Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA590707
`ESTTA Tracking number:
`03/05/2014
`
`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
`
`Franci Cohen
`Individual
`1113 East 7th Street
`Brooklyn, NY 11230
`UNITED STATES
`
`Citizenship
`
`UNITED STATES
`
`Attorney
`information
`
`Lynne Petillo Esq.
`1041 State Route 36 Suite 203
`Atlantic Highlands, NJ 07716
`UNITED STATES
`lpetillo@petillolaw.com Phone:732-291-0002
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`86066696
`03/05/2014
`
`Publication date
`Opposition
`Period Ends
`
`02/11/2014
`03/13/2014
`
`Rogers, Kim
`PO BOX 2
`Silvana, WA 98287
`USX
`Goods/Services Affected by Opposition
`
`Class 028. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Exercise equipment, namely, adjustable
`support stand for performing callisthenic and stretching exercises
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`4391039
`
`08/27/2013
`
`Word Mark
`Design Mark
`
`SPIDERBANDS
`
`Application Date
`
`10/18/2012
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA590707
`ESTTA Tracking number:
`03/05/2014
`
`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
`
`Franci Cohen
`Individual
`1113 East 7th Street
`Brooklyn, NY 11230
`UNITED STATES
`
`Citizenship
`
`UNITED STATES
`
`Attorney
`information
`
`Lynne Petillo Esq.
`1041 State Route 36 Suite 203
`Atlantic Highlands, NJ 07716
`UNITED STATES
`lpetillo@petillolaw.com Phone:732-291-0002
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`86066696
`03/05/2014
`
`Publication date
`Opposition
`Period Ends
`
`02/11/2014
`03/13/2014
`
`Rogers, Kim
`PO BOX 2
`Silvana, WA 98287
`USX
`Goods/Services Affected by Opposition
`
`Class 028. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Exercise equipment, namely, adjustable
`support stand for performing callisthenic and stretching exercises
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`4391039
`
`08/27/2013
`
`Word Mark
`Design Mark
`
`SPIDERBANDS
`
`Application Date
`
`10/18/2012
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the word "SPIDERBANDS" outlined in red and white with
`the inner portions appearing in grey with a texture like surface with a stylized
`design on the last letter "S" consisting ofa white spider web and red spider over
`the letter "S". The color black appearing in the mark is merely for shading
`purposes and is not claimed as a feature of the mark.
`Class 041. First use: First Use: 2005/01/01 First Use In Commerce: 2005/01/01
`physical fitness and training services
`
`U.S. Application
`No.
`Registration Date
`
`86208609
`
`NONE
`
`Application Date
`
`03/02/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SPIDERBANDS
`
`NONE
`
`Class 028. First use: First Use: 2005/01/01 First Use In Commerce: 2005/01/01
`Exercise equipment and accessories; gymequipment and accessories
`Class 041. First use: First Use: 2005/01/01 First Use In Commerce: 2005/01/01
`Physical fitness training and instruction services; Exercise and physical fitness
`conditioning classes
`
`Attachments
`
`85758029#TMSN.jpeg( bytes )
`Notice of Opposition SPIDERWINGS.pdf(1080710 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
`
`/lp/
`Lynne Petillo Esq.
`03/05/2014
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRM)EMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application for U.S. Trademark Registration
`
`Serial No.:
`
`86/066696
`
`Trademark:
`
`SPIDERWINGS
`
`Goods:
`
`Exercise equipment, namely adjustable support stand for
`performing callisthenic and stretching exercises
`
`Filing Date:
`
`September 17, 2013
`
`Publication Date:
`
`Published in the Official Gazette on Feb. 11, 2014
`
`FRANCI COHEN,
`
`V.
`
`KIM ROGERS,
`
`Opposer,
`
`Applicant.
`__:___:___:)
`
`‘-..#\./\_/\._/\../\../§/\...’\../\_/
`
`Opposition No.
`
`NOTICE OF OPPOSITION
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`ATTN : TTAB
`
`Dear Sir or Madam:
`
`Franci Cohen (“Opposer”), an individual U.S. citizen, with an address of 1113
`
`East 7”‘ Street, Brooklyn, New York 11230, believes that she will be damaged by the
`
`registration by Kim Rogers (“Applicant”) of the mark which is the subject of the above-
`
`identified application (“the Application”) and hereby opposes the same.
