throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA757464
`
`Filing date:
`
`07/11/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91228188
`
`Party
`
`Correspondence
`Address
`
`Defendant
`The Tiffen Company, LLC
`
`DAVID B. KIRSCHSTEIN
`KIRSCHSTEIN ISRAEL SCHIFFMILLER & PIERON
`425 FIFTH AVENUE, 5TH FLOOR
`NEW YORK, NY 10016-2223
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`dbk@kirschsteinlaw.com
`
`Answer
`
`Martin W. Schiffmiller
`
`mws@kirschsteinlaw.com
`
`/Martin W. Schiffmiller/
`
`07/11/2016
`
`Attachments
`
`TREKKER PRO ANSWER_20160711134825.pdf(669885 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL & APPEAL BOARD
`
`In the Matter of Application Serial No. 86-832,458
`For the Mark: TREKKER PRO
`
`Published in the Official Gazette on May 3, 2016
`_______________________________________________________________x
`
`Trek Bicycle Corporation,
`
`Opposer.
`
`V.
`The Tiffen Company, LLC,
`
`Applicant.
`
`Opposition No. 91228188
`
`'
`
`_____________________________________________________________ “X
`
`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION
`
`Applicant The Tiffen Company, LLC, for its Answer to the Notice of Opposition
`
`(“Opposition”), alleges as follows:
`
`1. Applicant admits the allegations set forth in paragraph 1 of the Notice of Opposition.
`
`2. Applicant admits the allegations set forth in paragraph 2 of the Notice of Opposition.
`
`3. Applicant admits the allegations set forth in paragraph 3 of the Notice of Opposition.
`
`4. Applicant denies having knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in paragraph 4 of the Notice of Opposition.
`
`5. Applicant denies having knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in paragraph 5 of the Notice of Opposition.
`
`

`
`6. Applicant denies having knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in paragraph 6 of the Notice of Opposition.
`
`7. Applicant denies having knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in paragraph 7 of the Notice of Opposition.
`
`8. Applicant denies having knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in paragraph 8 of the Notice of Opposition.
`
`9. Applicant denies having knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in paragraph 9 of the Notice of Opposition.
`
`10. Applicant denies having knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in paragraph 10 of the Notice of Opposition.
`
`11. Applicant denies having knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in paragraph 11 of the Notice of Opposition.
`
`12. Applicant admits the allegations set forth in paragraph 12 of the Notice of Opposition,
`
`but affirrnatively avers that it requires no license, consent or permission from Opposer to use the
`
`opposed mark.
`
`13. Applicant denies the allegations set forth in paragraph 13 of the Notice of Opposition.
`
`14. Applicant denies the allegations set forth in paragraph 14 of the Notice of Opposition.
`
`FIRST AFFIRMATIVE DEFENSE
`
`15. Applicant’s mark TREKKER PRO, sought to be registered in the application opposed
`
`herein, was previously the subject of U.S. Registration No. 3613502 issued April 28, 2009. That
`
`registration remained in force until it was cancelled on December 4, 2015 for failure to file a
`
`Declaration under Section 8 of the Trademark Act. Through an inadvertency, the instructions to
`
`-2-
`
`

