Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA799114
`02/02/2017
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Retail Royalty Company
`
`Corporation
`
`Citizenship
`
`Nevada
`
`101 Convention Center Drive
`Las Vegas, NV 89109
`UNITED STATES
`
`Kristin Garris
`KILPATRICK TOWNSEND & STOCKTON LLP
`1114 Avenue of the Americas, 21st Floor
`New York, NY 10036
`UNITED STATES
`lpearson@kilpatricktownsend.com, kgarris@kilpatricktownsend.com, agar-
`cia@ktslaw.com, tmadmin@ktslaw.com Phone:212-775-8700
`
`Applicant Information
`
`Application No
`
`87127627
`
`Publication date
`
`01/03/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`02/02/2017
`
`TRAVEN, REGI
`#5
`BELLEVUE, WA 98004
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`02/02/2017
`
`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: Caps; Coats; Dress shirts; Hats;
`Hoodedsweatshirts; Jackets; Jeans; Neckties; Polo shirts; Scarves; Shoes; Shorts; Socks; Sweat
`pants; T-shirts; Underwear; Vests
`
`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.
`
`4729314
`
`Registration Date
`
`04/28/2015
`
`Application Date
`
`01/03/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`THE REAL YOU IS SEXY
`
`
`ESTTA799114
`02/02/2017
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Retail Royalty Company
`
`Corporation
`
`Citizenship
`
`Nevada
`
`101 Convention Center Drive
`Las Vegas, NV 89109
`UNITED STATES
`
`Kristin Garris
`KILPATRICK TOWNSEND & STOCKTON LLP
`1114 Avenue of the Americas, 21st Floor
`New York, NY 10036
`UNITED STATES
`lpearson@kilpatricktownsend.com, kgarris@kilpatricktownsend.com, agar-
`cia@ktslaw.com, tmadmin@ktslaw.com Phone:212-775-8700
`
`Applicant Information
`
`Application No
`
`87127627
`
`Publication date
`
`01/03/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`02/02/2017
`
`TRAVEN, REGI
`#5
`BELLEVUE, WA 98004
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`02/02/2017
`
`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: Caps; Coats; Dress shirts; Hats;
`Hoodedsweatshirts; Jackets; Jeans; Neckties; Polo shirts; Scarves; Shoes; Shorts; Socks; Sweat
`pants; T-shirts; Underwear; Vests
`
`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.
`
`4729314
`
`Registration Date
`
`04/28/2015
`
`Application Date
`
`01/03/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`THE REAL YOU IS SEXY
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 018. First use: First Use: 2014/04/00 First Use In Commerce: 2014/04/00
`Bags, namely, tote bags
`Class 025. First use: First Use: 2014/01/17 First Use In Commerce: 2014/01/17
`Clothing, namely, bras
`Class 035. First use: First Use: 2014/01/17 First Use In Commerce: 2014/01/17
`Retail and on-line retail stores services featuring a wide variety of goods
`
`U.S. Registration
`No.
`
`4948091
`
`Registration Date
`
`04/26/2016
`
`Application Date
`
`01/03/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`THE REAL YOU IS SEXY
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2014/01/17 First Use In Commerce: 2014/01/17
`Clothing, namely, tops
`
`Attachments
`
`86976046#TMSN.png( bytes )
`86978592#TMSN.png( bytes )
`Notice of Opposition - THE REAL U.pdf(261403 bytes )
`
`Signature
`
`/Kristin Garris/
`
`Name
`
`Date
`
`Kristin Garris
`
`02/02/2017
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Serial No.: 87127627
`Mark: THE REAL U
`Filing Date: August 4, 2016
`Publication Date: January 3, 2017
`_________________________________________
`
`RETAIL ROYALTY COMPANY,
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`REGI TRAVEN,
`
`
`
`
`
`Applicant.
`
`
`
`_________________________________________
`
`
`
`
`
`
`
`
`
`
`
` Opposition No. ___________
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`Opposer Retail Royalty Company, a Nevada corporation with an address at 101
`
`
`
`Convention Center Drive Las Vegas, Nevada 89109 (“Opposer”), believes that it will be
`
`damaged by the registration of Application Serial No. 87127627 (the “Application”) and hereby
`
`opposes the Application pursuant to 15 U.S.C. § 1063.
