Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA678791
`ESTTA Tracking number:
`06/18/2015
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91222231
`Defendant
`Istanbul Altin Rafinerisi Anonim Sirketi
`JOHN ALUMIT
`ALUMIT IP
`135 S. JACKSON STREET SUITE 200
`GLENDALE, CA 91205
`UNITED STATES
`john@alumitip.com
`Answer
`John Alumit
`john@alumitip.com
`/john alumit/
`06/18/2015
`TTAB_Answer_GG Goldram.pdf(79537 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Filer's e-mail
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Gucci America, Inc.
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`Opposer,
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` ) Opposition No. 91222231
`Istanbul Altin Rafinerisi Anonim Sirketi
` ) Application no. 79156963
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` ) Mark: GG GOLDRAM
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`Applicant
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`______________________________________)
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`ANSWER TO NOTICE OF OPPOSITION
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`Applicant, Istanbul Altin Rafinerisi Anonim Sirketi, by its attorneys hereby responds to
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`the allegations set forth in the Notice of Opposition filed by Opposer, Gucci America, Inc., on
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`June 1, 2015, as follows:
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`GROUNDS FOR OPPOSITION
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`1.
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`Applicant has insufficient knowledge or information as to the truth of the allegations set
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`forth in Paragraph 1 of the Notice of Opposition, and therefore denies said allegations.
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`2.
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`Applicant has insufficient knowledge or information as to the truth of the allegations set
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`forth in Paragraph 2 of the Notice of Opposition, and therefore denies said allegations.
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`3.
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`Applicant has insufficient knowledge or information as to the truth of the allegations set
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`forth in Paragraph 3 of the Notice of Opposition, and therefore denies said allegations.
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`4.
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`Applicant admits that U.S. registration nos. 1106722, 1107311, 1107259 and 3378755 are
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`active registrations listed under the name of Opposer in the U.S. Patent and Trademark Office
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`TDR system, and that the TDR system states that a section 15 declaration has been filed for each
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`registration. Applicant has insufficient knowledge or information as to the truth of the remainder
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`of the allegations set forth in Paragraph 4 of the Notice of Opposition, and therefore denies said
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`remainder. In particular, Applicant does not know whether there may be non-recorded assignees,
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`whether the registrations are in fact valid, and whether the registrations are in fact incontestable.
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`The filing of a section 15 Declaration does not make the registration incontestable per se, but is
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`an issue to be determined by a court.
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`5.
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`Applicant has insufficient knowledge or information as to the truth of the allegations set
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`forth in Paragraph 5 of the Notice of Opposition, and therefore denies said allegations.
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`6.
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`Applicant admits that U.S. registration nos. 1158170, 1464522, 3376129, 3391739 and
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`445434 are active registrations listed under the name of Opposer in the U.S. Patent and
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`Trademark Office TDR system, and that the TDR system states that a section 15 declaration has
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`been filed for some of these registrations. Applicant has insufficient knowledge or information
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`as to the truth of the remainder of the allegations set forth in Paragraph 6 of the Notice of
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`Opposition, and therefore denies said remainder. In particular, Applicant does not know whether
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`there may be non-recorded assignees, whether the registrations are in fact valid, and whether the
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`registrations are in fact incontestable. The filing of a section 15 Declaration does not make the
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`registration incontestable per se, but is an issue to be determined by a court.
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`7.
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`Applicant has insufficient knowledge or information as to the truth of the allegations set
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`forth in Paragraph 7 of the Notice of Opposition, and therefore denies said allegations.
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`8.
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`Applicant admits that U.S. registration nos. 3039629, 3039630, 3039631, 3470140, and
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`4407197 are active registrations listed under the name of Opposer in the U.S. Patent and
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`Trademark Office TDR system, and that the TDR system states that a section 15 declaration has
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`been filed for most of these registrations. Applicant has insufficient knowledge or information
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`as to the truth of the remainder of the allegations set forth in Paragraph 8 of the Notice of
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`Opposition, and therefore denies said remainder. In particular, Applicant does not know whether
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`there may be non-recorded assignees, whether the registrations are in fact valid, and whether the
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`registrations are in fact incontestable. The filing of a section 15 Declaration does not make the
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`registration incontestable per se, but is an issue to be determined by a court.
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`9.
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`Paragraph 9 makes no allegation to affirm or deny. Applicant therefore denies the
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`allegation in paragraph 9.
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`10. Applicant has insufficient knowledge or information as to the truth of the allegations set
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`forth in Paragraph 10 of the Notice of Opposition, and therefore denies said allegations.
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`11. Applicant has insufficient knowledge or information as to the truth of the allegations set
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`forth in Paragraph 11 of the Notice of Opposition, and therefore denies said allegations.
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`12. Applicant has insufficient knowledge or information as to the truth of the allegations set
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`forth in Paragraph 12 of the Notice of Opposition, and therefore denies said allegations.
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`13. Applicant admits that Applicant seeks to register the Applicant’s Mark in connection with
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`Applicant’s Goods and Services. Applicant further admits that Opposer’s priority filing dates
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`and alleged dates of first use as indicated in the USPTO TESS Database are prior to Applicant’s
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`filing date. Applicant has insufficient knowledge or information as to the truth of the remainder
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`of allegations set forth in Paragraph 13 of the Notice of Opposition, and therefore denies said
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`remainder.
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`14. Applicant denies that Applicant’s Mark is confusingly similar in appearance and commercial
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`impression to Opposer’s GG Design Marks. Applicant has insufficient knowledge or
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`information as to the truth of the remainder of the allegations set forth in Paragraph 14 of the
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`Notice of Opposition, and therefore denies said remainder.
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`15. Denied.
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`16. Denied.
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`17. Denied.
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`AFFIRMATIVE DEFENSE
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`1.
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`Applicant is informed and believes, and on this basis asserts that Opposer’s Registration
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`Nos. 1106722, 1107311, 1107259 and 3378755 must be viewed in the context of interlocking
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`chains based on the manner in which Opposer actually uses the mark.
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`2.
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`Applicant is informed and believes that the marks depicted in registration nos. 1106722,
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`1107311, 1107259 and 3378755 are invalid because the GG design cannot be severed from the
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`interlocking chains depicted in the specimens of use.
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`WHEREFORE, Applicant requests that the Notice of Opposition be dismissed with prejudice.
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`Respectfully Submitted,
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`By: __/john Alumit/_________
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`John Alumit
`ALUMIT IP
`135 S. Jackson Street, Suite 200
`Glendale, CA 91205
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`Attorneys for Applicant
`Istanbul Altin Rafinerisi
`Anonim Sirketi
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`Dated as of: June 18, 2015
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`PROOF OF SERVICE
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` hereby certify that a true and complete copy of the foregoing ANSWER TO NOTICE OF
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`OPPOSITION has been served on Andrea L. Calvaruso, Esq., counsel for Opposer on June 18,
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`2015, via First Class U.S. Mail, postage prepaid to:
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`Andrea L. Calvaruso
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`KELLEY DRYE & WARREN LLP
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`101 PARK AVENUE
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`NEW YORK, NY 10178
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`_____/mike scott /__________________
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