Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA752875
`06/16/2016
`
`ESTTA Tracking number:
`
`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
`
`Enterprise Holdings, Inc.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`06/19/2016
`
`600 Corporate Park Drive
`St. Louis, MO 63105
`UNITED STATES
`
`Lisabeth H. Coakley
`Harness, Dickey & Pierce, P.L.C.
`5445 Corporate Drive, Suite 200
`Troy, MI 48098
`UNITED STATES
`coakley@hdp.com, tjcomparoni@hdp.com, troymailroom@hdp.com
`Phone:(248) 641-1600
`
`Applicant Information
`
`Application No
`
`79162754
`
`Publication date
`
`12/22/2015
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`06/16/2016
`
`1241283
`
`E-Force One AG
`Obere Allmend 12
`
`SWITZERLAND
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`06/19/2016
`
`01/12/2015
`
`Goods/Services Affected by Opposition
`
`Class 012. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Vehicles, namely land vehicles; apparatus
`for locomotion by land, air or water,namely land vehicles, boats, airplanes;electric vehicles, namely
`electric landvehicles
`
`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.
`
`925251
`
`Application Date
`
`03/16/1970
`
`Registration Date
`
`12/07/1971
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`E
`
`Date
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`RETAIL AUTOMOBILE SALES SERVICES
`Class U100 (International Class 035, 036, 037, 038, 039, 040, 041, 042). First
`use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`[ AUTOMOBILE LEASING SERVICES ]
`
`U.S. Registration
`No.
`
`1045085
`
`Registration Date
`
`07/27/1976
`
`Word Mark
`
`Design Mark
`
`E
`
`Application Date
`
`10/02/1974
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 039. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`SHORT-TERM RENTAL SERVICES OF AUTOMOBILES AND TRUCKS
`
`U.S. Registration
`No.
`
`1864905
`
`Application Date
`
`12/06/1993
`
`

`

`Registration Date
`
`11/29/1994
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`E
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`[ automotive fleet management services ]
`Class 037. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`[ automotive repair services ][ and telephone installation and repair services ]
`Class 038. First use: First Use: 1988/02/01 First Use In Commerce: 1988/02/01
`[ telephone leasing services ]
`Class 039. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`rental and leasing services of automobiles and trucks
`Class 042. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`[ retail outlet services in the field of telephones, and ] automotive dealership ser-
`vices
`
`U.S. Registration
`No.
`
`1875518
`
`Registration Date
`
`01/24/1995
`
`Word Mark
`
`E
`
`Application Date
`
`12/06/1993
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`[ automotive fleet management services ]
`Class 037. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`[ automotive repair services and telephone installation and repair services ]
`Class 038. First use: First Use: 1988/02/01 First Use In Commerce: 1988/02/01
`[telephone leasing services]
`Class 039. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`rental and leasing services of automobiles and trucks
`Class 042. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`[ retail outlet services in the field of telephones, ] automotive dealership services
`
`U.S. Registration
`No.
`
`2136409
`
`Registration Date
`
`02/17/1998
`
`Application Date
`
`10/01/1990
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`E
`
`NONE
`
`Class 035. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`automobile fleet management services
`Class 037. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`[ telephone installation and repair services; ] automobile repair services
`Class 038. First use: First Use: 1988/02/01 First Use In Commerce: 1988/02/01
`[ telephone leasing services ]
`Class 039. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`short term rental services of automobiles and trucks; automobile leasing ser-
`vices
`
`