`
`
`
`As grounds for its opposition, Opposer alleges as follows:
`
`1.
`
`Opposer, together with its affiliated companies (collectively, “AEO”), is a leading
`
`retailer offering a broad assortment of apparel and accessories for men and women under the
`
`AMERICAN EAGLE OUTFITTERS brand, and intimates, apparel and personal care products
`
`for women under the AERIE brand.
`
`Opposer’s THE REAL YOU IS SEXY Marks
`
`2.
`
`Since at least as early as January 2014, AEO has used the mark THE REAL YOU
`
`IS SEXY alone or in conjunction with other words or designs (collectively, the “THE REAL
`
`
`
`
`
`
`
`YOU IS SEXY Marks”), in connection with multiple AEO products such as bras, tops, and tote
`
`bags, as well as AEO’s retail store and online retail store services. Products and services are
`
`offered under THE REAL YOU IS SEXY Marks on AEO’s ecommerce website accessible at
`
`AE.COM and AERIE.COM, and in more than 900 AMERICAN EAGLE OUTFITTERS stores
`
`and AERIE stores across the United States. AEO’s THE REAL YOU IS SEXY Marks are used
`
`in connection with the AERIE REAL campaign as well, which focuses on body positivity and
`
`inspiring confidence in AEO’s customers and is highlighted in AEO’s commitment to not
`
`retouching its photographs or images.1
`
`3. AEO has spent substantial sums of money promoting its goods and services offered
`
`in connection with the THE REAL YOU IS SEXY Marks. Based on AEO’s use and promotion
`
`of its THE REAL YOU IS SEXY Marks for three years, AEO’s THE REAL YOU IS SEXY
`
`Marks have come to embody goodwill associated with AEO, and consumers immediately
`
`identify the THE REAL YOU IS SEXY Marks with AEO.
`
`4. In addition to the common law rights it has developed through continuous use of the
`
`THE REAL YOU IS SEXY Marks for three years, Opposer owns the following U.S. trademark
`
`registrations for the THE REAL YOU IS SEXY Marks (collectively, the “THE REAL YOU IS
`
`SEXY Registrations”):
`
`Mark
`THE REAL
`YOU IS SEXY
`
`Goods/Services
`Reg. No.
`4729314 Class 18: Bags, namely, tote bags.
`
`Filing Date Reg. Date
`January 3,
`April 28,
`2014
`2015
`
`Class 25: Clothing, namely, bras.
`
`Class 35: Retail and on-line retail
`stores services featuring a wide
`variety of goods.
`
`
`
`1 Information about AEO may be found in the annual report available at http://investors.ae.com/financials-and-
`filings/sec-filings/sec-filings-details/default.aspx?FilingId=11250338.
`
`2
`
`
`
`
`
`
`
`THE REAL
`YOU IS SEXY
`
`4948091 Class 25: Clothing, namely, tops.
`
`January 3,
`2014
`
`April 26,
`2016
`
`
`The foregoing registrations are valid and in full force and effect, and thereby constitute prima
`
`facie evidence of Opposer’s exclusive right to use the THE REAL YOU IS SEXY Marks in
`
`commerce in connection with the goods and services specified in the registrations. Pursuant to
`
`37 C.F.R. § 2.122(d)(1), printouts of information from the electronic database records of the
`
`USPTO showing the current status and title of the THE REAL YOU IS SEXY Registrations are
`
`attached hereto as Exhibit A.
`
`5.
`
`Opposer’s THE REAL YOU IS SEXY Registrations cover a variety of products,
`
`including clothing such as bras and tops in International Class 25, and tote bags in International
`
`Class 18. Opposer’s THE REAL YOU IS SEXY Registrations also cover retail store services
`
`and online retail store services in International Class 35.
`
`Applicant’s THE REAL U Mark
`
`6.
`
`Notwithstanding Opposer’s prior rights in its THE REAL YOU IS SEXY Marks
`
`and THE REAL YOU IS SEXY Registrations, Applicant Regi Traven, with an address at #5 187
`
`108TH AVE SE BELLEVUE WASHINGTON 98004 (“Applicant”), filed on August 4, 2016 an
`
`intent-to-use application (Application Serial No. 87127627) to register the THE REAL U
`
`designation (the “THE REAL U Mark”) for use in connection with the following goods in
`
`International Class 25: “Caps; Coats; Dress shirts; Hats; Hooded sweatshirts; Jackets; Jeans;
`
`Neckties; Polo shirts; Scarves; Shoes; Shorts; Socks; Sweat pants; T-shirts; Underwear; Vests.”
