Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA567729
`ESTTA Tracking number:
`10/29/2013
`
`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
`
`Sazerac Company, Inc.
`11/06/2013
`
`3850 N. Causeway Blvd., Suite 1695
`Metairie, LA 70002
`UNITED STATES
`
`Attorney
`information
`
`John Paul Oleksiuk
`Cooley LLP
`1299 Pennsylvania Avenue NW, Suite 700
`Washington, DC 20004
`UNITED STATES
`trademarks@cooley.com,jpo@cooley.com Phone:310.883.6400
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85652722
`10/29/2013
`
`Publication date
`Opposition
`Period Ends
`
`07/09/2013
`11/06/2013
`
`C & P Global Partners, LLC
`240
`Irvine, CA 92606
`CANADA
`Goods/Services Affected by Opposition
`
`Class 033. First Use: 2012/01/01 First Use In Commerce: 2012/01/01
`All goods and services in the class are opposed, namely: Alcoholic beverages, namely, flavored soju
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Other
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`Trademark Act section 2(d)
`The mark was never used in commerce; the
`mark was not used in commerce prior to the filing
`of a use-based application under Section 1(a)
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`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`4160510
`
`06/19/2012
`
`Word Mark
`
`ICE 101
`
`Application Date
`
`10/03/2011
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA567729
`ESTTA Tracking number:
`10/29/2013
`
`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
`
`Sazerac Company, Inc.
`11/06/2013
`
`3850 N. Causeway Blvd., Suite 1695
`Metairie, LA 70002
`UNITED STATES
`
`Attorney
`information
`
`John Paul Oleksiuk
`Cooley LLP
`1299 Pennsylvania Avenue NW, Suite 700
`Washington, DC 20004
`UNITED STATES
`trademarks@cooley.com,jpo@cooley.com Phone:310.883.6400
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85652722
`10/29/2013
`
`Publication date
`Opposition
`Period Ends
`
`07/09/2013
`11/06/2013
`
`C & P Global Partners, LLC
`240
`Irvine, CA 92606
`CANADA
`Goods/Services Affected by Opposition
`
`Class 033. First Use: 2012/01/01 First Use In Commerce: 2012/01/01
`All goods and services in the class are opposed, namely: Alcoholic beverages, namely, flavored soju
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Other
`
`Trademark Act section 2(d)
`The mark was never used in commerce; the
`mark was not used in commerce prior to the filing
`of a use-based application under Section 1(a)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`4160510
`
`06/19/2012
`
`Word Mark
`
`ICE 101
`
`Application Date
`
`10/03/2011
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 033. First use: First Use: 1993/08/00 First Use In Commerce: 1993/08/00
`Liqueurs
`
`Attachments
`
`85437415#TMSN.jpeg( bytes )
`SD-#872543-v1-Notice_of_Opposition_re_ICE_SOJU.pdf(85919 bytes )
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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.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/John Paul Oleksiuk/
`John Paul Oleksiuk
`10/29/2013
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`In the matter of Application Serial No. 85/652,722
`For the Trademark ICE SOJU and Design
`Published in the Official Gazette on July 9, 2013
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`SAZERAC COMPANY, INC.
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`Opposer,
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`C & P Global Partners, LLC
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`Applicant.
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`Opposition No.
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`NOTICE OF OPPOSITION
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`Qrrqugt"Uc¦gtce"Eqorcp{."Kpe0"*ÐUc¦gtceÑ+."c"Nqwkukcpc"eqtrqtcvkqp"jcxkpi"kvu"rtkncipal
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`place of business at 3850 N. Causeway Blvd., Suite 1695, Metairie, Louisiana 70002 will be
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`damaged by the issuance of a registration for the mark ICE SOJU And Design (hereafter
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`ÐCrrnkecpvÓu"OctmÑ+."cu"crrnkgf"hqt"in Application Serial No. 85/652,722 filed on June 15, 2012
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`by Applicant C & P Global Partners, NNE"*ÐCrrnkecpvÑ+. a California limited liability company.