`
`file a Combined Declaration under Sections 8 & 15 in connection with that registration were not
`
`received by Applicant’s attorneys until after the grace period for filing such document had
`
`expired. The presently opposed application was filed to replace that registration.
`
`16. The application that matured into Applicant’s prior Registration No. 3613502 for the
`
`identical mark and goods as set forth in Applicant’s presently opposed application was filed on
`
`February 12, 2008. During the prosecution of that application, not one of Opposer’s earlier
`
`TREK registrations or pending applications (including Opposer’s Reg Nos. 1168176, 1989281,
`
`1994479, 2060274, 2687012, 2742116, 2745442, 2876977, 3031210, 3042834, 3053077 or
`
`3066516) cited in the Notice of Opposition was cited by the USPTO or raised as any issue with
`
`respect to Applicant’s earlier application to register TREKKER PRO. Moreover, Opposer’s Reg.
`
`Nos. 3397739, 3516346, 3576106, 3653169, 3709688, 3789,682, 3798045, 3900734, 3900782,
`
`3979036, 4021852, 4077999, 4372869, 4599850, 4608677 4647933 and 4936375, all cited in
`
`the present Notice of Opposition, were based on applications filed by Opposer after the
`
`registration date of Applicant’s now-cancelled Reg. No. 3613502 and during the period when
`
`that registration was active - - yet Applicant’s registration for the mark TREKKER PRO was not
`
`cited by the USPTO against any of Opposer’s later applications for its TREK marks.
`
`17. The foregoing facts demonstrate that at no time did the USPTO consider Applicant’s
`
`mark TREKKER PRO as used on its goods confusingly similar to any of Opposer’s TREK marks
`
`cited in the Notice of Opposition.
`
`SECOND AFFIRMATIVE DEFENSE
`
`18. There are presently several dozen active registrations for trademarks including the
`
`words “Trek,” “Trekker” or formatives thereof for goods in International Class 9 that are E
`
`-3-
`
`

`
`owned by Opposer. These registrations coexist on the Principal Register with Opposer’s TREK
`
`registrations cited herein.
`
`The following are some illustrative examples of currently registered TREK or TREKKER
`
`marks not owned by Opposer for goods in International Class 9:
`
`Trademark
`
`TREK 11
`
`TREK
`
`TREKKER
`
`TREK
`
`TREK
`
`B._eg_._l;Ig
`
`2195343
`
`2484856
`
`3141 172
`
`325443 9
`
`33 56043
`
`TREKSERV
`
`3 777614
`
`TREKVIEW
`
`3793949
`
`TREK AND RESPECT
`
`3966335
`
`WELLTREKKER
`
`4661076
`
`TREKPAK
`
`4790987
`
`I.TREK
`
`4797650
`
`Copies of the above-listed registrations are attached hereto as Exhibit A.
`
`19. The above facts demonstrate that marks including “Trek” or formatives thereof for
`
`goods in Class 9 are not owned exclusively by Opposer; that “Trek” and formatives thereof are
`
`diluted for goods in Class 9; and that consumers would not be confused or deceived into
`
`believing that all goods in Class 9 sold under marks including “Trek” or formatives thereof
`
`originate from, or are associated with or licensed by, Opposer.
`
`-4-
`
`

`
`THIRD AFFIRMATIVE DEFENSE
`
`20. The goods identified in the application opposed herein are “monopods for cameras.”
`
`These goods are wholly unrelated to the bicycles, bicycle accessories and other goods pertaining
`
`to bicycles and bicycling sold by Opposer. None of Opposer’s registrations cited in the Notice of
`
`Opposition pertain to any goods in the photography, videography or camera fields.
`
`21, Applicant’s monopods for cameras are sold through different channels of trade to
`
`different wholesalers and retailers than are the Opposer’s TREK bicycles, bicycle accessories and
`
`related goods and are intended for purchase and use by a wholly different class of consumers than
`
`the consumers who purchase Opposer’s said goods
`
`22. There is no likelihood that prospective purchasers of Applicant’s monopods for
`
`cameras sold under the mark TREKKER PRO would be confused into believing that said
`
`monopods originate from, or are associated with or licensed by, Opposer.
`
`ELIARTI-I AFFIRMATIVE DEFENSE
`
`23. Applicant’s monopods for cameras have been sold under the trademark TREKKER
`
`PRO in U.S. commerce since October 3, 2008, as stated in the application opposed herein. In the
`
`more than seven years since Applicant’s said products were sold under its mark, there has been
`
`no instance of actual confusion in the marketplace between Applicant’s TREKKER PRO
`
`monopods for cameras and any product sold by Opposer under any of its trademarks, nor any
`
`instance of confusion between Applicant’s mark TREKKER PRO and any of Opposer’s
`
`trademarks or with Opposer itself as the potential source of Applicant’s said goods.
`
`

