging conferences, seminars, training courses,
`workshops and programs in the fields of preventing underage drinking, impaired
`driving, and drug and alcohol abuse
`
`85400473
`
`Application Date
`
`08/17/2011
`
`NONE
`
`Foreign Priority
`Date
`VICTIM IMPACT PANELS MADD
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "VICTIM IMPACT PANELS" outside two
`concentric circles containing a design including a scale, garland leaves and a
`scroll with the term "madd".
`Class 035. First use:
`Association services, namely, promoting the interests of parents and other
`individuals opposed to drunk driving and underage drinking
`
`Attachments
`
`73749597#TMSN.gif ( 1 page )( bytes )
`73798068#TMSN.gif ( 1 page )( bytes )
`74043746#TMSN.gif ( 1 page )( bytes )
`74292095#TMSN.gif ( 1 page )( bytes )
`76321997#TMSN.gif ( 1 page )( bytes )
`76483302#TMSN.gif ( 1 page )( bytes )
`78634861#TMSN.jpeg ( 1 page )( bytes )
`76621049#TMSN.gif ( 1 page )( bytes )
`78868356#TMSN.jpeg ( 1 page )( bytes )
`77055223#TMSN.jpeg ( 1 page )( bytes )
`
`
`
`77058642#TMSN.jpeg ( 1 page )( bytes )
`77058646#TMSN.jpeg ( 1 page )( bytes )
`77119318#TMSN.jpeg ( 1 page )( bytes )
`77119375#TMSN.jpeg ( 1 page )( bytes )
`77119400#TMSN.jpeg ( 1 page )( bytes )
`77479135#TMSN.jpeg ( 1 page )( bytes )
`77479203#TMSN.jpeg ( 1 page )( bytes )
`77688763#TMSN.jpeg ( 1 page )( bytes )
`77809195#TMSN.jpeg ( 1 page )( bytes )
`77814215#TMSN.jpeg ( 1 page )( bytes )
`77771658#TMSN.jpeg ( 1 page )( bytes )
`77812437#TMSN.jpeg ( 1 page )( bytes )
`77812460#TMSN.jpeg ( 1 page )( bytes )
`85243606#TMSN.jpeg ( 1 page )( bytes )
`85243625#TMSN.jpeg ( 1 page )( bytes )
`85400350#TMSN.jpeg ( 1 page )( bytes )
`85400305#TMSN.jpeg ( 1 page )( bytes )
`85400327#TMSN.jpeg ( 1 page )( bytes )
`85400506#TMSN.jpeg ( 1 page )( bytes )
`85400139#TMSN.jpeg ( 1 page )( bytes )
`85400174#TMSN.jpeg ( 1 page )( bytes )
`85572892#TMSN.jpeg ( 1 page )( bytes )
`85400155#TMSN.jpeg ( 1 page )( bytes )
`85400193#TMSN.jpeg ( 1 page )( bytes )
`85400491#TMSN.jpeg ( 1 page )( bytes )
`85400223#TMSN.jpeg ( 1 page )( bytes )
`85400276#TMSN.jpeg ( 1 page )( bytes )
`85400389#TMSN.jpeg ( 1 page )( bytes )
`85400473#TMSN.jpeg ( 1 page )( bytes )
`Notice of Opp - MADD CAPP (85638388) (01.18.13).pdf ( 15 pages )(1170142
`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
`
`/Craig C. Carpenter/
`Craig C. Carpenter
`01/18/2013
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application of:
`
`E11EVEN, LLC
`
`Serial No.2
`
`Filed:
`
`Trademark:
`
`Int’1 Classes:
`
`Published:
`
`85/638388
`
`May 30, 2012
`
`MADD CAPP
`
`9; 28
`
`December 25, 2012
`
`Opposition No.
`
`§
`
`§ §
`
`§
`§
`§
`§
`
`MOTHERS AGAINST DRUNK DRIVING
`Opposer,
`
`V.