`
`The Application was published in the Trademark Official Gazette on January 3,
`
`2017.
`
`7.
`
`
`
`3
`
`
`
`
`
`Likelihood of Confusion
`
`8.
`
`Applicant’s THE REAL U Mark, as shown in the Application, is confusingly
`
`similar in sight, sound, and commercial impression to Opposer’s previously used THE REAL
`
`YOU IS SEXY Marks.
`
`9.
`
`The goods identified in the opposed Application are identical or closely related to
`
`the goods on which Opposer’s THE REAL YOU IS SEXY Marks are used and have previously
`
`been used.
`
`10. Applicant’s THE REAL U Mark, when used in connection with Applicant’s goods
`
`as identified in the Applications, so resembles the previously used THE REAL YOU IS SEXY
`
`Marks as to be likely to cause confusion, to cause mistake, and/or to deceive members of the
`
`public as to a sponsorship or endorsement of, or an affiliation, connection, or association with,
`
`the source of goods sold under the THE REAL YOU IS SEXY Marks in violation of Section
`
`2(d) of the Lanham Act, 15 U.S.C. § 1052(d), with consequent injury to Opposer, the public, and
`
`the trade.
`
`11. Applicant’s THE REAL U Mark, as shown in the Application, is confusingly
`
`similar in sight, sound, and commercial impression to the previously registered THE REAL
`
`YOU IS SEXY Marks as shown in the THE REAL YOU IS SEXY Registrations.
`
`12. The goods identified in the Application are identical or closely related to the goods
`
`identified in the THE REAL YOU IS SEXY Registrations.
`
`13. Applicant’s THE REAL U Mark, when used in connection with Applicant’s goods
`
`as identified in the Application, so resembles the previously registered marks shown in the THE
`
`REAL YOU IS SEXY Registrations as to be likely to cause confusion, to cause mistake, and/or
`
`to deceive members of the public as to a sponsorship or endorsement of, or an affiliation,
`
`4
`
`
`
`
`
`connection, or association with, the source of goods sold under the THE REAL YOU IS SEXY
`
`Marks, as shown in the THE REAL YOU IS SEXY Registrations, in violation of Section 2(d) of
`
`the Lanham Act, 15 U.S.C. § 1052(d), with consequent injury to Opposer, the public, and the
`
`trade.
`
`14. There is no issue as to priority. Opposer began using its THE REAL YOU IS
`
`SEXY mark in commerce at least as early as January 17, 2014, well before the August 4, 2016
`
`filing date of Applicant’s Application.
`
`15.
`
`If Applicant is granted the registration herein opposed, Applicant would thereby
`
`obtain a prima facie exclusive right to the use of the THE REAL U Mark. Such registration
`
`would be a source of damage and injury to Opposer.
`
`
`
`WHEREFORE, Opposer requests that registration of Applicant’s THE REAL U Mark, as
`
`shown in Application Serial No. 87127627, be denied pursuant to 15 U.S.C. §§ 1052(d) and
`
`1063(a).
`
`
`
`The required fee for instituting this opposition proceeding against one application in one
`
`class is being submitted herewith. If for any reason this amount is insufficient, it is requested
`
`that Kilpatrick Townsend & Stockton LLP’s Deposit Account No. 11-0855 be charged with any
`
`deficiency.
`
`
`
`Please recognize Lisa Pearson and Kristin Garris and the law firm of Kilpatrick
`
`Townsend & Stockton LLP as attorneys for Opposer in connection with this opposition
`
`proceeding. Please address all correspondence regarding this proceeding to Kristin Garris at
`
`Kilpatrick Townsend & Stockton LLP, 1114 Avenue of the Americas, 21st Floor, New York,
`
`New York 10036.
