Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA603814
`ESTTA Tracking number:
`05/12/2014
`
`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 ex-
`tension
`Address
`
`Skins International Trading AG
`05/11/2014
`
`Sennweidstrasse 43
`Steinhausen, 6312
`SWITZERLAND
`
`Attorney informa-
`tion
`
`Tamara F. Carmichael
`LOEB & LOEB LLP
`345 Park Avenue
`New York, NY 10154
`UNITED STATES
`chdocket@loeb.com, tcarmichael@loeb.com, jsarowitz@loeb.com, aproven-
`cio@loeb.com Phone:212-407-4000
`Applicant Information
`
`85782961
`05/12/2014
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`Publication date
`Opposition Peri-
`od Ends
`CARRE TECHNOLOGIES INC.
`5800, rue Saint-Denis, suite 402A,
`Montreal, Quebec, H2S 3L5
`CANADA
`Goods/Services Affected by Opposition
`
`11/12/2013
`05/11/2014
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: garments and clothing, namely, suits,
`shirts, jackets, underwear, pants, belts,shoes, boots, suspenders, hats, athletic tops and bottoms,
`sports tops, casual tops; Wearable clothing incorporated with body sensors, namely, shirts, jack-
`ets,underwear, pants, belts, shoes, boots, suspenders, hats, athletic tops and bottoms, sports tops
`and bottoms, casual tops and bottoms
`
`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
`
`3906831
`
`01/18/2011
`
`Application Date
`
`09/12/2006
`
`Foreign Priority
`Date
`
`03/29/2006
`
`

`
`Word Mark
`Design Mark
`
`S
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of an "S" design within a broken circle.
`
`Class 010. First use: First Use: 0 First Use In Commerce: 0
`Surgical and medical garments for supporting specific muscles or groups of
`muscles, for prevention of muscle injury; for therapeutic purposes; for the control
`of vascular and/or circulatory ailments;for stabilizing injured areas of the body
`and for prevention of muscle injury, namely, compression stockings, compres-
`sion long and short pants, compression shorts including short, half, and three-
`quarter length compression shorts, compression tights, compression long and
`short leggings, compression socks, compression sleeves, compression vests,
`compression jerseys, compression long and short sleeved tops, compression
`bibs, compression underwear; therapeutic compression garments for supporting
`specific muscles or groups of muscles, therapeutic compression garments for
`prevention of muscle injury; therapeutic compression garments; elastic stockings
`for medical or therapeutic purposes; elastic supports, namely, elastic supports
`for stabilizing injured areas of the body and for prevention of muscle injury
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Retail store services, wholesale store services, mail order services, on-line or-
`dering services, and distributorships, all featuring: Surgical and medical gar-
`ments for supporting specific muscles or groups of muscles, for prevention of
`muscle injury; for therapeutic purposes; for the control of vascular and/or circu-
`latory ailments; for stabilizing injured areas of the body and for prevention of
`muscle injury, namely, compression stockings, compression long and short
`pants, compression shorts including short, half,and three-quarter length com-
`pression shorts, compression tights, compression long and short leggings, com-
`pression socks, compression sleeves, compression vests, compression jerseys,
`compression long and short sleeved tops, compression bibs, compression un-
`derwear; therapeutic compression garments for supporting specific muscles or
`groups of muscles, therapeutic compression garments for prevention of muscle
`injury; therapeutic compression garments; elastic stockings for medical or thera-
`peutic purposes; elastic supports, namely, elastic supports for stabilizing injured
`areas of the body and for prevention of muscle injury
`
`U.S. Registration
`No.