`
`E11EVEN, LLC
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`MOTHERS AGAINST DRUNK DRIVING (“Opposer”), a non-profit corporation
`
`of the District of Columbia, having a business and corporate address of 5 ll East John
`
`Carpenter Freeway, Suite 700, Irving, Texas 75062, believes that it will be damaged by
`
`registration of the mark shown in Application Serial No. 85/638388 filed May 30, 2012
`
`in International Classes 9 and 28, and hereby opposes the same.
`
`As grounds for opposition, it is alleged that:
`
`1.
`
`On or about May 30, 2012, Applicant, El IEVEN, LLC (“Applicant”), a
`
`Connecticut Limited Liability Company, listing an address at 4 Batchelder Road,
`
`Windsor, Connecticut, 06095, filed an application with the U.S. Patent and Trademark
`
`Notice of Opposition
`
`020240 000195 59l9233.2
`
`1
`
`
`
`Office, Application Serial No. 85/638388 seeking registration on the Principal Register of
`
`the trademark MADD CAPP for “electronic games, namely, downloaded computer and
`
`video game programs” in International Class 9 and for “board games” in International
`
`Class 28 (the “Application”).
`
`2.
`
`The Application was based upon an intent to use the mark in interstate
`
`commerce in connection with the services identified in the Application under 15 U.S.C. §
`
`105 1 (b).
`
`3.
`
`Commencing at least as early as September 5, 1980, Opposer began using
`
`the service mark “MADD” in connection with association services, namely promoting the
`
`interests of individuals opposed to drunk driving.
`
`4.
`
`Opposer is the owner of U.S. Service Mark Registration No. 1,250,706 for
`
`the mark MADD for use with “association services, namely, promoting the interests of
`
`individuals opposed to drunk driving.” This incontestable registration was filed on
`
`February 26, 1982 and issued on September 6, 1983.
`
`5.
`
`Opposer is the owner of numerous other trademark and service mark
`
`registrations containing the term “MADD” including, but not limited to:
`
`a.
`
`U.S. Service Mark Registration No. 1,558,546 for the mark
`
`MADD & Design for use with “association services, namely, promoting the interests of
`
`individuals opposed to drunk driving.” This incontestable registration was filed on
`
`September 1, 1988 and issued on September 26, 1989.
`
`b.
`
`U.S. Service Mark Registration No. 1,628,711 for the mark
`
`VICTIM IMPACT PANELS MADD & Design for use with “association services,
`
`mmmmmumwutwwmwmvmmtmmwmwwWmMWI9.km.1atMWmmmmmmmmwummmaymmwmwmmwtwmmwmwi«M.»mmmw_mwm,um.mmg/mmmwwwet»IkmmmWmamt.‘mmmmmWwmmm«~mmWmW.mw.x.-Mum
`
`Notice of Opposition
`
`020240 000195 59192332
`
`2
`
`
`
`namely, promoting the interests of individuals opposed to drunk driving.” This
`
`incontestable registration was filed on May 5, 1989 and issued on December 18, 1990.
`
`c.
`
`U.S. Trademark Registration No. 1,645,240 for the mark
`
`MADDVOCATE for use with “magazines devoted to victims of drunk driving accidents
`
`and their advocates.” This incontestable registration was filed on July 27, 1990 and
`
`issued on May 21, 1991.
`
`d.
`
`U.S. Service Mark Registration No. 1,688,513 for the mark I’M A
`
`MADD DAD & Design for use with “association services, namely, promoting the
`
`interests of individuals opposed to drunk driving.” This incontestable registration was
`
`filed on March 29, 1990 and issued on May 19, 1992.
`
`e.
`
`U.S. Service Mark Registration No. 1,793,976 for the mark
`
`SKADD for use with “association services, namely, promoting the interests of
`
`individuals opposed to drunk driving and supporting victims of drunk driving.” This
`
`incontestable registration was filed on July 8, 1992 and issued on September 21, 1993.
`
`f.
`
`U.S. Service Mark Registration No. 1,998,125 for the mark
`
`MADD VICTIM SERVICES for use with “association services, namely, supporting
`
`victims of drunk driving.” This incontestable registration was filed on June 15, 1995 and
`
`issued on September 3, 1996.