`
`24. This absence of any actual confusion in the marketplace is compelling evidence that
`
`there is no likelihood of confusion between Applicant’s mark TREKKER PRO as applied to its
`
`goods identified in the presently opposed application and any of Opposer’s “Trek” marks cited in
`
`the Notice of Opposition as applied to Opposer’s goods and identified in said registrations.
`
`WHEREFORE, Applicant prays that the Opposition be denied and a registration granted
`
`on Application Serial No. 86-832,458.
`
`Respectfully submitted,
`
`KIRSCHSTEIN, ISRAEL,
`
`SCHIFFMILLER & PIERONI, P.C.
`
`Attorneys for Applicant
`425 Fifth Avenue
`
`New York, New York 10016-2223
`
`(212) 697-3750
`
`By Wlartin W. Schiffmillerf
`Martin W. Schiffmiller
`
`Dated: New York, New York
`
`July 11, 2016
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing App1icant’s Answer to Notice of Opposition
`was served on Opposer by first class mail, postage prepaid, in an envelope addressed to:
`
`Mary Catherine Merz, Esq.
`Jennifer A. Widmer, Esq.
`Lisa A. Harkins, Esq.
`Merz & Associates, P.C.
`
`1010 Lake Street, Suite 400
`
`Oak Park, Illinois 60301
`
`this 11”‘ day of July, 2016.
`
`/Deborah Egan/
`Deborah A. Egan
`
`

`
`Exhibit A
`
`

`
`Int. Cls.: 6 and 9
`
`Prior U.S. Cls.: 2, 12, 13, 14, 21, 23, 25, 26, 36, 38
`and 50
`
`United States Patent and Trademark Office
`
`Reg. No. 2,195,343
`Registered Oct. 13, 1993
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`TREK II
`
`TREK II PRODUCTS, INC. (NEW JERSEY COR-
`PORATION)
`400 JERSEY AVENUE
`NEW BRUNSWICK, NJ 08901
`
`IN COMMERCE
`
`FOR: METAL FRONT STRIPS FOR ELEC-
`TRICAL ORGANS. IN CLASS 6 (U.S. CLS. 2, 12,
`13. I4, 23, 25 AND 50).
`FIRST USE 11-25-1981;
`11-25-1981.
`FOR: REPLACEMENT AND UPGRADED
`PARTS
`FOR
`ELECTRICAL
`ORGANS,
`NAMELY,
`PRE-AMPLIFIERS,
`PERCUSSION
`UNITS OOMPRISED OF CIRCUITS, CONTROL
`HEADS, NAMELY, ELECTRICAL CONTROL
`SWITCHES,
`REVERBERATION
`UNITS,
`STRING BASS UNITS COMPRISED OF CIR-
`
`TRANSFORMERS,
`TRANSPOSERS,
`CUITS,
`ELECTRICAL CI-IOKES, COMBO PRE-AMPLI-
`FIERS, CROSSOVERS, FREQUENCY CONVER-
`SION UNITS. ELECTRONIC GENERATOR
`NOTE
`REPLACEMENT
`UNITS,
`SOUND
`SWITCHES,
`TREMOLO SWITCHES AND
`ECHO/TREMOLO SWITCHES,
`IN CLASS 9
`(US. CLS. 21, 23, 26, 36 AND 38).
`FIRST USE
`0-0-1971;
`IN
`0-0-1971.
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE “II", APART FROM THE
`MARK AS SHOWN.
`
`COMMERCE
`
`SER. NO. 75-323,491, FILED 7-14-1997.
`
`CHAD O'HARA. EXAMINING ATTORNEY
`
`

