Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA564073
`ESTTA Tracking number:
`10/09/2013
`
`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
`Granted to Date
`of previous
`extension
`Address
`
`Beats Electronics, LLC
`10/09/2013
`
`1601 Cloverfield Blvd. - Suite 5000N
`Santa Monica, CA 90404
`UNITED STATES
`
`Attorney
`information
`
`Michael Kelber & Lawrence E. James, Jr.
`Neal, Gerber & Eisenberg LLP
`Two North LaSalle Street - Suite 1700
`Chicago, IL 60601
`UNITED STATES
`mkelber@ngelaw.com, kspicer@ngelaw.com, ljames@ngelaw.com,
`knye@ngelaw.com, afuelleman@ngelaw.com, mbenson@ngelaw.com,
`DocketMail@ngelaw.com Phone:312-269-8000
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85682885
`10/09/2013
`
`Publication date
`Opposition
`Period Ends
`
`06/11/2013
`10/09/2013
`
`LG Electronics Inc.
`20 Yeouido-dong Yeongdeungpo-gu
`Seoul 150-721,
`KOREA, REPUBLIC OF
`Goods/Services Affected by Opposition
`
`Class 009.
`All goods and services in the class are opposed, namely: MPEG audio layer-3 players; navigation
`apparatus for vehicle on-board computer; Audio Receivers; Portable multimedia players; Personal
`Digital Assistants; Headphones; Earphones; loudspeakers; Microphones; Cordless phone; Earphone
`microphones; telephone headsets; Remote controllers for televisions; Remote controllers for stereos;
`Remote controllers for cassette players; Remote controllers for MPEG audio layer-3 players; Mobile
`phones; Smart phones; Television receivers; Portable communication apparatus, namely, mobile
`phone handsets, walkie-talkies and satellite telephones
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`

`
`U.S. Registration
`No.
`Registration Date
`
`3862142
`
`10/12/2010
`
`Application Date
`
`06/03/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEATS
`
`NONE
`
`Class 009. First use: First Use: 2008/07/01 First Use In Commerce: 2008/07/01
`headphones
`
`U.S. Registration
`No.
`Registration Date
`
`4035777
`
`10/04/2011
`
`Application Date
`
`06/03/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEATS
`
`NONE
`
`Class 009. First use: First Use: 2010/09/07 First Use In Commerce: 2010/09/07
`Audio speakers; loudspeakers
`
`U.S. Registration
`No.
`Registration Date
`
`3921110
`
`02/15/2011
`
`Application Date
`
`06/11/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`HEARTBEATS
`
`NONE
`
`Class 009. First use: First Use: 2009/09/16 First Use In Commerce: 2009/09/16
`personal headphones for use with sound transmitting systems; headphones
`
`U.S. Registration
`No.
`Registration Date
`
`4177191
`
`07/17/2012
`
`Application Date
`
`06/08/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEATS PRO
`
`NONE
`
`Class 009. First use: First Use: 2010/10/14 First Use In Commerce: 2010/10/14
`Headphones; personal headphones for use with sound transmitting systems
`
`U.S. Registration
`No.
`Registration Date
`
`4173065
`
`07/10/2012
`
`Word Mark
`
`JUSTBEATS
`
`Application Date
`
`06/25/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2010/10/14 First Use In Commerce: 2010/10/14
`headsets for mobile phones; headphones; personal headphones for use with
`sound transmitting systems
`
`U.S. Registration
`No.
`Registration Date
`
`4176105
`
`07/17/2012
`
`Application Date
`
`07/21/2009
`
`Foreign Priority
`Date
`
`06/17/2009
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEATS BY DR. DRE
`
`NONE
`
`Class 009. First use: First Use: 2010/10/14 First Use In Commerce: 2010/10/14
`media players for automobiles; DVD players for automobiles; CD players for
`automobiles; digital audio players for automobiles; audio speakers; car audio
`speakers; loudspeakers; loudspeaker cabinets; horns for loudspeakers;
`headphones; personal headphones for use with sound transmitting systems;
`media players for automobiles
`Class 025. First use: First Use: 2011/11/05 First Use In Commerce: 2011/11/05
`T-shirts
`
`U.S. Registration
`No.
`Registration Date
`
`4198937
`
`08/28/2012
`
`Application Date
`
`12/17/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`IBEATS
`
`NONE
`
`Class 009. First use: First Use: 2010/10/14 First Use In Commerce: 2010/10/14
`Headsets for mobile telephones; headphones; personal headphones for use
`with sound transmitting systems
`
`U.S. Registration
`No.