`

`Class 042. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`[ retail outlet services in the field of telephones; ] automobile dealership services
`
`U.S. Registration
`No.
`
`2255679
`
`Registration Date
`
`06/22/1999
`
`Word Mark
`
`Design Mark
`
`E
`
`Application Date
`
`06/11/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the combination ofthe colors green and black used in con-
`nection with the services set forth in the application.
`
`Class 035. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`AUTOMOBILE DEALERSHIP SERVICES
`Class 037. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`[ AUTOMOBILE REPAIR SERVICES ]
`Class 039. First use: First Use: 1967/02/15 First Use In Commerce: 1967/02/15
`VEHICLE RENTAL AND LEASING SERVICES
`
`U.S. Registration
`No.
`
`3503173
`
`Registration Date
`
`09/16/2008
`
`Word Mark
`
`Design Mark
`
`E
`
`Application Date
`
`08/23/2006
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a green and white letter "E" in a green square.
`
`Class 012. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicles, namely, automobiles, trucks, cars, land vehicles
`Class 035. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle dealership services, namely, dealerships in the field of automobiles,
`trucks, cars, land vehicles; vehicle fleet management services, namely, tracking
`and monitoring vehicles for commercial purposes, and business consultation
`services relating to the management of a fleet of vehicles for commercial pur-
`poses
`Class 036. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle fleet management services, namely, facilitating and arranging for finan-
`cing, and insurance agency services in the fields of liability, collision, and com-
`prehensive insurance of vehicles for others
`Class 037. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle repair services; vehicle fleet management services, namely, vehicle re-
`pair and maintenance
`Class 039. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle rental and leasing services; and reservation services for the rental and
`leasing of vehicles, namely, rental reservations for automobiles, trucks, cars,
`land vehicles
`
`U.S. Registration
`No.
`
`3679720
`
`Registration Date
`
`09/08/2009
`
`Word Mark
`
`Design Mark
`
`E
`
`Application Date
`
`03/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the letter "E" in green.
`
`Class 039. First use: First Use: 2007/04/30 First Use In Commerce: 2007/04/30
`vehicle rental and leasing services; and reservation services for the rental and
`leasing of vehicles
`
`U.S. Registration
`No.
`
`3766680
`
`Application Date
`
`07/24/2009
`
`