`
`Int. Cls.: 7, 9, 12 and 35
`
`Prior U.S. Cls.: 13, 19, 21, 23, 26, 31, 34, 35, 36, 38, 44,
`100, I01 and 102
`
`United States Patent and Trademark Office
`
`Reg. No. 2,484,856
`Registered Sep. 4, 2001
`
`TRADEMARK
`SERVICE MARK
`PRINCIPAL REGISTER
`
`TREK
`
`INC.
`LETTS INDUSTRIES,
`PORATION)
`llll BELLVIEW AVENUE
`DETROIT, MI 482073683
`
`(MICHIGAN COR-
`
`FOR: INTERNAL COMBUSTION ENGINE PARTS
`FOR LAND VEHICLES AND WATERCRAFT,
`NAMELY, CONNECTING RODS, PUSH RODS.
`BEARINGS, LINERS, CYLINDER HEADS, HY-
`DRAULIC PUMPS, GEAR PUMPS, PRIMING
`PUMPS, OIL PUMPS, WATER PUMPS, FUEL
`TRANSFER PUMPS, PISTON PUMPS, FUEL LINES,
`VALVES. VALVE SPRINGS, PULLEYS, PISTONS,
`PRE-COMBUSTION CHAMBERS, PISTON AND
`LINER KITS COMPOSED OF ENGINE LINERS IN
`THE NATURE OF SLEEVES, PISTONS. PISTON
`RINGS. AND WRIST PINS AND USED FOR RE-
`BUILDING ENGINES; COMPONENTS FOR EX-
`HAUST SYSTEMS. NAMELY, MUFFLERS,
`EXHAUST MANIFOLDS, EXHAUST PIPES, EL-
`BOWS, CLAMPS, AND RAIN CAPS; COMPONENTS
`FOR COOLING SYSTEMS FOR ENGINES, RADIA-
`TORS, AIR COOLERS, OIL COOLERS, AFTER
`COOLERS, FANS, AND SAND SCREENS, IN CLASS
`7 (U.S. CLS. 13, I9, 21, 23, 3], 34 AND 35).
`
`FIRST USE 1-0-1980; IN COMMERCE 1-0-1980.
`
`FOR: 011. GAUGES, TEMPERATURE GAUGES,
`FUEL GAUGES, HOUR METERS. THERMOSTATS
`FOR VEHICLE ENGINES, ELECTRIC SWITCHES,
`IN CLASS 9 (us. CLS. 21, 21, 26, 36 AND as).
`
`FOR: UNDERCARRIAGE PARTS FOR CON-
`STRUCTION, LOGGING, AGRICULTURAL AND
`MINING LAND VEHICLES, NAMELY. TRACK
`LINKS, TRACK SHOES, ROLLERS,
`IDLERS,
`SPROCKETS, SPROCKET SEGMENTS, RECOIL
`SPRINGS. AXLES, RUBBER STREET PADS.
`CHAINS, ROLLERS, GROUSERS, POWERSHIFI‘
`TRANSMISSIONS, CLUTCHES, BRAKE DISCS,
`BRAKE PADS, AND PINS AND BUSHINGS, TOR-
`QUE CONVERTERS FOR LAND VEHICLES; LAND
`VEHICLE ENGINE TRANSMISSION PARTS NAME-
`LY. GEARS, FINAL GEAR DRIVES. AND POWER
`SHIFTERS, LAND VEHICLE STEERING PARTS,
`NAMELY, PINIONS, IN CLASS 12 (U.S. CLS. I9, 21,
`23, 31, 35 AND 44).
`
`FIRST USE I-0-1957; IN COMMERCE I-0-I957.
`
`FOR: DISTRIBUTORSHIP SERVICES IN THE
`FIELD OF UNDERCARRIAGE COMPONENTS
`AND REPLACEMENT PARTS FOR LAND VEHICLE
`EQUIPMENT USED IN CONSTRUCTION. MINING,
`LOGGING, AND AGRICULTURAL AND ENGINE
`REPLACEMENT PARTS FOR LAND VEHICLES
`AND MARINE VEHICLES, NAMELY, WATER-
`CRAFT, IN CLASS 35 (U.S. CLS. I00, 101 AND 102).
`
`FIRST USE I-0-I957; IN COMMERCE I-0-I957.
`
`OWNER OF U.S. REG. NO. 702.105.
`
`SER. NO. 76-044,480, FILED 5-l0-2000.
`
`FIRST USE l-0-I980; IN COMMERCE l-0-I980.
`
`KHANH LE, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 9
`
`Prior U.S. Cls.: 21, 23, 26, 36 and 38
`
`Reg. No. 3,141,172
`Registered Sep. 12, 2006
`United States Patent and Trademark Office
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`TREKKER
`
`VISUAIDE INC. (CANADA CORPORATION)
`841 BOULEVARD JEAN-PAUL VINCENT
`LONGUEUIL, QUEBEC, CANADA J4G 1R3
`
`FOR: PORTABLE DEVICE CONSISTING OF A
`POCKET COMPUTER, A GLOBAL POSITIONING
`SYSTEM RECEIVER AND SPEAKER, AND SOFT-
`WARE APPLICATIONS FEATURING DIGITAL
`MAPS; PRERECORDED CD ROMS AND DOWN-
`LOADABLE SOFTWARE FEATURING DIGITAL
`MAPS; ALL FOR PROVIDING VISUALLY IM-
`PAIRED USERS WITH REAL TIME INFORMATION
`ON THEIR CURRENT LOCATION TOGETHER
`
`WITH ITINERARIES AND INFORMATION ON
`VARIOUS PLACES, IN CLASS 9 (US. CLS. 21, 23,
`26, 36 AND 38).
`
`FIRST USE 2-17-2003; IN COMMERCE 4-15-2003.
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`SER. NO. 78-446,426, FILED 7-6-2004.
`
`MICHELE SWAIN, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 9
`
`Prior U.S. Cls.: 21, 23, 26, 36 and 38
`
`United States Patent and Trademark Office
`
`Reg. No. 3,254,439
`Registered June 26, 2007
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`TREK, INC. (NEW YORK CORPORATION)
`11601 MAPLE RIDGE ROAD
`MEDINA, NY 14103
`
`FOR: ELECTRICAL/ELECTRONIC APPARA-
`TUS—NAMELY, ELECTROSTATIC VOLTMETERS,
`POWER SUPPLIES, AMPLIFIERS, ELECFROSTATIC
`SENSORS, VOLTMETER PROBES, VOLTAGE
`MONITORS, ELECTROSTATIC CLAMPS FOR
`SEMICONDUCTORS, PLATENS FOR ELECTRO-
`
`STATIC WAFER CLAMPS, A;C; AND D;C; GEN-
`ERATORS, ELECTRIC FIELD METERS,
`ION
`MONITORS AND CHARGE MONITORS, IN CLASS
`9 (U.S. CLS. 21, 23, 26, 36 AND 38).
`
`FIRST USE 0-0-1973; IN COMMERCE 0-0-1973.
`
`SER. NO. 76-649,856, FILED 11-7-2005.
`
`JOHN DALIER, EXAMINING ATTORNEY
`
`