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`As grounds for opposition, Sazerac alleges:
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`1.
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`Sazerac is a company that markets and sells a number of different types and
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`brands of alcoholic beverages and distilled spirits, including without limitation vodkas,
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`whiskeys, tequilas, and liqueurs. Sazerac has marketed and sold alcoholic beverages and
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`distilled spirits in the United States for over a century.
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`2.
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`Sazerac owns the following United States trademark registration:
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`ICE 101 (Reg. No. 4,160,510), issued June 19, 2012, for liqueurs (referred to
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`hereinafter as the ÐICE 101 OctmÑ+0
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`3.
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`Sazerac and its predecessors have consistently and continually marketed and sold
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`distilled spirits under the ICE 101 Mark since 1993. By virtue of Uc¦gtceÓu marketing and by
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`virtue of the excellence of the underlying products, the public has come to know, rely on, and
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`recognize the ICE 101 Mark cu"c"uqwteg"kfgpvkhkgt"hqt"Uc¦gtceÓu"products.
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`4.
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`Upon information and belief, Sazerac alleges that on June 15, 2012, Applicant
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`filed an arrnkecvkqp"vq"tgikuvgt"vjg"CrrnkecpvÓu"Octm"upon a use-in-commerce basis, claiming a
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`date of first use in interstate commerce of January 1, 2012. Applicant seeks registration in
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`connectiop"ykvj"Ðalcoholic beverages, namely, flavored sojuÑ"kp"encuu"550
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`5.
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`Upon information and belief, no Certificate of Label Approval *ÐEQNCÑ) was
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`issued by the U.S. Alcohol and Tobacco Tax and Trade Bureau for any alcoholic product labels
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`ectt{kpi"CrrnkecpvÓu"Octm"cu"qh"CrrnkecpvÓu"hknkpi"fcvg"qh"Lwpg"37."42340"
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`6.
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`Wrqp" kphqtocvkqp" cpf" dgnkgh." Crrnkecpv" jcu" pgxgt" wugf" CrrnkecpvÓu" Octm" as a
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`trademark in interstate commerce on soju or in connection with the sale of alcoholic beverages,
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`namely, flavored soju.
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`7.
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`Upon information and belief, there was no bona fide wug"qh"CrrnkecpvÓu"Octm"kp"
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`commerce prior to the filing of the use-based application for its registration under Trademark Act
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`§ 1(a).
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`8.
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`Sazerac has used the ICE 101 Mark kp"eqoogteg"rtkqt"vq"CrrnkecpvÓu"filing date
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`of June 15, 2012.
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`9.
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`Upon information and belief, Sazerac has used the ICE 101 Mark in commerce
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`rtkqt"vq"cp{"wug"d{"Crrnkecpv"qh"CrrnkecpvÓu"Octm0""
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`10.
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`CrrnkecpvÓu" Octm" ku" nkmgn{" vq" dg" eqphwugf" ykvj" cpf" okuvcmgp" hqt" Uc¦gtceÓu"
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`alcoholic beverages marketed under the ICE 101 Mark dgecwug"CrrnkecpvÓu"Octm"ku"eqphwukpin{"
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`similar in sight, sound, meaning, and commercial impression to the ICE 101 Mark.
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`11.
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`CrrnkecpvÓu" Octm" ku" kpvgpfgf" hqt" wug" kp" eqppgevkqp" ykvj" rtqfwevu" vjcv" qxgtncr"
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`ykvj"cpf"ctg"tgncvgf"vq"Uc¦gtceÓu"rtqfucts.
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`12.
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`CrrnkecpvÓu" vctigvgf" ewuvqogt" dcug" qxgtncru" ykvj" vjg" eqpuwogtu" qh" Uc¦gtceÓu"
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`alcoholic beverages.
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`13.