`Registration Date
`
`3499197
`
`09/09/2008
`
`Word Mark
`
`S SKINS
`
`Application Date
`
`09/12/2006
`
`Foreign Priority
`Date
`
`03/29/2006
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 010. First use: First Use: 0 First Use In Commerce: 0
`Surgical and medical garments for supporting specific muscles or groups of
`muscles, for prevention of muscle injury; for therapeutic purposes; for the control
`of vascular and/or circulatory ailments;for stabilizing injured areas of the body
`and for prevention of muscle injury, namely, compression stockings, compres-
`sion long and short pants, compression shorts including short, half, and three-
`quarter length compression shorts, compression tights, compression long and
`short leggings, compression socks, compression sleeves, compression vests,
`compression jerseys, compression long and short sleeved tops, compression
`bibs, compression underwear, therapeutic compression garments for supporting
`specific muscles or groups of muscles, therapeutic compression garments for
`prevention of muscle injury; therapeutic compression garments; elastic stockings
`for medical or therapeutic purposes; elastic supports, namely, elastic supports
`for stabilizing injured areas of the body and for prevention of muscle injury
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Compression garments in the nature of apparel, namely, compression stockings,
`compression long and short pants, compression shorts including short, half, and
`three-quarter length compression shorts, compression tights, compression long
`andshort leggings, compression socks, compression sleeves, compression
`vests, compression jerseys, compression long and short sleeved tops, compres-
`sion bibs, and compression underwear
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Pads for men, women, children and babies in the nature of elbow pads for ath-
`letic use, shin pads for athletic use, kneepads for athletic use, shoulder pads for
`athletic use, hip pads for athletic use, thigh pads for athletic use, rib protectors
`for athletic use, padded hand andfinger protectors for sport or athleticactivity,
`padded jackets for athletic use; sports guards, namely, shin pads, knee pads,
`and elbow pads for athletic use, and chest protector pads for athletic use
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Retail store services, wholesale store services, mail order services, on-line or-
`dering services, and distributorships, all featuring: surgical and medical gar-
`ments for supporting specific muscles or groups of muscles, for prevention of
`muscle injury; for therapeutic purposes; for the control of vascular and/or circu-
`latory ailments; for stabilizing injured areas of the body and for prevention of
`muscle injury, namely, compression stockings, compression long and short
`pants, compression shorts including short, half,and three-quarter length com-
`pression shorts, compression tights, compression long and short leggings, com-
`pression socks, compression sleeves, compression vests, compression jerseys,
`compression long and short sleeved tops, compression bibs, compression un-
`derwear, therapeutic compression garments for supporting specific muscles or
`groups of muscles, therapeutic compression garments for prevention of muscle
`injury; therapeutic compression garments; elastic stockings for medical or thera-
`peutic purposes; elastic supports, namely, elastic supports for stabilizing injured
`
`

`
`areas of the body and for prevention of muscle injury; compressiongarments in
`the nature of apparel, namely, compression stockings, compression long and
`short pants, compression shorts including short, half, and three-quarterlength
`compression shorts, compression tights, compression long and short leggings,
`compression socks, compression sleeves, compression vests, compression jer-
`seys, compression long and short sleeved tops, compression bibs, and com-
`pression underwear; pads for men, women, childrenand babies in the nature of
`elbow pads for athletic use, shin pads for athleticuse, knee pads for athletic use,
`shoulder pads for athletic use, hip pads for athletic use, thigh pads for athletic
`use, rib protectors for athletic use, padded hand and finger protectors for sport
`or athletic activity, padded jackets for athletic use; sports guards, namely, shin
`pads, knee pads, and elbow pads for athletic use, and chest protector pads
`forathletic use
`
`77901364
`
`Application Date
`
`12/28/2009
`
`NONE
`
`S
`
`Foreign Priority
`Date
`
`NONE
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "S" within a circle design.
`
`Class 018. First use: First Use: 2014/03/01 First Use In Commerce: 2014/03/01
`Bags of leather and imitation leather, namely, athletic bags, backpacks, knap-
`sacks, satchels, shoulder bags, sports bags, including all-purpose sports bags,
`duffel bags, gym bags, holdalls; and travelling bags
`Class 028. First use: First Use: 2014/03/01 First Use In Commerce: 2014/03/01
`Bags specially adapted for sports balls, namely, lacrosse balls and soccer balls,
`football bags, lacrosse and cricket sports gear bags, and sports bags specially
`adapted for cricket equipment
`
`U.S. Application
`No.