`
`5
`
`
`
`
`
`
`Dated: February 2, 2017
`
`
`
`
` Respectfully submitted,
`
`
`
`
`
`
`
`
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`/s/ Kristin Garris
`By:
`Lisa Pearson
`Kristin Garris
`1114 Avenue of the Americas, 21st Floor
`New York, New York 10036
`Telephone: (212) 775-8700
`Facsimile: (212) 775-8800
`lpearson@kilpatricktownsend.com
`kgarris@kilpatricktownsend.com
`Attorneys for Opposer Retail Royalty Company
`
`
`
`6
`
`
`
`
`
`CERTIFICATE OF TRANSMITTAL
`
`I certify that a copy of the attached NOTICE OF OPPOSITION is being filed
`
`electronically with the TTAB via ESTTA on February 2, 2017.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Kristin Garris
`Kristin Garris
`KILPATRICK TOWNSEND & STOCKTON LLP
`1114 Avenue of the Americas, 21st Floor
`New York, New York 10036
`Telephone: (212) 775-8700
`Facsimile: (212) 775-8800
`Attorney for Opposer Retail Royalty Company
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`7
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`THE REAL YOU IS SEXY
`
`RETAIL ROYALTY COMPANY (NEVADA CORPORATION)
`Reg, No, 4,729,314
`101 CONVENTION CENTER DRIVE
`_
`Registered Apr. 28, 2015 LAS VEGAS, NV 89109
`
`Int. ClS.: 18, 25, and 35 FOR: BAGS, NAMELY, TOTE BAGS, IN CLASS 18(U.S. CLS. 1, 2, 3, 22 AND 41).
`
`TRADEIVIARK
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`FIRST USE 4-0-2014; IN COMMERCE 4-0-2014.
`
`FOR: CLOTHING, NAMELY, BRAS, IN CLASS 25 (U5. CLS. 22 AND 39).
`
`FIRST USE 1-17-2014; IN COMMERCE 1-17-2014.
`
`FOR: RETAIL AND ON—LINE RETAIL STORES SERVICES FEATURING A WIDE VARIETY
`OF GOODS, IN CLASS 35 (US. CLS. 100, 101 AND 102).
`
`FIRST USE I-I7-2014; IN COMMERCE 1-I7-2014.
`
`TIIE MARK CONSISTS OF STANDARD CHARACTERS WITIIOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SN 86-976,046, FILED 1-3-2014.
`
`ELISSA GARBER RON, EXAMINING A'I"I‘ORNEY
`
`Director of the United States
`Patent and Trademark Office
`
`
`
`Status Search SN 86976046
`
`Page 1 of 5
`
`The Trademark organization is beta testing a next generation examination system. As a result, there may be instances where Office actions have
`unexpected formatting or spacing issues. The Office is working on improvements to resolve these issues and appreciates your patience. Please contact
`us at TMFeedback if you have comments or issues with the appearance of a particular Office action or its attachments.
`
`STATUS
`
`DOCUMENTS
`
`Back to Search
`
`
`Generated on: This page was generated by TSDR on 2017-02-02 15:04:49 EST
`
`Mark: THE REAL YOU IS SEXY
`
`US Serial Number: 86976046
`
`Application Filing Date: Jan. 03, 2014
`
`US Registration Number: 4729314
`
`Registration Date: Apr. 28, 2015
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`TM5 Common Status
`
`Descriptor:
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Apr. 28, 2015
`
`Publication Date: May 20, 2014
`
`Notice of Allowance Date: Jul. 15, 2014
`
`Mark Information
`
`Mark Literal Elements: THE REAL YOU IS SEXY
`
`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`Mark Drawing Type: 4 - STANDARD CHARACTER MARK
`
`http://tsdr.uspto.gov/
`
`2/2/2017
`
`
`
`Status Search SN 86976046
`
`Page 2 of 5
`
`Related Properties Information
`
`Child Of: 86157062
`
`Goods and Services
`
`Note:
`
`The following symbols indicate that the registrant/owner has amended the goods/services:
`
`(cid:149) Brackets [..] indicate deleted goods/services;
`
`(cid:149) Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`
`(cid:149) Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Bags, namely, tote bags
`
`International Class(es): 018 - Primary Class
`
`U.S Class(es): 001, 002, 003, 022, 041
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Apr. 2014
`
`For: Clothing, namely, bras
`
`Use in Commerce: Apr. 2014
`
`International Class(es): 025 - Primary Class
`
`U.S Class(es): 022, 039
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jan. 17, 2014
`
`Use in Commerce: Jan. 17, 2014
`
`For: Retail and on-line retail stores services featuring a wide variety of goods
`
`International Class(es): 035 - Primary Class
`
`U.S Class(es): 100, 101, 102
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jan. 17, 2014
`
`Use in Commerce: Jan. 17, 2014
`
`Basis Information (Case Level)
`
`http://tsdr.uspto.gov/
`
`2/2/2017
`
`
`
`Status Search SN 86976046
`
`Page 3 of 5
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended 44D: No
`
`Amended 44E: No
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Retail Royalty Company
`
`Owner Address: 101 Convention Center Drive
`
`Las Vegas, NEVADA UNITED STATES 89109
`
`Legal Entity Type: CORPORATION
`
`State or Country Where
`
`NEVADA
`
`Organized:
`
`Attorney/Correspondence Information
`
`Attorney of Record
`
`Attorney Name: Theodore R. Remaklus
`
`Docket Number: RVI-1486DV /
`
`Attorney Primary Email
`
`tremaklus@whe-law.com
`
`Attorney Email Authorized: Yes
`
`Address:
`
`Correspondent
`
`Correspondent
`
`THEODORE R. REMAKLUS
`
`Name/Address:
`
`WOOD, HERRON & EVANS, L.L.P.