`

`Registration Date
`
`03/30/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`E
`
`Description of
`Mark
`
`Goods/Services
`
`The color white appears in the outer and inner borders of the letter "e". The color
`green appears in the background rectangle and between the white borders ofthe
`letter "e".
`
`Class 036. First use: First Use: 2008/10/01 First Use In Commerce: 2008/10/01
`financial sponsorship of sporting events and exhibitions
`
`U.S. Registration
`No.
`
`3775384
`
`Registration Date
`
`04/13/2010
`
`Word Mark
`
`E
`
`Application Date
`
`04/22/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a green and white letter "E" in a green square.
`
`Class 041. First use: First Use: 2007/01/31 First Use In Commerce: 2007/01/31
`Entertainment services, namely, participation in sporting events and exhibitions
`in professional bull-riding
`
`U.S. Registration
`No.
`
`3808480
`
`Registration Date
`
`06/22/2010
`
`Word Mark
`
`Design Mark
`
`E
`
`Application Date
`
`08/26/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the color white which appears in the outer and inner bor-
`ders of the letter "e". The color green appears in a darker shade in the bottom
`half of the rectangle and between the white borders in the bottom half of the let-
`ter "e". The color green appears in a lighter shade in the upper half of the rect-
`angle and between the white borders in the upper half of the letter "e".
`
`Class 039. First use: First Use: 2009/11/10 First Use In Commerce: 2009/11/10
`vehicle rental and leasing services andreservation services for the rental
`andleasing of vehicles
`
`U.S. Registration
`No.
`
`4054938
`
`Registration Date
`
`11/15/2011
`
`Word Mark
`
`Design Mark
`
`E
`
`Application Date
`
`09/09/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized versionof the letter "e".
`
`Class 012. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicles, namely, automobiles, trucks, cars, land vehicles
`Class 035. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle dealership services, namely, dealerships in the field of automobiles,
`trucks, cars, land vehicles; vehicle fleet management services, namely, tracking
`and monitoring vehicles for commercial purposes, and business consultation
`services relating to the management of a fleet of vehicles for commercial pur-
`poses
`Class 036. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle fleet management services, namely, facilitating and arranging for finan-
`cing, and insurance agency services in the fields of liability, collision, and com-
`prehensive insurance, of vehicles for others
`Class 037. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle repair services; vehicle fleet management services, namely, vehicle re-
`pair and maintenance
`Class 039. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle rental and leasing services; and reservation services for the rental and
`leasing of vehicles, namely, rental reservations for automobiles, trucks, cars,
`land vehicles
`
`U.S. Registration
`No.
`
`4054940
`
`Registration Date
`
`11/15/2011
`
`Application Date
`
`09/09/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`E
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized versionof the letter "E", which appears on a con-
`trasting shaded background of a rectangular-shaped carrier design.
`
`Class 012. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicles, namely, automobiles, trucks, cars, land vehicles
`Class 035. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle dealership services, namely, dealerships in the field of automobiles,
`trucks, cars, land vehicles; vehicle fleet management services, namely, tracking
`and monitoring vehicles for commercial purposes, and business consultation
`services relating to the management of a fleet of vehicles for commercial pur-
`poses
`Class 036. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle fleet management services, namely, facilitating and arranging for finan-
`cing, and insurance agency services in the fields of liability, collision, and com-
`prehensive insurance, of vehicles for others
`Class 037. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle repair services; vehicle fleet management services, namely, vehicle re-
`pair and maintenance
`Class 039. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`vehicle rental and leasing services; and reservation services for the rental and
`leasing of vehicles, namely, rental reservations for automobiles, trucks, cars,
`land vehicles
`
`U.S. Registration
`No.
`
`4119617
`
`Registration Date
`
`03/27/2012
`
`Word Mark
`
`E
`
`Application Date
`
`04/01/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a white, stylized letter "e" on a green, bulb-shaped design
`element.
`
`Class 039. First use: First Use: 2011/12/19 First Use In Commerce: 2011/12/19
`vehicle rental and leasing services, and reservation services for the rental and
`leasing of vehicles
`
`U.S. Registration
`No.
`
`4856098
`
`Registration Date
`
`11/17/2015
`
`Word Mark
`
`Design Mark
`
`E
`
`Application Date
`
`09/17/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a green and white letter "e" within a square that is shaded
`green.
`
`Class 035. First use: First Use: 2014/04/16 First Use In Commerce: 2014/04/16
`Promotional sponsorship of sporting events; promotional sponsorship of various
`other entertainment media, namely, motorvehicle racing and amusement parks
`
`U.S. Registration
`No.
`
`4856100
`
`Registration Date
`
`11/17/2015
`
`Word Mark
`
`Design Mark
`
`E
`
`Application Date
`
`09/17/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized versionof the letter "e" in white within a square
`that is shaded black.
`
`Class 035. First use: First Use: 2014/04/16 First Use In Commerce: 2014/04/16
`Promotional sponsorship of sporting events; promotional sponsorship of various
`other entertainment media, namely, motorvehicle racing and amusement parks
`
`U.S. Registration
`No.
`
`4974772
`
`Registration Date
`
`06/07/2016
`
`Word Mark
`
`E
`
`Application Date
`
`05/28/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized versionof the letter "e" within a square that is
`shaded.
`
`Class 039. First use: First Use: 2007/12/31 First Use In Commerce: 2007/12/31
`Bus transport; Transportation of passengers and/or goods by bus; Transporta-
`tionservices, namely, providing shuttle services by bus; Transportation vehicle
`rental services
`
`U.S. Registration
`No.
`
`4974774
`
`Registration Date
`
`06/07/2016
`
`Word Mark
`
`Design Mark
`
`E
`
`Application Date
`
`05/28/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a green and white letter "e" within a square that is shaded
`green.
`
`Class 039. First use: First Use: 2007/12/31 First Use In Commerce: 2007/12/31
`Bus transport; Transportation of passengers and/or goods by bus; Transporta-
`tionservices, namely, providing shuttle services by bus; Transportation vehicle
`rental services
`
`U.S. Registration
`No.
`
`4977404
`
`Registration Date
`
`06/14/2016
`
`Word Mark
`
`Design Mark
`
`E
`
`Application Date
`
`10/21/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a green and white letter "e" within a green square, and
`having an inverted green triangle below the green square.
`
`Class 039. First use: First Use: 2015/10/15 First Use In Commerce: 2015/10/15
`vehicle rental and leasing services, and reservation services for the rental and
`leasing of vehicles
`
`U.S. Registration
`No.
`
`4977405
`
`Registration Date
`
`06/14/2016
`
`Word Mark
`
`E
`
`Application Date
`
`10/21/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a green and white letter "e" within a green square having
`rounded corners.
`
`Class 039. First use: First Use: 2015/10/15 First Use In Commerce: 2015/10/15
`vehicle rental and leasing services, and reservation services for the rental and
`leasing of vehicles
`
`Attachments
`
`72354153#TMSN.png( bytes )
`73033536#TMSN.png( bytes )
`74465251#TMSN.png( bytes )
`74465260#TMSN.png( bytes )
`75500184#TMSN.png( bytes )
`78958766#TMSN.png( bytes )
`77681395#TMSN.png( bytes )
`77789321#TMSN.png( bytes )
`77454676#TMSN.png( bytes )
`77812754#TMSN.png( bytes )
`85125599#TMSN.png( bytes )
`85125611#TMSN.png( bytes )
`85283771#TMSN.png( bytes )
`86067298#TMSN.png( bytes )
`86067306#TMSN.png( bytes )
`86644510#TMSN.png( bytes )
`86644545#TMSN.png( bytes )
`86795027#TMSN.png( bytes )
`86795033#TMSN.png( bytes )
`79162754 E EFORCE and Design - Notice of Opposition 061616.PDF(2289395
`bytes )
`
`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.
`
`Certificate of Service
`
`