`Registration Date
`
`77901530
`
`NONE
`
`Word Mark
`
`S SKINS
`
`Application Date
`
`12/28/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`The mark consists of an "S" logo and the word "SKINS".
`
`Class 018. First use: First Use: 0 First Use In Commerce: 0
`Bags of leather and imitation leather, namely, athletic bags, beach bags, back-
`packs, handbags, knapsacks, luggage, purses, wallets, key cases, satchels,
`shoulder bags, sports bags, including all-purpose sports bags, duffel bags,
`draw-string bags, gym bags, holdalls; and travelling bags
`Class 021. First use: First Use: 0 First Use In Commerce: 0
`Personal fluid hydration packs consisting of fluid reservoir, delivery tube andcar-
`rying bags
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Bags specially adapted for sports balls, namely, lacrosse balls, soccer balls, and
`footballs; bags specially adapted for football, lacrosse and cricket sports gear
`bags, and sports bags specially adapted for cricket equipment
`
`77951568
`
`Application Date
`
`03/05/2010
`
`NONE
`
`S
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the letter "S" inside of a circular design.
`
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Protective padding for use in football,soccer, baseball, and rugby; knee and el-
`bow pads for athletic use
`
`U.S. Application
`No.
`Registration Date
`
`86057343
`
`NONE
`
`Application Date
`
`09/05/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Word Mark
`Design Mark
`
`S
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "S" in a broken circle design.
`
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Clothing, namely, shirts, pants; footwear; headgear, namely, hats; clothing for-
`men, women, children and babies, namely, shirts, pants; clothing for sports,
`namely, cricket, cycling, football, golf, gymnastics, rugby and skiing in the nature
`of shirts, pants; clothing for motorists and travelers, namely, shirts, pants, tops;
`compression garments for athletic or other non-medical use, namely, compres-
`sion underwear; underwear; outerwear,namely, overcoats; leisure clothing,
`namely, shirts, pants; jackets; jumpers; pullovers; sports jerseys; vests; shirts;T
`shirts; pants; padded clothing for athletic use, namely, padded clothing for men,
`women, children and babies in the nature of shirts, pants; padded clothing for
`sport, namely, shirts, pants; trousers; shorts; pyjamas; dressing gowns; bath
`robes; swimwear, namely, bathing trunks and bathing suits; thermal clothing,
`namely, thermal socks, thermal underwear;wetsuits; waterproof clothing,
`namely, jackets, pants; wrist bands; shoes and boots, namely, football shoes
`and boots, gymnastic shoes; other sports shoes and boots, namely, soccer
`shoes; socks, stockings, tights, namely, compression socksand stockings for
`non-medical use; bandanas and headbands
`
`U.S. Application
`No.
`Registration Date
`
`85351932
`
`NONE
`
`Word Mark
`Design Mark
`
`TEAM S SKINS
`
`Application Date
`
`06/21/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the wording "Team Skins" and shield design.