`
`441 VINE STREET
`
`2700 CAREW TOWER
`
`CINCINNATI, OHIO UNITED STATES 45202-2814
`
`Phone: 513-241-2324
`
`Fax: 513-241-6234
`
`Correspondent e-mail:
`
`tremaklus@whe-law.com usptodock@whe-
`
`Correspondent e-mail
`
`Yes
`
`law.com bdrambarean@whe-law.com
`
`Authorized:
`
`http://tsdr.uspto.gov/
`
`2/2/2017
`
`
`
`Status Search SN 86976046
`
`Page 4 of 5
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`Date
`
`Apr. 28, 2015
`
`Mar. 27, 2015
`
`Mar. 26, 2015
`
`Mar. 11, 2015
`
`Jan. 14, 2015
`
`Mar. 11, 2015
`
`Jan. 14, 2015
`
`Mar. 10, 2015
`
`Jan. 14, 2015
`
`Jan. 14, 2015
`
`Jan. 14, 2015
`
`Jul. 15, 2014
`
`May 20, 2014
`
`May 20, 2014
`
`May 07, 2014
`
`May 05, 2014
`
`Apr. 30, 2014
`
`Apr. 30, 2014
`
`Apr. 14, 2014
`
`Apr. 14, 2014
`
`Mar. 20, 2014
`
`Mar. 20, 2014
`
`Mar. 20, 2014
`
`Description
`
`Proceeding Number
`
`REGISTERED-PRINCIPAL REGISTER
`
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`USE AMENDMENT FILED
`
`DIVISIONAL PROCESSING COMPLETE
`
`DIVISIONAL REQUEST RECEIVED
`
`61813
`
`61813
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`61813
`
`TEAS REQUEST TO DIVIDE RECEIVED
`
`TEAS STATEMENT OF USE RECEIVED
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
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`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`PUBLISHED FOR OPPOSITION
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`CHANGES/CORRECTIONS AFTER PUB APPROVAL ENTERED
`
`67832
`
`ASSIGNED TO PETITION STAFF
`
`TEAS POST PUBLICATION AMENDMENT RECEIVED
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`ASSIGNED TO LIE
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`EXAMINER'S AMENDMENT ENTERED
`
`NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
`
`67832
`
`1111
`
`68123
`
`68123
`
`88888
`
`6328
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`http://tsdr.uspto.gov/
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`2/2/2017
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`
`
`Status Search SN 86976046
`
`Page 5 of 5
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`Mar. 20, 2014
`
`Mar. 20, 2014
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`Mar. 17, 2014
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`Jan. 16, 2014
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`Jan. 07, 2014
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`EXAMINERS AMENDMENT E-MAILED
`
`EXAMINERS AMENDMENT -WRITTEN
`
`ASSIGNED TO EXAMINER
`
`6328
`
`73706
`
`73706
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`NEW APPLICATION ENTERED IN TRAM
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Mar. 26, 2015
`
`Assignment Abstract Of Title Information - None recorded
`
`Proceedings - None recorded
`
`http://tsdr.uspto.gov/
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`2/2/2017
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`
`
`“figb étatnzs’ Hf gm“.