`

`Signature
`
`/lhc/
`
`Name
`
`Date
`
`Lisabeth H. Coakley
`
`06/16/2016
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Attorney Docket No. 5245-400499
`
`Opposition No.
`Serial No. 79/162,754
`Mark: E EFORCE & Design
`Published: December 22, 2015
`
`)
`)
`)
`)
`)
`)
`)
`
`) )
`
`Enterprise Holdings, Inc.
`Opposer,
`
`v.
`
`E-Force One AG,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Opposer, Enterprise Holdings, Inc., a Missouri corporation with a business address of 600
`
`Corporate Park Drive, St. Louis, Missouri 63105, hereby Opposes registration of the mark E
`
`EFORCE & Design that is the subject of Application Serial No. 79/162,754 in International Class
`
`12, published in the Official Gazette of December 22, 2015, and requests that registration to
`
`Applicant be refused.
`
`As grounds in support of its Opposition, Opposer asserts as follows:
`
`1.
`
`Opposer, for many years, and well prior to the filing of the subject application and
`
`long prior to any date of first use upon which Applicant may rely, has adopted and continuously used
`
`the mark “E” in whole or in part as a trademark and service mark for various transportation goods
`
`and services including but not limited to vehicles, namely, automobiles, trucks, cars, and land
`
`vehicles and the rental and leasing of vehicles and arranging for the rental and leasing of vehicles.
`
`Opposer granted its subsidiaries, licensees and affiliates operating under the name Enterprise Rent-
`
`A-Car (ERAC) an exclusive license to use Opposer’s various registered and common law marks, the
`
`registered marks being more specifically described below and by virtue of that relationship, all use
`
`206916221
`
`

`

`by ERAC of Opposer’s various registered and common law marks more specifically described below
`
`inure to the benefit of Opposer.
`
`0,925,251
`
`12/07/1971
`
`Opposer is the owner of the following United States Trademark Registrations:
`2.
`
`
`
`
`
`Class 35: Retail automobile sales services.
`
`
`
`
`
`07/27/1976
`1,045,085
`
`
`
`
`11/29/1994
`1,864,905
`
`
`Class 39: Short-term rental services of
`
`automobiles and trucks.
`
`
`Class 39: Rental and leasing services of
`automobiles and trucks.
`
`
`
`
`
`
`
`
`
`
`1,875,518
`
`
`2,136,409
`
`
`
`
`02/17/1998
`
`
`01/24/1995
`
`
`
`Class 42: Automotive dealership services.
`Class 39: Rental and leasing services of
`automobiles and trucks.
`
`Class 42: Automotive dealership services.
`Class 35: Automobile fleet management
`services.
`
`
`
`
`
`
`
`
`
`2,255,679
`
`
`
`3,503,173
`
`
`09/16/2008
`
`
`
`Class 37: Automobile repair services.
`Class 39: Short term rental services of
`
`automobiles and trucks; automobile leasing
`services.
`
`
`
`
`
`
`
`Class 42: Automobile dealership services.
`6/22/1999
`Class 35: Automobile dealership services.
`Class 39: Vehicle rental and leasing services.
`Class 12: Vehicles, namely, automobiles,
`trucks, cars, land vehicles.
`Class 35: Vehicle dealership services, namely,
`dealerships in the field of automobiles, trucks,
`cars, land vehicles; vehicle fleet management
`services, namely, tracking and monitoring
`vehicles for commercial purposes, and business
`consultation services relating to the
`management of a fleet of vehicles for
`commercial purposes.
`Class 36: Vehicle fleet management services,
`namely, facilitating and arranging for financing,
`and insurance agency services in the fields of
`liability, collision, and comprehensive insurance
`of vehicles for others.
`
`
`
`Class 37: Vehicle repair services; vehicle fleet
`management services, namely, vehicle repair
`and maintenance.
`
`20691622. 1
`
`-2-
`
`