`
`g.
`
`U.S. Service Mark Registration No. 2,187,624 for the mark
`
`MADD DASH for use with “charitable fund raising services, namely, conducting foot
`
`races to raise money for activities designed to promote the interests of persons opposed to
`
`drunk driving and to support victims of drunk driving.” This incontestable registration
`
`was filed on July 21, 1997 and issued on September 8, 1998.
`
`wxxseat<a<mm:vvm1:vv\x¥2\\\«»\vu~(4..t91Aoz»m<1ra':sA»
`Notice of Opposition A
`
`020240 000195 59l9233.2
`
`mm tm«Wwm« Mmmmm
`3
`
`
`
`h.
`
`U.S. Service Mark Registration No. 2,730,301 for the mark
`
`MADD ACTIVISM VICTIM SERVICES EDUCATION & Design for use with
`
`“association services, namely promoting the interests of persons opposed to drunk driving
`
`and supporting victims of drunk driving.” This incontestable registration was filed on
`
`October 8, 2001 and issued on June 24, 2003.
`
`i.
`
`U.S. Service Mark Registration No. 2,781,780 for the mark
`
`MADD MEDIA AWARDS & Design for use with “providing recognition and incentives
`
`by Way of awards to recognize media professionals and organizations for outstanding
`
`coverage and advancement of issues related to drunk driving, underage drinking and
`
`support for victims of violent crime.” This incontestable registration was filed on
`
`January 21, 2003 and issued on November 11, 2003.
`
`j.
`
`U.S. Service Mark Registration No. 3,090,158 for the mark
`
`MADD YOUTH IN ACTION for use with “association services, namely youth programs
`
`partnering young people with adult activists and law enforcement officials to promote the
`
`interests of persons opposed to underage drinking.” This incontestable registration was
`
`filed on May 23, 2005 and issued on May 9, 2006.
`
`k.
`
`U.S. Service Mark Registration No. 3,133,576 for the mark
`
`UMADD for use with “association services, namely promoting the interests of persons
`
`opposed to drunk driving and underage drinking and supporting victims of drunk
`
`driving.” This registration was filed on November 17, 2004 and issued on August 22,
`
`2006.
`
`l.
`
`U.S. Service Mark Registration No. 3,224,809 for the mark
`
`SHIFTING GEARS MADD & Design for use with “charitable fund raising services,
`
`W.
`Notice of Opposition I If
`
`»vxYMt(ww»v>\M:l«4%»§(Akx'M.JamtAw»1!MVMA>L:V.xw1zuvt7‘mszA311Mu?1§M*:WI<<1v;M¢£‘<»’XA:E’&vAI4.L\.d»v»:4&«z(AVzénwv~&<m’~'IM&.1»‘<«/~/I-9:A'*¢'14NWAMrkxuzv>l.(/A$vA:'0mAb~A<zw.k:<m~km~tvV¢¢&’£4uNt:z::7@\uIv&N>LIE4¢!»omLwVr\A:02!‘IMNEKHMI»txMmn<'/14A%M><r~»A'>v«\4*<tYYA.V%v\W‘Av£flt~w$x&11«%¢A
`4
`
`020240 000195 5919233 .2
`
`
`
`namely, conducting and promoting road rallies and auto shows to raise money for
`
`activities designed to promote the interest of persons opposed to drunk driving and to
`
`support victims of drunk driving.” The registration was filed on April 24, 2006 and
`
`issued on April 3, 2007.
`
`m.
`
`U.S. Service Mark Registration No. 3,289,837 for the mark
`
`THINK MADD HOMECOMING & Design for use with “promoting the interests of
`
`individuals in support of underage drinking prevention.” This registration was filed on
`
`December 1, 2006 and issued on September 11, 2007.
`
`n.
`
`U.S. Service Mark Registration No. 3,290,012 for the mark
`
`THINK MADD for use with “association services, namely, promoting the interests of
`
`individuals opposed to drunk driving and underage drinking.” This registration was filed
`
`on December 6, 2
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