`Registration Date
`
`4314478
`
`04/02/2013
`
`Application Date
`
`02/27/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEATS STUDIO
`
`NONE
`
`Class 009. First use: First Use: 2012/07/01 First Use In Commerce: 2012/07/01
`Headphones
`
`U.S. Registration
`No.
`Registration Date
`
`4314920
`
`04/02/2013
`
`Application Date
`
`03/16/2012
`
`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
`
`BEATS EXECUTIVE
`
`NONE
`
`Class 009. First use: First Use: 2012/10/16 First Use In Commerce: 2012/10/16
`headphones
`
`4314930
`
`04/02/2013
`
`URBEATS
`
`NONE
`
`Application Date
`
`03/09/2012
`
`Foreign Priority
`Date
`
`09/12/2011
`
`Class 009. First use: First Use: 2011/11/00 First Use In Commerce: 2011/11/00
`Headphones
`
`U.S. Registration
`No.
`Registration Date
`
`4314931
`
`04/02/2013
`
`Application Date
`
`01/09/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEATS PILL
`
`NONE
`
`Class 009. First use: First Use: 2012/10/16 First Use In Commerce: 2012/10/16
`audio speakers; loudspeakers
`
`U.S. Application
`No.
`Registration Date
`
`85020116
`
`NONE
`
`Application Date
`
`04/21/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEATBOX
`
`NONE
`
`Class 009. First use:
`Audio related products and equipment, namely, speakers and speaker
`components, namely, woofers, subwoofers, tweeters, midrange, tuner,
`compression drivers, amplifiers, equalizers, crossovers and speaker housings;
`and docking stations for portable music players
`
`U.S. Application
`No.
`Registration Date
`
`85057928
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`
`BEATS PRO
`
`NONE
`
`Application Date
`
`06/08/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Mark
`Goods/Services
`
`Class 009. First use:
`Audio and video equipment, namely, digital audio players, digital video players,
`media players, portable media players, DVD players, portable DVD players, CD
`players, portable CD players, media players for automobiles, DVD players for
`automobiles, CD players for automobiles, digital audio players, digital video
`players, portable digital audio players, portable digital video players; digital audio
`players for automobiles; digital video players for automobiles; MP3 players; MP4
`players; protective carrying cases for portable music players; cell phones;
`personal digital assistants (PDA); smart phones; headsets for mobile phones;
`audio speakers; car audio speakers; loudspeakers; loudspeaker cabinets; horns
`for loudspeakers; racks for loudspeakers; electric actuators; stands specially
`adapted for stereos and audio speakers, namely, floor stands and table tops for
`loudspeakers; surround sound systems; audio equipment, namely, amplifiers,
`subwoofers, surround sound systems; pre-amplifiers; amplifiers; sound
`amplifiers; audio amplifiers; racks for amplifiers; high-fidelity stereo systems
`comprised of amplifiers, loudspeakers, receivers and tuners; signal processors,
`namely, signal separating, distributing, generating and converting circuits all for
`audio signals, video signals or audio-video signals; electro acoustic transducers;
`audio mixers; electronic audio mixers; sound mixers; sound mixers with
`integrated amplifiers; acoustic conduits; acoustic couplers; acoustic coupling
`devices; acoustic membranes; acoustic meters; acoustic separation units;
`apparatus for wireless transmission of acoustic information; wave reflectors for
`acoustic speakers, lighting apparatus, and air flow devices; electrical pickups for
`use with musical instruments; musical juke boxes; musical instrument adaptors;
`musical instrument amplifiers; musical instrument connectors; metronomes; time
`clocks being time recording devices; teleprinters; scales; micrometers; signal
`bells, sound locating instruments, namely, sound alarms, sound level meters;
`projection screens; automatic switchboards; automatic turnstiles; stereo
`receivers; stereo tuners; stereo amplifiers; audio equipment components,
`namely, limiters and compressors, boxes specially adapted for housing audio
`equipment, software to control and improve audio equipment sound quality;
`video equipment, namely, video receivers, combination video players and
`recorders, digital video recorders, distribution amplifiers for video signals; video
`equipment components, namely, component video cables, electronic scalers for
`video signals, electronic interconnecters for video signals; microphones;
`electronic cables, namely, audio and video electric cables and cable connectors;
`power cables and cable connectors; sound and video recording apparatus;
`portable telephones and accessories, namely, cases for cellular telephones,
`decorative charms for cellular telephones, Fitted plastic films known as skins for
`covering and providing a scratch proof barrier or protection for portable
`telephones; compact disc players; record players and equipment, namely,
`needles for record players, electrical phonograph record turntable cartridges,
