`
`ESTTA Tracking number:
`
`ESTTA747766
`
`Filing date:
`
`05/20/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91227423
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Heady Brewing Company
`
`ZACHARY HILLER
`ZACHARY HILLER, ATTORNEY AT LAW
`1415 NORTH LOOP W STE 1013
`HOUSTON, TX 77008-1659
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`zack@zhillerlaw.com
`
`Answer
`
`Zachary Hiller
`
`zack@zhillerlaw.com
`
`/Zachary Hiller/
`
`05/20/2016
`
`Attachments
`
`Answer.pdf(360633 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Opposition No.: 91227423
`
`
`
`)
`)
`)
`)
`)
`) Mark: HATERADE
`)
`)
`)
`)
`
`
`Stokely-Van Camp, Inc.
`
`
`
`
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`Heady Brewing Company
`d/b/a 8th Wonder Brewery, LLC,
`
`
`
`
`
`Applicant
`
`
`
`
`
`ANSWER TO NOTICE OF OPPOSITION
`
`The following is the Answer of Applicant Heady Brewing Company d/b/a 8th Wonder
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`Brewery, LLC (“Applicant”) to the Notice of Opposition filed on April 19, 2016 by Stokely-Van
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`Camp, Inc.’s (“Opposer”), and assigned Opposition No. 91227423:
`
`1. Applicant lack sufficient knowledge or information to form a belief on the truth of the
`
`allegations of Paragraph 1.
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`2. Applicant lack sufficient knowledge or information to form a belief on the truth of the
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`allegations of Paragraph 2.
`
`3. Applicant lack sufficient knowledge or information to form a belief on the truth of the
`
`allegations of Paragraph 3.
`
`4. Applicant lack sufficient knowledge or information to form a belief on the truth of the
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`allegations of Paragraph 4.
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`5. Applicant lack sufficient knowledge or information to form a belief on the truth of the
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`allegations of Paragraph 5.
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`
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`6. Opposer cited to U.S. trademark registrations the records of which are the best evidence of
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`their content; therefore, reference is hereby made to the same. Applicant denies the
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`remaining allegations in Paragraph 6.
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`7. Applicant denies the allegations in Paragraph 7.
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`8. Applicant denies the allegations in Paragraph 8.
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`9. Applicant admits that it filed an application to register the term HATERADE on November
`
`4, 2014, Serial No. 86/444,754 in connection with “beer, ale, lager, stout, porter, [and]
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`shandy” in International Class 32 and that the application was published for opposition on
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`April 19, 2016. Applicant denies the remaining allegations in Paragraph 9.
`
`10. There is no Paragraph 10 in Opposer’s Notice of Opposition. In so far as any allegations
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`were made, Applicant denies the allegations in Paragraph 10.
`
`11. Applicant denies the allegations in Paragraph 11.
`
`12. Applicant denies the allegations in Paragraph 12.
`
`13. Applicant denies the allegations in Paragraph 13.
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`14. Applicant denies the allegations in Paragraph 14.
`
`15. Applicant denies the allegations in Paragraph 15.
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`16. Applicant denies the allegations in Paragraph 16.
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`WHEREFORE, Applicant prays that the Trademark Trial and Appeal Board deny the
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`Opposition and permit registration on the principal register of Applicant’s proposed mark,
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`HATERADE, Application Serial Number 86/444,754.
`
`2
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By:___/Zachary Hiller/_________________
`Zachary Hiller
`Attorney at Law
`1415 North Loop West
`Suite 1013
`Houston, TX 77008
`(832) 830-8016
`zack@zhillerlaw.com
`
`ATTORNEY FOR APPLICANT,
`HEADY BREWING COMPANY
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing was delivered to
`
`
`Antony J. McShane
`Neal, Gerber & Eisenberg, LLP
`2 North LaSalle Street, Suite 1700
`Chicago, IL 60602
`
`
`
`
`
`
`via First Class U.S. Mail, postage prepaid on May 20, 2016.
`
`
`
`____/Zachary Hiller/_________________
`Zachary Hiller
`
`
`
`4
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