Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA702338
`ESTTA Tracking number:
`10/14/2015
`
`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
`10/14/2015
`
`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, aprovencio@loeb.com
`Phone:212-407-4000
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`86270233
`10/14/2015
`
`Publication date
`Opposition Peri-
`od Ends
`
`06/16/2015
`10/14/2015
`
`PIGSKINS LLC
`815 N PATRICK ST # 209
`ALEXANDRIA, VA 22314
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Athletic apparel, namely, shirts, pants, jack-
`ets, footwear, hats and caps, athletic uniforms
`
`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
`
`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, 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 athleticuse; 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, 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 forathletic use, thigh pads for ath-
`letic use, rib protectors for athletic use, padded hand and finger protectors for
`sportor 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 ]
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4588981
`
`08/19/2014
`
`S SKINS
`
`Application Date
`
`12/28/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of an "S" logo and the word "SKINS".
`
`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, soccer balls, and
`footballs; bags specially adapted for football, lacrosse and cricket sports gear
`bags, and sports bags specially adapted for cricket equipment
`
`U.S. Application
`No.
`Registration Date
`
`86519015
`
`NONE
`
`Application Date
`
`01/30/2015
`
`Foreign Priority
`Date
`
`01/28/2015
`
`

`
`Word Mark
`Design Mark
`
`S SKINS PLUS
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "S" in a broken circle design with the terms
`SKINS and PLUS stacked in stylized letter to the right.
`Class 010. First use: First Use: 0 First Use In Commerce: 0
`Surgical and medical garments; compression garments; therapeutic compres-
`sion garments; stockings; elastic supports, including elastic supports for stabil-
`ising injured areas of the body; sports supports; supports for athletic purposes
`(other than sports articles)
`Class 018. First use: First Use: 0 First Use In Commerce: 0
`Bags, including bags of leather and imitation leather; athletic bags; beach bags;
`backpacks; handbags; hydration packs;knapsacks; luggage; purses; wallets; key
`cases; satchels; shoulder bags; sportsbags including all-purpose sports
`bags;ball bags; bottle bags; boot bags; cricket bags; duffle bags; draw-string
`bags;football bags; gear bags; gym bags; holdalls; kit bags and team bags; trav-
`elling bags; umbrellas
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Clothing, footwear, headgear; includingclothing for men, women, children and
`babies; clothing for sports including cricket, cycling, football, golf, gymnastics,
`rugby and skiing; clothing for motorists and travellers; compression clothingand
`garments; underwear including compression underwear; outerwear, overcoats,
`leisure clothing; jackets; jumpers; pullovers; sports jerseys; vests; shirts; T-
`shirts; pants; padded clothing; including padded clothing for men, women, chil-
`dren and babies; padded clothing for sport; trousers; shorts; pyjamas; dressing
`gowns; bathrobes; swimwear 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, including, compression socks and stockings; bandan-
`nas and headbands; base layer garments and clothing including base layer gar-
`ments and clothingfor sports, physical activity and swimming
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Retail, wholesale, mail order, e-commerce, sale and distribution and advisory
`services for: 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, duffle bags, draw-string bags, football bags, gear
`bags, gym bags, holdalls, kit bags and team bags, travelling bags, wallets, tex-
`tile and textile goods, bath linen, bed covers, bed sheets and bed clothes, cush-
`ioncovers, pillowcases, rugs, sheets, sleeping bags, table covers and linen, tow-
`els including sports towels, beach towels and bath towels, clothing, footwear,
`headgear, including clothing for men, women, children and babies, clothing for
`sports including cricket, cycling, football,golf, gymnastics, rugby and skiing,
`clothing for motorists and travellers, compression clothing and garments, under-
`
`