`flutter: étatez ifiatent ant: fltrahemark Qfiffine
`
`THE REAL YOU IS SEXY
`
`RETAIL ROYALTY COMPANY (NEVADA CORPORATION)
`Reg, No, 4,948,091
`101 CONVENTION CENTER DRIVE
`_
`Registered Apr. 26, 2016 LASVEGAS, NV 89109
`
`Int. CL:
`
`FOR: CLOTHING, NAMELY, TOPS, IN CLASS 25 (US. CLS. 22 AND 39).
`
`TRADEIVIARK
`
`FIRST USE 1-17-2014; IN COMMERCE 1-17-2014.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`
`PRINCIPAL REGISTER
`
`TICIILAR FONT, STYLE, SI7,F., OR COLOR
`
`SN 86-978,592, FILED 1-3-2014.
`
`ELISSA GARBER KON, EXAMINING ATTORNEY
`
`Director of the United States
`Patent and Trademark Office
`
`
`
`Status Search SN 4948091
`
`Page 1 of 5
`
`The Trademark organization is beta testing a next generation examination system. As a result, there may be instances where Office actions have
`unexpected formatting or spacing issues. The Office is working on improvements to resolve these issues and appreciates your patience. Please contact
`us at TMFeedback if you have comments or issues with the appearance of a particular Office action or its attachments.
`
`STATUS
`
`DOCUMENTS
`
`Back to Search
`
`
`Generated on: This page was generated by TSDR on 2017-02-02 14:52:19 EST
`
`Mark: THE REAL YOU IS SEXY
`
`US Serial Number: 86978592
`
`Application Filing Date: Jan. 03, 2014
`
`US Registration Number: 4948091
`
`Registration Date: Apr. 26, 2016
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`
`Descriptor:
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Apr. 26, 2016
`
`Publication Date: May 20, 2014
`
`Notice of Allowance Date: Jul. 15, 2014
`
`Mark Information
`
`Mark Literal Elements: THE REAL YOU IS SEXY
`
`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`Mark Drawing Type: 4 - STANDARD CHARACTER MARK
`
`http://tsdr.uspto.gov/
`
`2/2/2017
`
`
`
`Status Search SN 4948091
`
`Page 2 of 5
`
`Related Properties Information
`
`Child Of: 86157062
`
`Goods and Services
`
`Note:
`
`The following symbols indicate that the registrant/owner has amended the goods/services:
`
`(cid:149) Brackets [..] indicate deleted goods/services;
`
`(cid:149) Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`
`(cid:149) Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Clothing, namely, tops
`
`International Class(es): 025 - Primary Class
`
`U.S Class(es): 022, 039
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jan. 17, 2014
`
`Use in Commerce: Jan. 17, 2014
`
`Basis Information (Case Level)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended 44D: No
`
`Amended 44E: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Retail Royalty Company
`
`Owner Address: 101 Convention Center Drive
`
`Las Vegas, NEVADA UNITED STATES 89109
`
`http://tsdr.uspto.gov/
`
`2/2/2017
`
`
`
`Status Search SN 4948091
`
`Page 3 of 5
`
`Legal Entity Type: CORPORATION
`
`State or Country Where
`
`NEVADA
`
`Organized:
`
`Attorney/Correspondence Information
`
`Attorney of Record
`
`Attorney Name: Theodore R. Remaklus
`
`Docket Number: RVI-1486DV2
`
`Attorney Primary Email
`
`tremaklus@whe-law.com
`
`Attorney Email Authorized: Yes
`
`Address:
`
`Correspondent
`
`Correspondent
`
`THEODORE R. REMAKLUS
`
`Name/Address:
`
`WOOD, HERRON & EVANS, L.L.P.