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Retail store services, wholesale ordering services, wholesale store services,
`mail order services, on-line retail storeservices and distributorship services for
`surgical and medical garments, compressions garments, therapeutic compres-
`
`

`
`siongarments, stockings, elastic supports, including elastic support for stabilizing
`injured areas of the body, bags, including bags of leather and imitation leather,
`beach bags, backpacks, handbags, hydration packs, knapsacks, luggage,
`purses, satchels, shoulder bags, sports bags including all purpose sports bags,
`ball bags, bottle bags, boot bags, cricket bags, duffel bags, drawstring bags,
`football bags, gear bags, gym bags, holdalls, kit bags and team bags, travelling
`bags, wallets, textile and textile goods, bathlinen, bed covers, bed sheets and
`bed clothes, cushion covers, pillowcases, rugs, sheets, sleeping bags, table cov-
`ers and linen, towels including sports towels, beach towels and bath towels,
`clothing, footwear, headgear, including clothingfor men, women, children and
`babies, clothing for sports including cricket, cycling, football, golf, gymnastics,
`rugby and skiing, clothing for motorists and travelers, compression garments,
`underwear including compression underwear, outerwear, overcoats, leisure
`clothing, jackets, jumpers, pullovers, sports jerseys, vests, shirts, T-shirts, pants,
`trousers, shorts, pyjamas, dressing gowns, bath robes, swim wear including
`bathing trunks and bathing suits, thermal clothing, wetsuits, waterproof clothing,
`wrist bands, shoes and boots including football shoes and boots, gymnastic
`shoes, other sports shoes and boots, socks, stockings, tights, bandannas and
`headbands, padded clothing, including padded clothing for men, women, chil-
`dren and babies, padded clothing for sport, sports guards including chest pro-
`tectors, shin pads, knee pads and elbow pads; advertising services and market-
`ing services
`
`U.S. Application
`No.
`Registration Date
`
`85351837
`
`NONE
`
`Word Mark
`Design Mark
`
`TEAM S SKINS
`
`Application Date
`
`06/21/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the wording "Team Skins" and shield design.
`
`Class 018. First use: First Use: 0 First Use In Commerce: 0
`Bags, namely, bags of leather and imitation leather; athletic bags; beach
`bags;backpacks; handbags; knapsacks; luggage; purses; wallets; key cases;
`satchels; shoulder bags; sports bags, namely, all purpose sports bags; all-
`purpose carrying bags for sports in the field of lacrosse, football, baseball, bas-
`ketball, cricket and soccer; bags for carrying bottles; duffel bags; drawstring
`bags; gear bags, gym bags; all purpose carrying bags;kit bags and team bags
`for sports; travelling bags; umbrellas
`
`U.S. Application
`No.
`Registration Date
`
`85343513
`
`NONE
`
`Word Mark
`
`TEAM SKINS
`
`Application Date
`
`06/10/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 018. First use: First Use: 0 First Use In Commerce: 0
`Bags, namely, bags of leather and imitation leather; athletic bags; beach
`bags;backpacks; handbags; knapsacks; luggage; purses; wallets; key cases;
`satchels; shoulder bags; sports bags, namely, all purpose sports bags; bags to
`carry ballsfor lacrosse, football, baseball, basketball and soccer; bags for carry-
`ing bottles; cricket bags; duffel bags; drawstring bags; football bags; gear bags,
`gym bags; all purpose carrying bags; kit bagsand team bags for sports; travel-
`ling bags; umbrellas
`
`U.S. Application
`No.
`Registration Date
`
`85351903
`
`NONE
`
`Word Mark
`Design Mark
`
`TEAM S SKINS
`
`Application Date
`
`06/21/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the wording "TEAM SKINS" and a shield design with the
`letter "S" inside a circle design.
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Clothing, namely, shirts, pants; footwear; headgear, namely, hats; clothing for-
`men, women, children and babies, namely, shirts, pants; clothing for sports,
`namely, cricket, cycling, football, golf, gymnastics, rugby and skiing in the nature
`of shirts, pants; clothing for motorists and travelers; compression garments for
`athletic or other non-medical use, namely, compression underwear; under-
`wear;outerwear, namely, overcoats; leisure clothing, namely, shirts, pants; jack-
`ets;jumpers; pullovers; sports jerseys; vests; shirts; T shirts; pants; padded
`clothing, namely, padded clothing for men, women, children and babies in the
`nature of shirts, pants; padded clothing for sport, namely, shirts, pants; trousers;
`shorts; pyjamas; dressing gowns; bath robes; swimwear, namely, bathing trunks
`and bathing suits; thermal clothing, namely,thermal socks, thermal underwear;
`wetsuits; waterproof clothing, namely, jackets, pants; wrist bands; shoes and
`boots, namely, football shoes and boots, gymnastic shoes; other sports shoes
`
`

`
`and boots,namely, soccer shoes; socks, stockings,tights, namely, compression
`socks and stockings; bandanas and headbands
`
`U.S. Application
`No.
