Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA596119
`ESTTA Tracking number:
`04/02/2014
`
`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
`Granted to Date
`of previous
`extension
`Address
`
`Sal's Pizza Restaurant, Inc.
`04/02/2014
`
`2525 Wycliff
`Dallas, TX 75219
`UNITED STATES
`
`Attorney
`information
`
`Shauna M. Wertheim
`The Marbury Law Group, PLLC
`11800 Sunrise Valley Drive 15th Floor
`Reston, VA 20191
`UNITED STATES
`tm-docketing@marburylaw.com Phone:(703) 391-2900
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85809340
`04/02/2014
`
`Publication date
`Opposition
`Period Ends
`
`12/03/2013
`04/02/2014
`
`BB and CC Inc.
`1821 E. Sedgley Avenue
`Philadelphia, PA 19124
`NJ
`Goods/Services Affected by Opposition
`
`Class 029. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Processed meat, processed cheese spread
`Class 030. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Frozen sandwiches
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2740963
`
`07/29/2003
`
`Word Mark
`
`SAL'S
`
`Application Date
`
`07/10/2000
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA596119
`ESTTA Tracking number:
`04/02/2014
`
`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
`Granted to Date
`of previous
`extension
`Address
`
`Sal's Pizza Restaurant, Inc.
`04/02/2014
`
`2525 Wycliff
`Dallas, TX 75219
`UNITED STATES
`
`Attorney
`information
`
`Shauna M. Wertheim
`The Marbury Law Group, PLLC
`11800 Sunrise Valley Drive 15th Floor
`Reston, VA 20191
`UNITED STATES
`tm-docketing@marburylaw.com Phone:(703) 391-2900
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85809340
`04/02/2014
`
`Publication date
`Opposition
`Period Ends
`
`12/03/2013
`04/02/2014
`
`BB and CC Inc.
`1821 E. Sedgley Avenue
`Philadelphia, PA 19124
`NJ
`Goods/Services Affected by Opposition
`
`Class 029. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Processed meat, processed cheese spread
`Class 030. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Frozen sandwiches
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2740963
`
`07/29/2003
`
`Word Mark
`
`SAL'S
`
`Application Date
`
`07/10/2000
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 043. First use: First Use: 1982/03/01 First Use In Commerce: 1982/03/01
`RESTAURANT SERVICES FEATURING PIZZA ANDITALIAN FOODS
`
`Attachments
`
`76086203#TMSN.gif( bytes )
`Notice of Opp_02 APR 2014.pdf(486230 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
`
`/Shauna M. Wertheim/
`Shauna M. Wertheim
`04/02/2014
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.
`
`In The Matter of Application Serial No. 85/809,340
`For the Trademark:
`SAL’S
`
`Published in the Official Gazette on December 3, 2013
`
`)
`
`) )
`
`)
`)
`
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`
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`
`)
`
`SAL’S PIZZA RESTAURANT, INC.
`
`v.
`
`BB and CC Inc.
`
`Opposer,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Opposer Sal's Pizza Restaurant, Inc., a corporation of Texas with its principal place of
`
`business at 2525 Wycliff, Dallas, Texas 75219, believes it will be damaged by registration of the
`
`mark "SAL'S" ("Applicant's Mark") as applied for in Serial No. 85/809,340 filed on December
`
`21, 2012 by Applicant BB and CC, Inc. ("Applicant").
`
`As grounds for opposition, Opposer alleges as follows:
`
`1.
`
`On information and belief, Applicant is a New Jersey corporation with a mailing
`
`address at 1821 E. Sedgley Avenue, Philadelphia, Pennsylvania 19124.
`
`2.
`
`Applicant filed Serial No. 85/809,340 on December 21, 2012 seeking registration
`
`of SAL’S for "processed meat, processed cheese spread, frozen sandwiches and restaurant
`
`services" in International Class 29. On October 9, 2013, Applicant amended its application to
`
`delete "restaurant services," and to place "processed meat" and "processed cheese spread" in
`
`
`
`Class 29, and "frozen sandwiches" in Class 30, which amendments were accepted by the
`
`USPTO on October 11, 2013.