`
`Int. Cls.: 9 and 16
`
`Prior U.S. Cls.: 2, 5, 21, 22, 23, 26, 29, 36, 37, 38 and 50
`
`United States Patent and Trademark Office
`
`Reg. No. 3,356,043
`Registered Dec. 18,2007
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`Trek
`
`AWANA CLUBS INTERNATIONAL (ILLINOIS
`NON-PROFIT CORPORATION)
`ONE EAST BODE ROAD
`sTREAMwooD,1I_, 50107
`
`.
`
`FOR: DIGITAL MEDIA, NAMELY, CDS AND
`DVDS FEATURING CHRISTIAN RELIGIOUS CON-
`
`TENT, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
`FIRST USE 5-10-2006; IN COMMERCE 5-10-2006.
`
`FOR: PRINTED TEACHING MATERIALS IN THE
`FIELD OF CHRISTIAN RELIGIOUS EDUCATION,
`IN CLASS 15 (U.S. CLS. 2, 5, 22, 23, 29, 37, 38 AND 50).
`
`FIRST USE 5-10-2006; IN COMMERCE 5-10-2006.
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR-
`
`OWNER OF U_S_ REG, No. 3,274,997.
`
`SER. NO. 77-216,983, FILED 6-27-2007.
`
`KEVIN CORWIN» EXAMINTNG ATTORNEY
`
`