`phonographic record cleaning kits comprised primarily of replacement stylus
`needles and also including cleaning solution and brushes; stereo players and
`equipment, namely, stereo tuners, stereo amplifiers, personal stereos; eyewear
`and sunglasses; computers; laptop computers; electronic components for
`computers for enhancing their audio and video sound properties; computer
`software, namely, software for processing digital music files and software for
`browsing or editing video, images and sound; computer software, namely,
`software application for locating and identifying local music venues and live
`musical or DJ performances; audio application software for use in authoring,
`downloading, transmitting, receiving, editing, extracting, encoding, decoding,
`playing, storing, and organizing text, data, images,and audio files; computer
`accessories, namely, USB sticks being computer hardware, USB hubs,
`keyboards, computer monitors, computer mouse, and audio speakers for
`computers; electronic devices, namely, televisions, radios, MP3 players, MP4
`players, video players and audio players, all with sound elements; sound
`systems and sound elements for televisions and radios comprised of surround
`
`

`
`sound systems, sound systems comprising remote controls, amplifiers,
`loudspeakers and components therefor; audio equipment, namely, media
`players, portable media players, DVD players, portable DVD players, CD
`players, portable CD players, media players for automobiles, DVD players for
`automobiles, CD players for automobiles, digital audio players, portable digital
`audio players, digital audio players for automobiles; audio speakers for home
`theater systems; audio speakers for computers; audio recordings featuring
`music; computer software for processing digital music files; digital photo frames
`for displaying digital pictures, video clips and music; downloadable music via the
`Internet and wireless devices; downloadable MP3 or MP4 files, MP3 or MP4
`recordings and downloadable pod casts featuring music, audio books in the field
`of music and news broadcasts; video recordings featuring music; music-
`composition software; visual recordings and audio visual recordings featuring
`music; downloadable visual recordings featuring music and musical based
`entertainment; downloadable cellular phone ringtones; Apparatus for recording,
`transmission or reproduction of sound or images
`
`U.S. Application
`No.
`Registration Date
`
`85572143
`
`NONE
`
`Application Date
`
`03/16/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEATS EXECUTIVE
`
`NONE
`
`Class 009. First use:
`Audio related products and equipment, namely, speakers and speaker
`components, namely, woofers, subwoofers, tweeters, midrange, tuner,
`compression drivers, amplifiers, equalizers, crossovers and speaker housings;
`and docking stations for portable music players
`
`U.S. Application
`No.
`Registration Date
`
`85663739
`
`NONE
`
`Application Date
`
`06/28/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEATS PRO X
`
`NONE
`
`Class 009. First use:
`Headphones; carrying cases for headphones; microphones; audio speakers;
`loudspeakers; audio equipment, namely, media players, portable media players,
`DVD players, CD players, media players for automobiles, DVD players for
`automobiles, CD players for automobiles, digital audio players, portable digital
`audio players, digital audio players for automobiles; mobile telephones and
`accessories, namely, cell phones, smart phones, and headsets for portable
`telephones; gaming headsets; personal digital electronic devices for
`communicating, recording, organizing, transmitting, manipulating, storing and
`reviewing text, data, image, and audio files; computers; audio components,
`namely, power cables and cables for transmission of sounds and images;
`downloadable music via the Internet and wireless devices; and downloadable
`visual and audiovisual recordings featuring music and musical based
`entertainment
`Class 025. First use:
`
`

`
`Clothing, namely, blouses, dresses, bottoms, coats, foul weather gear, gloves,
`hosiery, jackets, jeans, lingerie, mittens, neckties, neckwear, nightwear,
`pajamas, pants, pullovers, rainwear, robes, scarves, shirts, shorts, skirts, skorts,
`socks, sweatshirts, sweaters, swimwear, T-shirts, track suits, undergarments,
`vests, polo shirts, sweat pants, jerseys, belts; footwear, namely, boots, shoes,
`slippers, sneakers; headgear, namely, caps, hats, visors
`
`Attachments
`
`Notice_of_Opposition_QuadBeat.pdf(20121 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
`
`/Lawrence E. James, Jr./
`Lawrence E. James, Jr.
`10/09/2013
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application No.
`85/682,885 for the mark QUADBEAT
`Published in the Official Gazette June 11, 2013
`
`
`
`BEATS ELECTRONICS, LLC,
`
`
`
`
`
`
`
`Opposer,
`
`
`
`
`v.
`
`
`
`
`
`
`LG ELECTRONICS INC.,
`
`
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`
`
`Opposition No.