`
`wearincluding compression underwear, outerwear, overcoats, leisure clothing,
`jackets, jumpers, pullovers, sports jerseys, vests, shirts, T-shirts, pants,
`trousers,shorts, pyjamas, dressing gowns, bath robes, base layer garments in-
`cluding baselayer garments and clothing for sports,physical activity and swim-
`ming, compression clothing and garments, swimwear 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, childrenand babies;
`padded clothing for sport, sports guards including chest protectors, shin pads,
`knee pads and elbow pads, sporting articles; advertising services, marketing
`services, promotional services, sponsorship services, organising competitions
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`86519020
`
`NONE
`
`S SKINS
`
`Application Date
`
`01/30/2015
`
`Foreign Priority
`Date
`
`01/28/2015
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "S" in a broken circle design with the term
`SKINS in stylized letter to the right.
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Apparatus for data collection; data collection instruments; connecting devices for
`data collection; electronic heart rate monitors (other than for medical use); elec-
`tronic heart signal monitors (other than for medical use); electronic heart rate re-
`corders (other than for medicaluse); electronic temperature monitors, other than
`for medical use; electronic carbon dioxide monitors (other than for medical pur-
`poses); monitors; monitors (computer hardware); monitors (computer programs);
`monitors for recording events; interfaces between application programs and
`firmware on real-time computers; real-time data processing apparatus;
`sensorsfor real time data input apparatus; sensors for real time data output ap-
`paratus; computer software applications (downloadable); downloadable software
`applications (apps); measuring devices (other than for medical use); measuring
`apparatus for measuring speed; computer programs; computer software; wire-
`less apparatus including wireless communication apparatus; mobile data appar-
`atus; apparatus for analysis (other than for medical use); computer programs for
`scientific data analysis; electronic publications (downloadable); databases
`(electronic publications); apparatus for processing, reading andreceiving inform-
`ation; apparatus for the conversion of information; apparatus for transmitting in-
`formation; apparatus for recording, transmission or reproduction of sound or im-
`ages; data processing equipment; measuring apparatus and instruments; speed
`measuring apparatus; distance measuring apparatus; digital recording media in
`this class
`
`U.S. Application
`No.
`Registration Date
`
`86373769
`
`NONE
`
`Application Date
`
`08/21/2014
`
`Foreign Priority
`
`NONE
`
`

`
`Word Mark
`Design Mark
`
`S SKINS PURE SPORT
`
`Date
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "S" in a broken circle design next to the
`term "SKINS" in stylized letter stacked above the terms "PURE SPORT" in styl-
`ized letters.
`Class 010. First use: First Use: 0 First Use In Commerce: 0
`Compression stockings, compression longand short pants, compression shorts,
`namely, 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 all for use as 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 circulatory ailments and for stabilizing injuredareas of the body and for pre-
`vention ofmuscle injury; therapeutic compression garments for supporting spe-
`cific musclesor groups of muscles, namely, compression stockings, compression
`long and shortpants, compression shorts, short, half,and three-quarter length
`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, compression
`underwear; therapeutic compression garments for prevention of muscle injury;
`therapeutic compression garments, namely, compression stockings, compres-
`sion long and short pants, compression shorts, short, half, and three-
`quarterlength 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; elastic stockings for medical andtherapeutic pur-
`poses; elastic supports,namely, elastic supports for stabilizing injured areas of
`the body and for prevention of muscle injury; supports for arms, legs, torso, but-
`tocks, thighs, knees, hands, feet, shoulders, stomach, shins, calves, neck, back,
`wrists, forearms, waist for medical use
`Class 018. First use: First Use: 0 First Use In Commerce: 0
`Bags, namely, shopping 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;
`lacrosse ball bags; ski boot bags; bags specially designed to carry cricket equip-
`ment; duffle bags; draw-string bags; trolley bagsspecially adapted for football
`equipment; bags specially adapted for carrying sports equipment gear; gym
`bags; holdalls; travelling bags; umbrella
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Development of advertising marketing campaign to promote anti-corruption, anti-
`doping and anti-drugs in sport, sportsmanship and the spirit of competition for
`others; promotional sponsorship services, namely, sponsorship of sporting, edu-
`
`

`
`cation and lifestyle events; advertising and marketing services; promotional ser-
`vices for sporting, education and lifestyle events for others; retail store services,
`wholesale ordering services, mail order services, online retail store services, and
`wholesale distributorships, all featuring surgical and medical garments for sup-
`porting specific muscles or groups of muscles, for prevention of muscle injury,
`for therapeutic purposes, for thecontrol of vascular and/or circulatory ailments,
`for stabilizing injured areas of the body and for prevention of muscleinjury,
`namely, compression stockings, compression long and short pants, compres-
`sion 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, com-
`pression long and short sleeved tops, compression bibs, compression under-
`wear, 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 stabilizinginjured
`areas of the body and for prevention of muscle injury, bags, including bags of
`leather and imitation leather, athletic bags, beach bags, backpacks, handbags,
`hydration packs, knapsacks, luggage, purses, wallets, key cases, satchels,
`shoulder bags, sports bags including all-purpose sports bags; ball bags, bottle
`bags, boot bags, cricket bags, duffle bags, draw-string bags, football bags, gear
`bags, gym bags, holdalls, kit bags and team bags, travelling bags, umbrellas
`Class 041. First use: First Use: 0 First Use In Commerce: 0
`Education services, namely, conducting classes and seminars to educate con-
`sumers on the subjects of anti-corruption, anti-doping and anti-drugs in sport,
`the value of sportsmanship and the spirit of competition; organizing community
`sporting and cultural events; entertainment, namely, sporting events, providing
`information, namely, online information in thefield of sports; entertainment,
`namely,sporting and cultural activities information; organisation of sporting
`events; providing information in the field of sporting events; on-line journals,
`namely,blogs featuring information about sports people and sporting events;
`providing information relating to sports; sports training services; education ser-
`vices, namely, providing information, instructions and workshops in the field of
`sports; health education services, namely, providing information, instructions
`and workshops in the field of sports; providing information in the field of exercise
`training; providing information on physical exercise; providing online electronic
`publications and non-downloadable videos in the field of sports and physical fit-
`ness
`
`Attachments
`
`78972753#TMSN.png( bytes )
`77901530#TMSN.png( bytes )
`86519015#TMSN.png( bytes )
`86519020#TMSN.png( bytes )
`86373769#TMSN.png( bytes )
`PIGSKINS not of opposition.pdf(30286 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
`10/14/2015
`
`