`Registration Date
`
`85343554
`
`NONE
`
`Word Mark
`Design Mark
`
`TEAM SKINS
`
`Application Date
`
`06/10/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Clothing, namely, shirts, pants; footwear; headgear, namely, hats; clothing for-
`men, women, children and babies, namely, shirts, pants; clothing for sports,
`namely, cricket, cycling, football, golf, gymnastics, rugby and skiing in the nature
`of shirts, pants; clothing for motorists and travelers; compression garments for
`athletic or other non-medical use, namely, compression underwear; under-
`wear;outerwear, namely, overcoats; leisure clothing, namely, shirts, pants; jack-
`ets;jumpers; pullovers; sports jerseys; vests; shirts; T shirts; pants; padded
`clothing, namely, padded clothing for men, women, children and babies in the
`nature of shirts, pants; padded clothing for sport, namely, shirts, pants; trousers;
`shorts; pyjamas; dressing gowns; bath robes; swimwear, namely, bathing trunks
`and bathing suits; thermal clothing, namely,thermal socks, thermal underwear;
`wetsuits; waterproof clothing, namely, jackets, pants; wrist bands; shoes and
`boots, namely, football shoes and boots, gymnastic shoes; other sports shoes
`and boots,namely, soccer shoes; socks, stockings,tights, namely, compression
`socks and stockings; bandanas and headbands
`
`U.S. Application
`No.
`Registration Date
`
`85343603
`
`NONE
`
`Word Mark
`Design Mark
`
`TEAM SKINS
`
`Application Date
`
`06/10/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Retail store services, wholesale ordering services, wholesale store services,
`mail order services, on-line retail storeservices and distributorship services for
`surgical and medical garments, compressions garments, therapeutic compres-
`siongarments, stockings, elastic supports, including elastic support for stabilizing
`injured areas of the body, bags, including bags of leather and imitation leather,
`beach bags, backpacks, handbags, hydration packs, knapsacks, luggage,
`purses, satchels, shoulder bags, sports bags including all purpose sports bags,
`ball bags, bottle bags, boot bags, cricket bags, duffel bags, drawstring bags,
`football bags, gear bags, gym bags, holdalls, kit bags and team bags, travelling
`bags, wallets, textile and textile goods, bathlinen, bed covers, bed sheets and
`bed clothes, cushion covers, pillowcases, rugs, sheets, sleeping bags, table cov-
`ers and linen, towels including sports towels, beach towels and bath towels,
`clothing, footwear, headgear, including clothingfor men, women, children and
`babies, clothing for sports including cricket, cycling, football, golf, gymnastics,
`rugby and skiing, clothing for motorists and travelers, compression garments,
`underwear including compression underwear, outerwear, overcoats, leisure
`clothing, jackets, jumpers, pullovers, sports jerseys, vests, shirts, T-shirts, pants,
`trousers, shorts, pyjamas, dressing gowns, bath robes, swim wear including
`bathing trunks and bathing suits, thermal clothing, wetsuits, waterproof clothing,
`wrist bands, shoes and boots including football shoes and boots, gymnastic
`shoes, other sports shoes and boots, socks, stockings, tights, bandannas and
`headbands, padded clothing, including padded clothing for men, women, chil-
`dren and babies, padded clothing for sport, sports guards including chest pro-
`tectors, shin pads, knee pads and elbow pads; advertising services and market-
`ing services
`
`Related Proceed-
`ings
`
`HEXOSKIN - WEARABLE BODY METRICS - Serial No. 85782977; HEXOSKIN
`- WEARABLE BODY METRICS - Serial No. 85782965.