`

`
`
`Mark
`
`1'No:-
`3679,720
`
`.
`
`"I iii-v“
`‘
`- Class/Services
`,
`.
`7
`09/08/2009 Class 39: Vehicle rental and leasing services;
`and reservation services for the rental and
`
`,,
`
`,,
`leasing of vehicles.
`03/30/2010 Class 39: Vehicle rental and leasing services;
`and reservation services for the rental and
`
`leasing of vehicles, namely, rental reservations
`for automobiles, trucks, cars, land vehicles.
`7
`04/13/2010 Class 31: Entertainment services, namely,
`participation in sporting events and exhibitions
`in professional bull-riding.
`
`
`
`06/22/2010 Class 39: Vehicle rental and leasing services
`and reservation services for the rental and
`
`
`
`
`
`3,766,680
`
`3,775,384
`
`3, 808,480
`
`4,054,938
`
`
`MIMI
`
`
`
`
`4,054,940
`
`20691622. 1
`
`
`
`
`leasin; of vehicles.
`11/15/2011 Class 12: Vehicles, namely, automobiles,
`trucks, cars, land vehicles.
`Class 35: Vehicle dealership services, namely,
`dealerships in the field of automobiles, trucks,
`cars, land vehicles; vehicle fleet management
`services, namely, tracking and monitoring
`vehicles for commercial purposes, and business
`consultation services relating to the
`management of a fleet of vehicles for
`commercial purposes.
`Class 36: Vehicle fleet management services,
`namely, facilitating and arranging for financing,
`and insurance agency services in the fields of
`liability, collision, and comprehensive
`insurance, of vehicles for others.
`Class 37: Vehicle repair services; vehicle fleet
`management services, namely, vehicle repair
`and maintenance.
`
`Class 39: Vehicle rental and leasing services;
`and reservation services for the rental and
`
`leasing of vehicles, namely, rental reservations
`for automobiles, trucks, cars, land vehicles.
`
`11/15/2011 Class 12: Vehicles, namely, automobiles,
`trucks, cars, land vehicles.
`Class 35: Vehicle dealership services, namely,
`dealerships in the field of automobiles, trucks,
`cars, land vehicles; vehicle fleet management
`services, namely, tracking and monitoring
`vehicles for commercial purposes, and business
`consultation services relating to the
`
`
`
`
`
`
`

`

`
`
`
`management of a fleet of vehicles for
`commercial purposes.
`Class 36: Vehicle fleet management services,
`namely, facilitating and arranging for financing,
`and insurance agency services in the fields of
`liability, collision, and comprehensive
`insurance, of vehicles for others.
`Class 37: Vehicle repair services; vehicle fleet
`management services, namely, vehicle repair
`and maintenance.
`
`
`
`
`
`Class 39: Vehicle rental and leasing services;
`and reservation services for the rental and
`
`leasing of vehicles, namely, rental reservations
`for automobiles, trucks, cars, land vehicles.
`
`Class 39: Vehicle rental and leasing services,
`and reservation services for the rental and
`
`leasing of vehicles.
`
`03/27/2012
`
`11/17/2015
`
`11/17/2015
`
`06/07/2016
`
`06/07/2016
`
`Class 35: Promotional sponsorship of sporting
`events; promotional sponsorship of various
`other entertainment media, namely, motor
`vehicle racin_ and amusement arks.
`
`Class 35: Promotional sponsorship of sporting
`events; promotional sponsorship of various
`other entertainment media, namely, motor
`vehicle racing and amusement parks.
`
`
`Class 39: Bus transport; Transportation of
`
`
`passengers and/or goods by bus; Transportation
`services, namely, providing shuttle services by
`
`
`bus; Trans ortation vehicle rental services.
`
`Class 39: Bus transport; Transportation of
`passengers and/or goods by bus; Transportation
`services, namely, providing shuttle services by
`bus; Trans ortation vehicle rental services.
`
`06/ 14/2016
`
`Class 39: vehicle rental and leasing services,
`and reservation services for the rental and
`
`leasing of vehicles.
`
`06/14/2016
`
`Class 39: vehicle rental and leasing services,
`and reservation services for the rental and
`
`leasing of vehicles.
`
`
`
`
`
`
`1.; 3
`
`
`4,119,617
`
`4,856,098
`
`4,856,100
`
`4,974,772
`
`4 ,,974 774
`
`4,977,404
`
`4,977,405
`
`VQ
`V
`
`
`
`
`
`
`(hereinafter referred to “Opposer’s Registered Marks” or “ERAC’s licensed Marks”). Opposer’s
`
`Registered Marks are presumptive evidence of Opposer’s exclusive right to use Opposer’s
`
`20691 622. 1
`
`-4-
`
`