`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 86270233: PIGSKINS
`Published in the Official Gazette on Jun. 16, 2015
`
`Opposition No. _______________
`
`)
`
`))
`
`))
`
`)
`)
`
`SKINS INTERNATIONAL TRADING AG,
`Opposer,
`
`v.
`
`PIGSKINS LLC,
`
`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 PIGSKINS in International Class 25 in Application Serial No.
`
`86270233, filed by PIGSKINS LLC (“Applicant”), and hereby opposes the same.
`
`As grounds for this opposition, Opposer alleges:
`
`1.
`
`Opposer has pioneered and engineered a line of athletic gear
`
`including
`
`compression clothing and apparel known as SKINS. The company offers, inter alia, SKINS
`
`compression 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. 86270233,
`
`Opposer has marketed, distributed and sold its SKINS products and services under the
`
`trademarks S SKINS, and others (collectively the “SKINS Marks”).
`
`3.
`
`Opposer owns registrations and applications for the SKINS Marks in International
`
`Classes 9, 10, 18, 25, 28, and 35 for a variety of goods, including, but not limited to, clothing,
`
`apparel and compression garments for athletic use, including shirts, pants, jackets, footwear,
`
`CH144298.1
`219297-10021
`
`

`
`hats, shorts, leggings, underwear, tights, 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 for the SKINS Marks include
`
`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 Opposer’s 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 mark PIGSKINS for “Athletic apparel, namely, shirts,
`
`pants, jackets, footwear, hats and caps, athletic uniforms” in International Class 25 (“Applicant’s
`
`Goods”) in App. Ser. No. 86270233 is without Opposer’s consent or permission.
`
`6.
`
`Opposer believes that Applicant’s proposed use of the mark PIGSKINS for
`
`Applicant’s Goods is likely to cause confusion, mistake, or deception in that consumers are
`
`likely to believe that Applicant’s Goods are Opposer’s goods or the goods of a person or
`
`company that is sponsored, authorized or licensed by, or in some other way legitimately
`
`connected with, Opposer.
`
`1.
`
`WHEREFORE, Opposer respectfully requests that this opposition be sustained
`
`and that Application Serial No. 86270233 be denied registration.
`
`2.
`
`Please debit our Deposit Account No. 502547 for the filing fee and for any
`
`additional necessary fees.
`
`3.
`
`Please address all correspondence to Tamara Carmichael, Esq., Loeb & Loeb
`
`LLP, 345 Park Avenue, New York, New York, 10154.
`
`CH144298.1
`219297-10021
`
`2
`
`

`
`Date: October 14, 2015
`
`By:
`
`LOEB & LOEB LLP
`
`/s/ Tamara F. Carmichael
`Tamara Carmichael
`345 Park Avenue
`New York, New York 10154
`Telephone: (212) 407-4000
`Facsimile: (212) 407-4990
`
`Attorneys for Opposer
`Skins International Trading AG
`
`CH144298.1
`219297-10021
`
`3
`
`

`
`CERTIFICATE OF SERVICE
`
`I, Angela Ocasio Provencio, hereby certify that a copy of
`
`this NOTICE OF
`
`OPPOSITION has been served upon Applicant at the following:
`
`MCCAULAY, PHILIP MARTIN
`815 N PATRICK ST # 209
`ALEXANDRIA, VIRGINIA 22314-1632
`
`via first class mail, postage prepaid, on October 14, 2015.
`
`/s/ Angela Provencio
`
`CH144298.1
`219297-10021
`
`4
`
`

`
`4.
`
`Exhibit A
`
`TRADEMARK
`
`REG. OR
`APP. NO.
`
`3499197
`
`REG. OR
`APP.
`DATE
`9/9/2008
`
`4588981
`
`8/19/2014
`
`86519015
`
`1/30/2015
`
`86519020
`
`1/30/2015
`
`86373769
`
`8/21/2014
`
`CH142283.1
`219297-10021
`
`CH144298.1
`219297-10021
`
`5