`
`Attachments
`
`78972770#TMSN.jpeg( bytes )
`78972753#TMSN.jpeg( bytes )
`77901364#TMSN.jpeg( bytes )
`77901530#TMSN.jpeg( bytes )
`77951568#TMSN.jpeg( bytes )
`86057343#TMSN.jpeg( bytes )
`85351932#TMSN.jpeg( bytes )
`85351837#TMSN.jpeg( bytes )
`85343513#TMSN.jpeg( bytes )
`85351903#TMSN.jpeg( bytes )
`85343554#TMSN.jpeg( bytes )
`85343603#TMSN.jpeg( bytes )
`Notice of Opposition HEXOSKIN 85782961.pdf(75420 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
`
`/Tamara F. Carmichael/
`Tamara F. Carmichael
`05/12/2014
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 85782961: HEXOSKIN - WEARABLE BODY
`METRICS
`Published in the Official Gazette of November 12, 2013
`
`Opposition No. _______________
`
`SKINS INTERNATIONAL TRADING AG )
`)
`
`) )
`
`) )
`
`) ) )
`
`)
`
`Opposer,
`
`v.
`
`CARRE TECHNOLOGIES INC.
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Skins International Trading AG (“Opposer”), a corporation located and doing business at
`
`Sennweidstasse 43 Steinhausen, Switzerland, 6312, believes it will be damaged by the
`
`registration of the trademark HEXOSKIN - WEARABLE BODY METRICS in International
`
`Class 25 in Application Serial No. 85/782,961, filed by Carre Technologies Inc., a Canadian
`
`Corporation (“Applicant”), and hereby opposes the same.
`
`As grounds for this opposition, Opposer alleges:
`
`1.
`
`Opposer has pioneered and engineered a line of athletic gear and apparel known
`
`as SKINS. The company offers, inter alia, SKINS gear and apparel and sells its SKINS products
`
`through retailers in the United States and internationally, including through its own online store
`
`located at www.skins.net.
`
`2.
`
`Since long prior to the filing of Applicant’s Application Serial No. 85/782,961,
`
`Opposer has marketed, distributed and sold its SKINS products and services under the
`
`trademarks S SKINS and S, and others (collectively the “SKINS Marks”).
`
`1
`
`

`
`3.
`
`Opposer owns registrations and applications for the SKINS Marks in International
`
`Classes 10, 18, 25, 28, and 35 for a variety of goods, including, but not limited to, clothing,
`
`apparel, and compression garments for athletic use, footwear, including shoes and boots, and
`
`other sports shoes, leggings, pants, tights, shorts, long and short sleeved tops, jerseys, vests, bags
`
`and accessories, and for retail services, including store, wholesale, mail-order, on-line and
`
`distributor services for such garments and accessories. Opposer’s registrations and applications
`
`include, but are not limited to the registrations and applications set forth in Exhibit A to this
`
`Notice of Opposition. These registrations and applications are valid, subsisting, and owned by
`
`Opposer.
`
`4.
`
`By virtue of the popularity of Opposer’s goods and services offered or sold in
`
`connection with the SKINS Marks, and its advertising and promotion of the SKINS Marks,
`
`Opposer has built up and now owns an extremely valuable goodwill and reputation which is
`
`symbolized by its SKINS Marks.
`
`5.
`
`Applicant’s proposed use of the HEXOSKIN - WEARABLE BODY METRICS
`
`mark for “garments and clothing, namely, suits, shirts, jackets, underwear, pants, belts, shoes,
`
`boots, suspenders, hats, athletic tops and bottoms, sports tops, casual tops; Wearable clothing
`
`incorporated with body sensors, namely, shirts, jackets, underwear, pants, belts, shoes, boots,
`
`suspenders, hats, athletic tops and bottoms, sports tops and bottoms, casual tops and bottoms” in
`
`International Class 025 (“Applicant’s Goods”) in App. Ser. No. 85/782,961 is without Opposer’s
`
`consent or permission.