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`Cu" CrrnkecpvÓu" iqqfu" fguetkrvkqp" eqpvckpu" pq" tguvtkevkqpu" qt" nkokvcvkqpu" cu" vq"
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`CrrnkecpvÓu" ejcppgnu" qh" vtcfg." Uc¦gtce" oc{" cuuwog" vjcv" CrrnkecpvÓu" Octm." nike the ICE 101
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`Mark, will be used in all accepted channels of trade. Therefore, in addition to overlapping
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`eqpuwogt"dcugu."CrrnkecpvÓu"kpvgpfgf"ejcppgnu" qh"vtcfg"hqt"kvu"cneqjqn-based products overlap
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`with channels of trade used by Sazerac in marketing, selling, and otherwise distributing its
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`alcohol-based products marketed under the ICE 101 Mark.
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`14.
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`Kh"Crrnkecpv"ku"rgtokvvgf"vq"tgikuvgt"CrrnkecpvÓu"Octm"hqt"vjg"iqqfu"urgekhkgf"kp"
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`the Application herein opposed, confusion resulting in damage and injury to Sazerac would
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`likely occur. Persons familiar with the ICE 101 Mark yqwnf" nkmgn{" rgtegkxg" CrrnkecpvÓu"
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`products as associated with, affiliated with, or sponsored by Sazerac. Such confusion would
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`inevitably result in damage to Sazerac.
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`15.
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`Uc¦gtceÓu" ewuvqogtu" cpf the relevant public are likely to misapprehend
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`CrrnkecpvÓu"Octm"cu"c"Uc¦gtce"octm"tcvjgt"vjcp"c"octm"qh"Crrnkecpv"cpf1qt"dgnkgxg"kp"gttqt"vjcv"
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`iqqfu"qhhgtgf"wpfgt"vjg"CrrnkecpvÓu"Octm"ctg"qhhgtgf"d{."kp"cuuqekcvkqp"ykvj."qt"wpfgt"nkegpug"
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`from Sazerac.
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`3
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`16.
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`Any fghgev." qdlgevkqp" vq." qt" hcwnv" hqwpf" ykvj" CrrnkecpvÓu" dgxgtcigu" octmgvgf"
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`under its ICE 101 mark would necessarily reflect on and seriously injure the reputation that
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`Sazerac has established for its alcoholic beverage products.
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`17.
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`Tgikuvtcvkqp"qh"CrrnkecpvÓu" Mark would give Applicant prima facie evidence of
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`vjg"xcnkfkv{"cpf"qypgtujkr"qh"CrrnkecpvÓu"Octm"cpf"qh"CrrnkecpvÓu"gzenwukxg"tkijv"vq"wug"kvu"ICE
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`101 mark, all to the detriment of Sazerac.
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`18. Wherefore, Sazerac prays that this Opposition be sustained and that Application
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`Serial No. 85/652,722 be denied and refused registration.
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`Dated: October 29, 2013
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`COOLEY LLP
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`By:___/John Paul Oleksiuk/__________________
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`John Paul Oleksiuk, Esq.
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`Todd S. Bontemps, Esq.
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`Attorneys for Opposer
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`1299 Pennsylvania Ave, NW
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`Suite 700
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`Washington, DC 20004
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`(310) 883-6400
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`4
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`CERTIFICATE OF SERVICE
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`I hereby certify that I mailed the foregoing NOTICE OF OPPOSITION regarding
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`C & P Global Partners, LLC to the correspondent and owner of the opposed Application (being
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`one and the same), by depositing a true and correct copy of the same with the United States
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`Postal Service, first class mail, postage prepaid, in envelope addressed to:
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`Mark H. Rhee
`C & P Global Partners, LLC
`3 Corporate Park, Suite 240
`Irvine, CA 92606
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`Date: October 29, 2013
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`______/John Paul Oleksiuk/_______
`John Paul Oleksiuk
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`872543 v1/SD
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`
`
`5
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