`
`3.
`4.
`
`Applicant's Mark was published in the Oflicial Gazette on December 3, 2013.
`Opposer is the owner of incontestable U.S. Trademark Registration No. 2,740,963
`
`for SAL’S for “restaurant services featuring pizza and Italian foods” in Class 43. This
`
`registration is valid, subsisting, uncancelled and conclusive evidence of Opposer’s exclusive
`
`right to use SAL’s in commerce or in connection with the goods/services specified in the
`
`registration. A true and correct copy of Opposer’s registration is attached hereto as Exhibit A,
`
`and incorporated by reference as though fully set forth herein.
`
`5.
`
`Since at least as early as March 1, 1982, Opposer adopted and has continuously
`
`used its SAL’S mark in connection with restaurant services featuring pizza and Italian foods.
`
`6.
`
`Opposer has invested substantial amounts of time, effort and money in
`
`developing, marketing, promoting and protecting its SAL’S mark in the field of restaurant
`
`services featuring pizza and Italian foods.
`
`7.
`
`Applicant has no license, consent or permission from Opposer to use or register
`
`SAL’S.
`
`8.
`
`Applicant’s mark so resembles Opposer’s mark SAL’S and covers related goods
`
`that it is likely to cause confusion, or to cause mistake or to deceive within the meaning of
`
`Section 2(d) of the Trademark (Lanham) Act of 1946, 15 U.S.C. § 1052(d); and more
`
`particularly, Applicant’s mark and use thereof are likely to cause confusion in, or to cause
`
`mistake by, or to deceive the trade and purchasing public into believing that the goods in Serial
`
`No. 85/809,340 originate with or are affiliated with Opposer, or otherwise are authorized,
`
`licensed or sponsored by Opposer.
`
`
`
`9.
`
`By reason of the foregoing, Opposer will be gravely damaged by the registration
`
`of SAL’S for the goods in Serial No. 85/809,340, because registration ofthat mark would be in
`
`violation of Opposer's trademark rights.
`
`WHEREFORE, Opposer prays that this Notice of Opposition be sustained in favor of
`
`Opposer and that Serial No. 85/809,340 be denied registration.
`
`Dated: April 2, 2014
`
`Respectfully submitted,
`
`SAIJS PIZZA RESTAURANT, INC.
`
`
`
` =
`
`
`
`Shauna M. Wertheim
`THE MARBURY LAW GROUP PLLC
`
`l 1800 Sunrise Valley Drive
`15‘h Floor
`
`Reston, Virginia 20191
`(703) 391-2900
`(703) 391-2901 (fax)
`Atromeyfor ()pposer' Sal ’s Pizza Restaurant, Inc.
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 2nd day of April, 2014, I caused a true and correct copy of
`
`the foregoing Notice of Opposition, together with Exhibit A thereto, to be served by f"1rst—c1ass
`
`mail, postage prepaid upon:
`
`Jeffrey L. Eichen
`Novak Druce Connolly Bove + Quigg LLP
`PO. Box 2207
`
`Wilmington, DE 19899-2207
`
`A Irorneys for Applicam‘
`
`
`
`
`
`Int. Cl.: 43
`
`Prior U.S. C1s.: 100 and 101
`
`Reg. No. 2,740,963
`Registered July 29, 2003
`United States Patent and Trademark Office
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`SAL’S
`
`SAL’S PIZZA RESTAURANT, INC. (TEXAS coa-
`PORATION)
`2525 WYCLIFF
`DALLAS, TX 752:9
`
`FOR: RESTAURANT SERVICES FEATURING
`PIZZA AND ITALIAN FOODS, IN CLASS 43 (US.
`CLS. I00 AND IUI).
`
`FIRST USE 3-I-I982; IN COMMERCE 3-1-1982.
`
`SEER. NO. 76-086,203. FILED 7-10-2000.
`
`YSA DEJESUS, EXAMINING ATTORNEY
`
`32
`E-2:
`
`S=. >
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