`

`Registered Marks and/or to grant an exclusive license to ERAC to use the licensed Marks identified
`
`in such registrations in commerce in connection with the services so identified.
`
`3.
`
`Together, Opposer’s common law marks and Opposer’s Registered Marks comprise a
`
`valuable family of trademarks, collectively referred to herein as “Opposer’s Marks.”
`
`4.
`
`Applicant has filed the following intent-to-use application:
`
`waft-r ‘fi'w'fi =—- mil-Fr — x. r-
`h_:
`-
`‘1-
`
`land vehicles.
`
`" F
`EFOCG
`
`“I
`79/164 Cas1s12: Vehicles, ne and vecls; Fd: 01717215
`apparatus for locomotion by land, air or
`Published: 12/22/2015
`water, namely land vehicles, boats,
`airplanes; electric vehicles, namely electric
`
`(“Applicant’s Mark”).
`
`5.
`
`Applicant’s Mark so resembles Opposer’s Registered Marks so as to be likely,
`
`when applied to the services set forth in Applicant’s application, to cause confusion, mistake, or
`
`deception within the meaning of Section 2(d) of the Trademark Act.
`
`6.
`
`If Applicant’s Mark were to register, Opposer would be damaged as a result of this
`
`likely confusion.
`
`WHEREFORE, Opposer prays that this Opposition be sustained and that registration to
`
`Applicant be refirsed.
`
`The Commissioner is hereby authorized to charge Deposit Account 08-0750 in the event of
`
`insufficient fiands.
`
`20691622.]
`
`

`

`Dated: June 16, 2016
`
`Respectfully Submitted,
`
`ENTERPRISE HOLDINGS, INC.
`
`By.
`
`
`Lisabeth H. Coakley, Esq.
`HARNESS, DICKEY & PIERCE, P
`
`Suite 200, 5445 Corporate Drive
`Troy, Michigan 48098
`T: 248-641-1600
`
`F: 248-641-0270
`
`Attorneys for Opposer Enterprise Holdings, Inc.
`
`20691622.]
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Attorney Docket No. 5245-400499
`
`Opposition No.
`Serial No. 79/162,754
`Mark: E EFORCE & Design
`Published: December 22, 2015
`
`)
`)
`)
`)
`)
`)
`)
`
`) )
`
`Enterprise Holdings, Inc.
`Opposer,
`
`V.
`
`E-Force One AG
`Applicant.
`
`W
`
`I hereby certify that a true and complete copy of the foregoing Notice of Opposition has
`
`been served on Applicant E-Force One AG, by mailing said copy to the correspondent address of
`
`record with the United States Patent and Trademark Office and the Trademark Trial and Appeal
`
`Board, on June 16, 2016, via First Class Mail, postage prepaid, to:
`
`Nicholas J. Gingo
`Renner, Otto, Boisselle & Sklar
`1621 Euclid Avenue
`
`Floor 19
`
`Cleveland, OH 44115
`
`
`
`’
`
`//,,i»o
`
`Timothy J.
`
`20691622. I
`
`