`
`441 VINE STREET
`
`2700 CAREW TOWER
`
`CINCINNATI, OHIO UNITED STATES 45202-2814
`
`Phone: 513-241-2324
`
`Fax: 513-241-6234
`
`Correspondent e-mail:
`
`tremaklus@whe-law.com usptodock@whe-
`
`Correspondent e-mail
`
`Yes
`
`law.com bdrambarean@whe-law.com
`
`Authorized:
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`Date
`
`Apr. 26, 2016
`
`Mar. 19, 2016
`
`Mar. 18, 2016
`
`Mar. 17, 2016
`
`Mar. 16, 2016
`
`Jan. 29, 2016
`
`Mar. 16, 2016
`
`Description
`
`Proceeding Number
`
`REGISTERED-PRINCIPAL REGISTER
`
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`USE AMENDMENT FILED
`
`EXTENSION 4 GRANTED
`
`61813
`
`61813
`
`61813
`
`http://tsdr.uspto.gov/
`
`2/2/2017
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`
`
`Status Search SN 4948091
`
`Page 4 of 5
`
`Jan. 29, 2016
`
`Mar. 16, 2016
`
`Jan. 29, 2016
`
`Jan. 29, 2016
`
`Jan. 29, 2016
`
`Jan. 29, 2016
`
`Jan. 29, 2016
`
`Jan. 21, 2016
`
`Jan. 20, 2016
`
`Dec. 16, 2015
`
`Dec. 16, 2015
`
`Jul. 25, 2015
`
`Jul. 24, 2015
`
`Jul. 08, 2015
`
`Jul. 08, 2015
`
`Mar. 12, 2015
`
`Mar. 12, 2015
`
`Mar. 11, 2015
`
`Jan. 14, 2015
`
`Mar. 11, 2015
`
`Jan. 14, 2015
`
`Mar. 10, 2015
`
`Jan. 14, 2015
`
`Jan. 14, 2015
`
`Jan. 14, 2015
`
`Jul. 15, 2014
`
`May 20, 2014
`
`EXTENSION 4 FILED
`
`61813
`
`DIVISIONAL PROCESSING COMPLETE
`
`DIVISIONAL REQUEST RECEIVED
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`TEAS REQUEST TO DIVIDE RECEIVED
`
`TEAS EXTENSION RECEIVED
`
`TEAS STATEMENT OF USE RECEIVED
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`EXTENSION 3 GRANTED
`
`EXTENSION 3 FILED
`
`TEAS EXTENSION RECEIVED
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`EXTENSION 2 GRANTED
`
`EXTENSION 2 FILED
`
`TEAS EXTENSION RECEIVED
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`CORRECTED NOA E-MAILED
`
`EXTENSION 1 GRANTED
`
`EXTENSION 1 FILED
`
`DIVISIONAL PROCESSING COMPLETE
`
`DIVISIONAL REQUEST RECEIVED
`
`61813
`
`61813
`
`61813
`
`61813
`
`61813
`
`61813
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`61813
`
`TEAS REQUEST TO DIVIDE RECEIVED
`
`TEAS EXTENSION RECEIVED
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`http://tsdr.uspto.gov/
`
`2/2/2017
`
`
`
`Status Search SN 4948091
`
`Page 5 of 5
`
`May 20, 2014
`
`May 07, 2014
`
`May 05, 2014
`
`Apr. 30, 2014
`
`Apr. 30, 2014
`
`Apr. 14, 2014
`
`Apr. 14, 2014
`
`Mar. 20, 2014
`
`Mar. 20, 2014
`
`Mar. 20, 2014
`
`Mar. 20, 2014
`
`Mar. 20, 2014
`
`Mar. 17, 2014
`
`Jan. 16, 2014
`
`Jan. 07, 2014
`
`PUBLISHED FOR OPPOSITION
`
`CHANGES/CORRECTIONS AFTER PUB APPROVAL ENTERED
`
`67832
`
`ASSIGNED TO PETITION STAFF
`
`TEAS POST PUBLICATION AMENDMENT RECEIVED
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`ASSIGNED TO LIE
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`EXAMINER'S AMENDMENT ENTERED
`
`NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
`
`EXAMINERS AMENDMENT E-MAILED
`
`EXAMINERS AMENDMENT -WRITTEN
`
`ASSIGNED TO EXAMINER
`
`67832
`
`1111
`
`68123
`
`68123
`
`88888
`
`6328
`
`6328
`
`73706
`
`73706
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`NEW APPLICATION ENTERED IN TRAM
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Mar. 18, 2016
`
`Assignment Abstract Of Title Information - None recorded
`
`Proceedings - None recorded
`
`http://tsdr.uspto.gov/
`
`2/2/2017
`
`
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