`
`“itgh %tfltl3§ [If Qmel.
`
`fiflniteh Qfiatesi fiatent ant: fllrnhemath tlfiffixe
`
`11;?
`
`TREKSERV
`
`Reg. No. 3,777,614
`
`TREKSERV, LLC (FLORIDA LIMITED LIABILITY COMPANY)
`SUIIE 240
`
`Registered Apr. 20, 2010 18167 US HIGHWAY 19 N
`CLEARWATER, FL 33629
`
`Int. Cl.: 9
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`FOR: WEB-BASED, DOWNLOADABLE SOFTWARE, NAMELY, MOBILE APPLICATIONS
`FOR DETERMINING THE GEOSPATIAL LOCATION OF MOBILE DEVICES AND TRANS-
`MI'I"I‘ING SUCH GEOSPAIIAL LOCATION INFORMATION, TOGETHER WITH OTHER
`USER-INIIIATED SIGNALS, TO WEB PORTALS FOR SHARED ANALYSIS AND USE, IN
`CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
`
`FIRST USE 3-21-2006; IN COMMERCE 8-20-2007.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SER. NO. 77-819,698, FILED 9-3-2009.
`
`D()MINIC J. FERRAIUOL0, EXAMINING ATTORNEY
`
`
`
`Dileclux ufthe Uniml Smln I'nlenl um] lhuleuuuk Ofl'|L‘¢
`
`

`
`wfinn gtatez of am“.
`flfluitch &tat2£ ifiateut anti fltrahemarh ®ffl't£
`
`TREKVIEW
`
`SHOCKWA'J‘L‘h'.. INC. (NEVADA CORP()RA‘l'JON)
`Reg, No, 3,793,949
`1111 w M()(TKlN{iHiRI‘)I.AN1-‘., surrr. msu
`,
`Reglstered May 25, 2010 DALLAs, TX 75247
`
`Int. Cl.: 9
`
`FOR: ELECTRONIC TEMPERATURE RECORDERS, IN CLASS 9 (us. CLS. 21, 23, 26, 36
`AND 38).
`
`TRADEMARK
`
`FIRST USE 4-30-2009-, IN COIVIMERCE 4-30-2009.
`
`PRINCIPAL REGISTER
`
`THE MARK CONSISTS or STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SN 77-543,656, FILED 8-] I-2008.
`
`MICHAEL KEATING, EXAMINING ATTORNEY
`
`
`
`Diledul ufthe U1\iI:L| Stules l‘:|renl uml
`
`1'1 mluuunk Dfiicn:
`
`

`
`étatez of Qmema
`wnitkfiflhlniteb fivtateas ijaatznt mm flfitaheiuarh ®ffiuz
`
`Trek and Respect
`
`Reg. No. 3,966,335
`
`Registered May 24, 2011
`
`DISCOVER NATIONAL PARKS (ALASKA SOLE PROPRIETORSHTP)
`1350 VIEWPOINTE DR
`FAIRBANKS,AK 99709
`
`Int. Cl.: 9
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`FOR: DOWNLOADABLE MULTIMEDIA FILE CONTAINING ARTWORK, TEXT, AUDIO,
`VIDEO, GAMES, AND INTERNET WEB LINKS RELATING TO’ ENGAGING YOUNG
`LEARNERS WITH INTERACTIVE EDUCATIONAL ACTIVITIES ON THE SUBJECT OF
`NATIONAL PARKS; INTERACTIVE MULTIMEDIA COMPUTER PROGRAMFOR ENGAGING
`YOUNG LEARNERS WITH INTERACTIVE EDUCATIONAL ACTIVITIES ONTHE SUBJECT
`OF NATIONAL PARKS, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
`
`FIRST USE 10-10-2010; IN COMMERCE 10-10-2010.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIIVI TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SER. NO. 85-l55,43],FILED 10-18-2010.
`
`MATTHEW PAPPAS, EXAMINING ATTORNEY
`
`
`
`Dileutur of the Unilul Stults I‘:mml and lhulrnluuk Offiua
`
`

`
`®“'tg‘g $151125 flf Qmel.»
`flklniteh fitates iflatent ant: flfiratuztnarh ®tfine
`
` WELLTREKKER
`
`PCS HjRI_iLJSON. mc. (DELAWARE CORPORATION)
`Reg. No. 4,661,076
`3771 I.{l.|Rf';K..»'\ wnv
`_
`Reglstered Dec. 23, 2014 FREDER1CK,C0 80516
`
`Int. CL: 9
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`FOR: APPLICATION SOFTWARE FOR MOBILE DEVICE PLATFORMS FOR THE MONIT-
`ORING AND CONTROL OF REMOTE SINGLE OR MULTI-WELL OIL AND GAS ASSETS,
`IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
`
`FIRST USE 5-1-2012; IN COMMERCE 5-1-2012.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SN 86-224,194, FILED 3-18-2014.
`
`SCOTT BIBB, EXAMINING ATTORNEY
`
`
`
`Deputy Director of the United States
`Patent and Trademark Office
`
`