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`NOTICE OF OPPOSITION
`
`Beats Electronics, LLC (“Beats”), a limited liability company organized under the laws
`
`of Delaware with a place of business at 1601 Cloverfield Blvd., Suite 5000N, Santa Monica,
`
`California 90404, believes that it will be damaged by the registration of the mark QUADBEAT
`
`in International Class 9 as shown in Application Serial No. 85/682,885, filed by Applicant, LG
`
`Electronics Inc. (“Applicant”), and therefore hereby opposes the same and requests that
`
`registration to Applicant be refused.
`
`The grounds for Beats’ Opposition are as follows:
`
`1.
`
`Applicant seeks to register the mark QUADBEAT in International Class 9 for use
`
`in connection with “MPEG audio layer-3 players; navigation apparatus for vehicle on-board
`
`computer; audio receivers; portable multimedia players; personal digital assistants; headphones;
`
`earphones; loudspeakers; microphones; cordless phone; earphone microphones; telephone
`
`headsets; remote controllers for televisions; remote controllers for stereos; remote controllers for
`
`cassette players; remote controllers for MPEG audio layer-3 players; mobile phones; smart
`
`

`
`phones; television receivers; portable communication apparatus, namely, mobile phone handsets,
`
`walkie-talkies and satellite telephones.” The Application was filed under 15 U.S.C. §
`
`1051(1)(b), based on Applicant’s alleged intent to use the mark in U.S. commerce.
`
`2.
`
`For several years, and long prior to the acts of Applicant alleged herein, Beats has
`
`distributed and sold, and continues to distribute and sell numerous music- and audio-related
`
`goods and services including audio speakers, earbuds, and headphones under and in connection
`
`with its family of BEATS marks.
`
`3.
`
`Beats has devoted substantial resources, time, and effort to developing, marketing,
`
`and distributing its music- and audio-related goods and services under and in connection with its
`
`family of BEATS marks.
`
`4.
`
`The family of BEATS marks is now among Beats’ most valuable assets. To
`
`protect its rights in its family of marks, Beats has obtained the following federal registrations for
`
`BEATS-formative marks for use in connection with goods in International Class 9, all of which
`
`cover goods either identical or closely related to Applicant’s goods:
`
`GOODS
`
`MARK
`
`BEATS
`BEATS
`HEARTBEATS
`
`BEATS PRO
`
`JUSTBEATS
`
`BEATS BY DR. DRE
`
`REGISTRATION
`NUMBER
`3,862,142
`headphones
`Audio speakers; loudspeakers 4,035,777
`3,921,110
` personal headphones for use
`with sound transmitting
`systems; headphones
`Headphones; personal
`headphones for use with
`sound transmitting systems
`headsets for mobile phones;
`headphones; personal
`headphones for use with
`sound transmitting systems
`media players for
`automobiles, DVD players
`for automobiles, CD players
`for automobiles, digital audio
`players for automobiles,
`audio speakers, car audio
`
`4,177,191
`
`4,173,065
`
`4,176,105
`
`PRIORITY DATE
`
`June 3, 2008
`June 3, 2008
`June 11, 2009
`
`June 8, 2010
`
`June 25, 2010
`
`July 29, 2009
`
`
`
`-2-
`
`
`
`

`
`speakers, loudspeakers,
`loudspeaker cabinets, horns
`for loudspeakers,
`headphones, personal
`headphones for use with
`sound transmitting systems,
`and media players for
`automobiles
`Headsets for mobile
`telephones; headphones;
`personal headphones for use
`with sound transmitting -
`systems.
`Headphones
`
`IBEATS
`
`BEATS STUDIO
`
`4,198,937
`
`December 17, 2009
`
`4,314,478
`
`February 27, 2012
`
`BEATS EXECUTIVE
`
`Headphones
`
`4,314,920
`
`March 16, 2012
`
`URBEATS
`
`Headphones
`
`4,314,930
`
`March 9, 2012
`
`BEATS PILL
`
`audio speakers; loudspeakers
`
`4,314,931
`
`January 9, 2012
`
`
`
`5.