`
`
`
`The grounds for the opposition are as follows:
`
`1. Opposer has used her mark in commerce since at least prior to September 17,
`
`2013, the date of the filing of Applicanfs application. The Application is filed on an
`
`intent-to-use basis, as Applicant is not actually using the mark in commerce yet. Opposer
`
`is presently using the trademark SPIDERBANDS (“Opposer’s Mark”) in connection with
`
`the following goods and services: physical fitness and exercise instruction, training and
`
`conditioning services in International Class 41; exercise equipment and accessories and
`
`gym equipment and accessories in International Class 28; and Workout clothing and
`
`sportswear in International Class 25.
`
`2. Opposer has used Opposer’s Mark in commerce since at least prior to
`
`September 17, 2013, the date of the filing of Applicant’s intent-to-use Application, and is
`
`presently using Opposer’s Mark in connection with physical fitness and exercise
`
`instruction, training and conditioning services in International Class 41; and with exercise
`
`equipment and accessories and gym equipment and accessories in International Class 28.
`
`3. Opposer’s Mark is the subject of the following United States trademark
`
`registrations and applications: Reg. No. 4,391,039 and App. No. 86208609. Additionally,
`
`Opposer is in the process of obtaining patents on the equipment and services covered by
`
`Opposer’s Mark.
`
`4. By virtue of Opposer’s extensive and continuous use of Opposer’s Mark,
`
`extensive efforts and the expenditure of large sums for promotional activities, and by
`
`virtue of the quality of the goods and services offered under Opposer’s Mark, Opposer’s
`
`Mark has developed extensive goodwill and consumer recognition and become well~
`
`known.
`
`
`
`5. There is no issue as to priority. Opposer commenced use of Opposer’s Mark
`
`in commerce prior to September 17, 2013, the date of the Applicant’s filing of the
`
`Application for her'SP1DER.WINGS mark (“Applicar1t’s Mark”).
`
`6. Applicanfs Mark is confusingly similar to Opposer’s Mark. Applicant’s Mark
`
`and 0pposer’s Mark are nearly visually and phonetically identical as to the SPIDER
`
`portion of the Marks, except for the Applicant’s use of the word WINGS to the end of the
`
`mark, and the goods and services offered under the marks are virtually identical and
`
`highly related, and are likely to be sold, marketed and/or offered to the same class of
`
`consumer (i.e. people interested in workout and physical fitness classes) and through
`
`similar channels of trade (i.e. health and fitness establishments, gyms, etc.).
`
`7. Applicant’s Mark is deceptively similar to Opposer’s Mark so as to cause
`
`confusion and deceive the public as to origin of Applicant’s goods to be offered under
`
`Applicant’s Mark. Consumers and persons in the trade will assume, contrary to fact, that
`
`Applicanfs goods are associated with, endorsed by or in some other way related to
`
`Opposer and/or Opposer’s goods and services.
`
`8. Opposer alleges and believes, for the reasons set forth above, that if Applicant
`
`is permitted to use and/or register Applica:nt’s Mark in connection with Applicanfs
`
`goods, as specified in the Application, confusion in the trade would occur, resulting in
`
`damage and injury to Opposer.
`
`9.
`
`If Applicant is granted the registration herein opposed, Applicant would
`
`thereby obtain at least a prima facie exclusive right to the use of Applicant’s Mark. Such
`
`registration would be a source of damage and injury to Opposer.
`
`
`
`10. Opposer alleges and believes that, if Applicant is granted the registration
`
`herein opposed, it could weaken the strength and reputation of Opposer’s Mark, resulting
`
`in damage and injury to Opposer.
`
`ll. By reason of the foregoing, Applicant is not entitled to registration of
`
`Applicant’s Mark.
`
`WHEREFORE, Opposer respectfully requests that this opposition be sustained in
`
`favor of Opposer and that the registration of Appliea11t’s Mark be rejected and denied.
`
`Dated: March 5, 2014
`
`Respectfully submitted,
`
`
`LYNNE PETILLO, ESQ.
`1041 State Route 36, Suite 203
`Atlantic Highlands, NJ 07716
`Tel: (732) 291-0002
`Fax: (732) 291-0004
`Email: lpetillogalpetilloiawcom
`Attorney for Opposer
`Franci Cohen
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