`
`“VIBE
`
`mniteb Qtatefi fiatent ant: fltrahzntarh ®fft'ue
`
`TREKPAK
`
`Reg. No. 4,790,987
`
`Registered Aug. 11, 2015
`
`Int. Cls.: 6, 8, 9, and 18
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`Director of the United States
`Patent and Trademark Office
`
`TREKPAK LLC (COLORADO LIMITED LIABILITY COMPANY)
`SUITE G
`4920 FOX STREET
`DENVER, CO 80216
`
`FOR: COATED METAL PINS FOR CONNECTING PADDED DIVIDERS FOR USE IN BAGS,
`HARD AND SOFT SIDED CASES, RUCKSACKS, BACKPACKS, CARRYING BAGS, HAND
`BAGS, TOTE BAGS, SHOULDER BAGS, CAMERA BAGS, CASES AND LUGGAGE WITH
`ROLLING WHEELS, AND CASES AND LUGGAGE WITHOUT ROLLING WHEELS, IN
`CLASS 6 (U.S. CLS. 2, 12, 13, 14, 23, 25 AND 50).
`
`FIRST USE 5-15-2015; IN COMMERCE 5-15-2015.
`
`FOR: HAND-OPERATED CUTTING TOOLS, NAMELY, MULTI-PURPOSE CUTTER TOOL
`FOR CUTTING AND CUSTOMIZING PADDED DIVIDERS, IN CLASS 8 (U.S. CLS. 23, 28
`AND 44).
`
`FIRST USE 5-15-2015; IN COMMERCE 5-15-2015.
`
`FOR: DIVIDER SYSTEM CONSISTING PRIMARILY OF PADDED DIVIDERS AND COATED
`PINS FOR CONNECTING THE PADDED DIVIDERS SPECIALLY ADAPTED FOR CAMERA
`BAGS, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
`
`FIRST USE 5-15-2015; IN COMMERCE 5-15-2015.
`
`FOR: DIVIDER SYSTEM CONSISTING PRIMARILY OF PADDED DIVIDERS AND COATED
`PINS FOR CONNECTING THE PADDED DIVIDERS FOR USE IN BAGS, HARD AND SOFT
`SIDED CASES, RUCKSACKS, BACKPACKS, CARRYING BAGS, HAND BAGS, TOTE BAGS,
`SHOULDER BAGS, CASES AND LUGGAGE WITH ROLLING WHEELS, CASES AND
`LUGGAGE WITHOUT ROLLING WHEELS, IN CLASS 18 (U.S. CLS. 1, 2, 3, 22 AND 41).
`
`FIRST USE 5-15-2015; IN COMMERCE 5-15-2015.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SN 85-844,811, FILED 2-8-2013.
`
`

`
`Reg_ No_ 4,790,937 HOWARD B. LEVINE, EXAMINING ATTORNEY
`
`Page: 2 /RN # 4,790,987
`
`

`
`,®“!m*g fitates of Qmer,
`flniteh Qatatw ilaatent ant: Ilfitahnnarh Gfiftine
`
`I. TREK
`
`Reg_ No, 4,797,650
`
`SEMSONS ((;'M.Il"0RNIA CORPORATION)
`555 E. LIVE OAK AVE
`
`Registered Aug. 25, 2015 ARCADIA, CA 91006
`
`Int. CL: 9
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`FOR: MOUNTING DEVICES FOR MOBILE PHONES AND GLOBAL POSITIONING SYSTEMS,
`NOT INTENDED FOR USE WHILE CYCLING, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND
`38).
`
`FIRST USE 3-0-2006; IN COMMERCE 3-0-2006.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SER. NO. 86-089,716, FILED 10-11-2013.
`
`AMY HELLA, EXAMINING ATTORNEY
`
`
`
`Director of the United States
`Patent and Trademark Office

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