`
`Additionally, Opposer is the owner of the applications listed below, which were
`
`all filed prior to Applicant’s July 20, 2012 filing date for the Subject Mark, and all cover goods
`
`that are either identical or closely related to Applicant’s goods:
`
`MARK
`BEATBOX
`
`BEATS PRO
`
`BEATS EXECUTIVE
`
`REPRESENTATIVE GOODS
`Audio related products and
`equipment, namely, speakers
`and speaker components,
`namely woofers, subwoofers,
`tweeters, midrange, tuner,
`compression drivers,
`amplifiers, equalizers,
`crossovers and speaker
`housings; and docking stations
`for portable music players
`Audio and video equipment,
`namely…portable media
`players; audio speakers
`Audio related products and
`equipment, namely, speakers
`and speaker components,
`namely, woofers, subwoofers,
`tweeters, midrange, tuner,
`
`SERIAL NUMBER
`85020116
`
`FILING DATE
`April 21, 2010
`
`85057928
`
`June 8, 2010
`
`85572143
`
`March 16, 2012
`
`
`
`-3-
`
`
`
`

`
`BEATS PRO X
`
`compression drivers,
`amplifiers, equalizers,
`crossovers and speaker
`housings; and docking stations
`for portable music players
`Headphones; audio speakers;
`loudspeakers; audio equipment,
`namely, media players,
`portable media players; audio
`components, namely, power
`cables and cables for
`transmission of sounds and
`images
`
`85663739
`
`June 28, 2012
`
`
`
`6.
`
`Applicant’s advertising and use of the Subject Mark will inevitably reach the
`
`same consumers that Opposer targets with the use of its BEATS marks.
`
`7.
`
`Consumers, upon seeing the Subject Mark used in connection with Applicant’s
`
`goods, are likely to mistakenly believe that such mark, and the goods or services provided in
`
`connection with it, originated or are connected with, sponsored by, associated with, or licensed
`
`or approved by Opposer. Thus, the registration and use by Applicant of the QUADBEAT mark
`
`in connection with the recited goods is likely to cause confusion, mistake, or deception in
`
`violation of 15 U.S.C. § 1052(d).
`
`8.
`
`In light of Opposer’s widespread advertising, promotion and use of its BEATS
`
`marks, Applicant’s selection of a term confusingly similar to Opposer’s pre-existing family of
`
`BEATS marks suggests that Applicant intends to trade off the goodwill and recognition
`
`associated with Opposer’s BEATS family of marks.
`
`9.
`
`If a registration is issued to Applicant for the Subject Mark, the confusion with
`
`Opposer’s BEATS marks would result in damage and injury to Opposer and to the public.
`
`
`
`10.
`
`Additionally, issuance of registrations to Applicant for the Subject Mark would
`
`also diminish the distinctive quality of Beats’ famous family of marks comprised of the term
`
`
`
`-4-
`
`
`
`

`
`BEATS and each of them and would blur and otherwise impair the distinctiveness of these
`
`marks, in violation of 15 U.S.C. § 1125(c). In addition, should the quality of Applicant’s goods
`
`be lacking, Applicant’s use of the Subject Mark may also tarnish the good image of Beats’
`
`famous BEATS family of marks and each of them, and would thereby cause harm to Beats’
`
`reputation in violation of 15 U.S.C. §1125(c).
`
`
`
`WHEREFORE, Beats Electronics, LLC requests that the registration sought by Applicant
`
`be refused and that this Notice of Opposition be sustained.
`
`
`
`Beats authorizes the T.T.A.B. to charge the fees for opposition in one class and any
`
`additional fees related to this matter to the deposit account of Neal, Gerber & Eisenberg LLP.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`Dated: October 9, 2013
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`By: /Lawrence E. James, Jr./
`One of the Attorneys for
`BEATS ELECTRONICS, LLC
`Michael G. Kelber
`Lawrence E. James, Jr.
`Kristi J. Spicer
`Katherine Dennis Nye
`Andrea S. Fuelleman
`NEAL, GERBER & EISENBERG LLP
`2 North LaSalle Street, Suite 1700
`Chicago, Illinois 60602
`Telephone: 312.269.8000
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`CERTIFICATE OF TRANSMISSION
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`I, Andrea S. Fuelleman, hereby certify that the foregoing Notice of Opposition is being
`electronically transmitted via the Electronic System for Trademark Trials and Appeals
`(“ESTTA”) at http://estta.uspto.gov/ on the date noted below:
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`Date: October 9, 2013
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`/Andrea S. Fuelleman/
`By:
`Andrea S. Fuelleman
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`CERTIFICATE OF SERVICE
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`I, Andrea S. Fuelleman, an attorney, state that I served a true and correct copy of
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`Opposer’s Notice of Opposition upon Applicant at Correspondence Address of record:
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`Mr. Robert J. Kenney
`Birch, Stewart, Kolasch & Birch, LLP
`Suite 100 East
`8110 Gatehouse Road
`Falls Church, VA 22042
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`via First Class U.S. Mail on this 9th day of October, 2013.
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` /Andrea S. Fuelleman/_
`Andrea S. Fuelleman
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`NGEDOCS: 2122573.1
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