`
`6.
`
`Opposer believes
`
`that Applicant’s proposed use of
`
`the HEXOSKIN -
`
`WEARABLE BODY METRICS mark for Applicant’s Goods may cause confusion, mistake, or
`
`deception in that consumers may be likely to believe Applicant’s Goods are Opposer’s goods or
`
`2
`
`

`
`the goods of a person or company that is sponsored, authorized or licensed by, or in some other
`
`way legitimately connected with, Opposer.
`
`WHEREFORE, Opposer respectfully requests that this opposition be sustained and that
`
`Application Serial No. 85/782,961 be denied registration.
`
`Please debit our Deposit Account No. 502547 for the filing fee and for any additional
`
`necessary fees.
`
`Please address all correspondence to Tamara Carmichael, Esq., Loeb & Loeb LLP, 345
`
`Park Avenue, New York, New York, 10154.
`
`Date: May 12, 2014
`
`LOEB & LOEB LLP
`
`By:
`
`_/s/ Tamara Carmichael___________
`Tamara Carmichael
`Jodi R. Sarowitz
`345 Park Avenue
`New York, New York 10154
`Telephone: (212) 407-4000
`Facsimile: (212) 407-4990
`
`Attorneys for Opposer
`Skins International Trading AG
`
`3
`
`

`
`CERTIFICATE OF SERVICE
`
`I, Angela Ocasio Provencio, hereby certify that a copy of
`
`this NOTICE OF
`
`OPPOSITION has been served upon:
`
`FRANCIS J. DUFFIN
`WIGGIN AND DANA LLP
`PO BOX 1832
`NEW HAVEN, CONNECTICUT 06508-1832
`
`via first class mail, postage prepaid, on this 12th day of May, 2014.
`
`/s/ Angela Ocasio Provencio
`
`4
`
`

`
`TRADEMARK
`
`REG. OR
`APP. NO.
`
`3906831
`
`REG. OR
`APP.
`DATE
`1/18/2011
`
`Exhibit A
`
`GOODS AND SERVICES
`
`Int’l Class 10: Surgical and medical garments for
`supporting specific muscles or groups of muscles,
`for prevention of muscle injury; for therapeutic
`purposes; for the control of vascular and/or
`circulatory ailments; for stabilizing injured areas of
`the body and for prevention of muscle injury,
`namely, compression stockings, compression long
`and short pants, compression shorts including short,
`half, and three-quarter length compression shorts,
`compression tights, compression long and short
`leggings, compression socks, compression sleeves,
`compression vests, compression jerseys,
`compression long and short sleeved tops,
`compression bibs, compression underwear;
`therapeutic compression garments for supporting
`specific muscles or groups of muscles, therapeutic
`compression garments for prevention of muscle
`injury; therapeutic compression garments; elastic
`stockings for medical or therapeutic purposes;
`elastic supports, namely, elastic supports for
`stabilizing injured areas of the body and for
`prevention of muscle injury
`
`Int’l Class 35: Retail store services, wholesale store
`services, mail order services, on-line ordering
`services, and distributorships, all featuring:
`Surgical and medical garments for supporting
`specific muscles or groups of muscles, for
`prevention of muscle injury; for therapeutic
`purposes; for the control of vascular and/or
`circulatory ailments; for stabilizing injured areas of
`the body and for prevention of muscle injury,
`namely, compression stockings, compression long
`and short pants, compression shorts including short,
`half, and three-quarter length compression shorts,
`compression tights, compression long and short
`leggings, compression socks, compression sleeves,
`compression vests, compression jerseys,
`compression long and short sleeved tops,
`compression bibs, compression underwear;
`therapeutic compression garments for supporting
`specific muscles or groups of muscles, therapeutic
`compression garments for prevention of muscle
`injury; therapeutic compression garments; elastic
`stockings for medical or therapeutic purposes;
`elastic supports, namely, elastic supports for
`stabilizing injured areas of the body and for
`prevention of muscle injury
`
`5
`
`

`
`TRADEMARK
`
`REG. OR
`APP. NO.
`
`3499197
`
`REG. OR
`APP.
`DATE
`9/9/2008
`
`GOODS AND SERVICES
`
`Int’l Class 10: Surgical and medical garments for
`supporting specific muscles or groups of muscles,
`for prevention of muscle injury; for therapeutic
`purposes; for the control of vascular and/or
`circulatory ailments; for stabilizing injured areas of
`the body and for prevention of muscle injury,
`namely, compression stockings, compression long
`and short pants, compression shorts including short,
`half, and three-quarter length compression shorts,
`compression tights, compression long and short
`leggings, compression socks, compression sleeves,
`compression vests, compression jerseys,
`compression long and short sleeved tops,
`compression bibs, compression underwear,
`therapeutic compression garments for supporting
`specific muscles or groups of muscles, therapeutic
`compression garments for prevention of muscle
`injury; therapeutic compression garments; elastic
`stockings for medical or therapeutic purposes;
`elastic supports, namely, elastic supports for
`stabilizing injured areas of the body and for
`prevention of muscle injury
`
`Int’l Class 025: Compression garments in the
`nature of apparel, namely, compression stockings,
`compression long and short pants, compression
`shorts including short, half, and three-quarter length
`compression shorts, compression tights,
`compression long and short leggings, compression
`socks, compression sleeves, compression vests,
`compression jerseys, compression long and short
`sleeved tops, compression bibs, and compression
`underwear
`
`Int’l Class 028: Pads for men, women, children and
`babies in the nature of elbow pads for athletic use,
`shin pads for athletic use, knee pads for athletic
`use, shoulder pads for athletic use, hip pads for
`athletic use, thigh pads for athletic use, rib
`protectors for athletic use, padded hand and finger
`protectors for sport or athletic activity, padded
`jackets for athletic use; sports guards, namely, shin
`pads, knee pads, and elbow pads for athletic use,
`and chest protector pads for athletic use
`
`Int’l Class 035: Retail store services, wholesale
`store services, mail order services, on-line ordering
`services, and distributorships, all featuring: surgical
`and medical garments for supporting specific
`muscles or groups of muscles, for prevention of
`muscle injury; for therapeutic purposes; for the
`control of vascular and/or circulatory ailments; for
`
`6
`
`

`
`TRADEMARK
`
`REG. OR
`APP. NO.
`
`GOODS AND SERVICES
`
`REG. OR
`APP.
`DATE
`
`stabilizing injured areas of the body and for
`prevention of muscle injury, namely, compression
`stockings, compression long and short pants,
`compression shorts including short, half, and three-
`quarter length compression shorts, compression
`tights, compression long and short leggings,
`compression socks, compression sleeves,
`compression vests, compression jerseys,
`compression long and short sleeved tops,
`compression bibs, compression underwear,
`therapeutic compression garments for supporting
`specific muscles or groups of muscles, therapeutic
`compression garments for prevention of muscle
`injury; therapeutic compression garments; elastic
`stockings for medical or therapeutic purposes;
`elastic supports, namely, elastic supports for
`stabilizing injured areas of the body and for
`prevention of muscle injury; compression garments
`in the nature of apparel, namely, compression
`stockings, compression long and short pants,
`compression shorts including short, half, and three-
`quarter length compression shorts, compression
`tights, compression long and short leggings,
`compression socks, compression sleeves,
`compression vests, compression jerseys,
`compression long and short sleeved tops,
`compression bibs, and compression underwear.
`pads for men, women, children and babies in the
`nature of elbow pads for athletic use, shin pads for
`athletic use, knee pads for athletic use, shoulder
`pads for athletic use, hip pads for athletic use, thigh
`pads for athletic use, rib protectors fo