Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA826739
`06/13/2017
`
`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
`
`Laverana GmbH & Co. KG
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`06/14/2017
`
`Am Weingarten 4
`Wennigsen, 30974
`GERMANY
`
`Attorney informa-
`tion
`
`James L. Scott
`Warner Norcross & Judd LLP
`111 Lyon Street NW900 Fifth Third Cent
`Grand Rapids, MI 49503
`UNITED STATES
`trademarks@wnj.com
`
`Applicant Information
`
`Application No
`
`87175927
`
`Publication date
`
`02/14/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`06/13/2017
`
`Opposition Peri-
`od Ends
`
`06/14/2017
`
`Aviza Beauty Collection, LLC
`626 N Palmway
`Lake Worth, FL 33460
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 003. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Cosmetics; Hair care preparations; Skin-
`cream; Toothpaste; Anti-wrinkle creams;Cosmetic preparations for skin care; Cosmetic preparations
`for eyelashes; Cosmetic preparations for skin care; Non-medicated anti-aging serum; Non-medicated
`serums for use on skin; Non-medicated serums for use on face and body; Non-medicated serums for
`use on skin around the eyes; Non-medicated skin care preparations,namely, serums for use in the
`treatmentof sunburns; Non-medicated serums for use in the treatment of burns
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Vaginal moisturizers; Vaginal preparations,
`namely, antifungals; Vaginal washes; Medicated hair serums; Preparations for the treatment of burns;
`all the foregoing excluding herbs for medicinal purposes
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`
`ESTTA826739
`06/13/2017
`
`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
`
`Laverana GmbH & Co. KG
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`06/14/2017
`
`Am Weingarten 4
`Wennigsen, 30974
`GERMANY
`
`Attorney informa-
`tion
`
`James L. Scott
`Warner Norcross & Judd LLP
`111 Lyon Street NW900 Fifth Third Cent
`Grand Rapids, MI 49503
`UNITED STATES
`trademarks@wnj.com
`
`Applicant Information
`
`Application No
`
`87175927
`
`Publication date
`
`02/14/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`06/13/2017
`
`Opposition Peri-
`od Ends
`
`06/14/2017
`
`Aviza Beauty Collection, LLC
`626 N Palmway
`Lake Worth, FL 33460
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 003. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Cosmetics; Hair care preparations; Skin-
`cream; Toothpaste; Anti-wrinkle creams;Cosmetic preparations for skin care; Cosmetic preparations
`for eyelashes; Cosmetic preparations for skin care; Non-medicated anti-aging serum; Non-medicated
`serums for use on skin; Non-medicated serums for use on face and body; Non-medicated serums for
`use on skin around the eyes; Non-medicated skin care preparations,namely, serums for use in the
`treatmentof sunburns; Non-medicated serums for use in the treatment of burns
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Vaginal moisturizers; Vaginal preparations,
`namely, antifungals; Vaginal washes; Medicated hair serums; Preparations for the treatment of burns;
`all the foregoing excluding herbs for medicinal purposes
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`
`
`U.S. Registration
`No.
`
`2687717
`
`Registration Date
`
`02/18/2003
`
`Application Date
`
`02/22/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`LAVERA
`
`NONE
`
`Class 003. First use: First Use: 0 First Use In Commerce: 0
`COSMETICS, NAMELY, FACE CREAMS AND LOTIONS, SKIN CLEANSERS,
`PERSONAL HYGIENE PRODUCTS, NAMELY, SHOWER GELS, SHAMPOOS
`AND BODY LOTIONS, SUN SCREEN PREPARATIONS;PRODUCTS FOR BA-
`BIES' AND CHILDRENS' CARE, NAMELY, BATHING OILS, SHAMPOOS, SKIN
`OILS AND CREAMS; MEN'S CARE PRODUCTS, NAMELY, SHAVING
`CREAM, AFTER-SHAVE BALMS, SHOWER SHAMPOOS AND DEODOR-
`ANTS; HAIR LOTIONS, DENTIFRICES, [ PERFUME, FOOT CREAMS AND
`LOTIONS; FOOT CARE PRODUCTS, NAMELY, ABRASIVE DEVICES IN THE
`NATURE OF PUMICE STONES, RASPS, OR FILES FOR TREATINGCORNS
`AND CALLUSES, NON-MEDICATED POWDERS AND LIQUIDS FOR
`BATHING FEET, AND NON-ELECRIC MASSAGE DEVICES, SPECIFICALLY,
`DEVICES DESIGNED FOR MASSAGING FEET; ] DECORATIVE COSMETICS,
`NAMELY, TINTED MOISTURIZING CREAMS, MAKEUP, COMPACT FACE
`POWDERS AND ROUGES, COVER-UP STICKS, LIPSTICKS, EYE-
`DECORATING PENCILS AND MASCARA
`Class 005. First use: First Use: 0 First Use In Commerce: 0
`[ NUTRITIONAL SUPPLEMENTS AND VITAMINS ]
`
`Attachments
`
`Notice of Opposition.pdf(121766 bytes )
`
`Signature
`
`/JS/
`
`Name
`
`Date
`
`James L. Scott
`
`06/13/2017
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Re: Application Serial No. 87175927
`Published on February 14, 2017
`
`
`
`Laverana GmbH & Co. KG
`
`Opposition No.
`
`NOTICE OF OPPOSITION
`
`
`
`Opposer,
`
`
`
`
`v.
`
`Aviza Beauty Collection, LLC
`
`
`
`Applicant
`
`
`
`
`
`
`
`
`
`1.
`
`Opposer, Laverana GmbH & Co. KG, is a German limited partnership with
`
`business offices at Am Weingarten 4, Wennigsen, Germany 30974.
`
`2.
`
`Applicant, Aviza Beauty Collection, LLC, is a Florida limited liability company
`
`with an address of 626 N. Palmway, Lake Worth, Florida 33460.
`
`3.
`
`On September 19, 2017, Applicant filed U.S. Application Serial No. 87175927, to
`
`register the mark LEVAR+ in standard characters for use with the following goods in
`
`International Classes 3 and 5:
`
`Class 3:
`
`Cosmetics; Hair
`
`care preparations; Skin
`
`cream;
`
`Toothpaste; Anti-wrinkle creams; Cosmetic preparations for skin care;
`
`Cosmetic preparations for eyelashes; Cosmetic preparations for skin care;
`
`Non-medicated anti-aging serum; Non-medicated serums for use on skin;
`
`Non-medicated serums for use on face and body; Non-medicated serums
`
`for use on skin around the eyes; Non-medicated skin care preparations,
`
`15946777
`
`
`
`namely, serums for use in the treatment of sunburns; Non-medicated
`
`serums for use in the treatment of burns.
`
`Class 5:
`
`Vaginal moisturizers; Vaginal preparations, namely,
`
`antifungals; Vaginal washes; Medicated hair serums; Preparations for the
`
`treatment of burns; all the foregoing excluding herbs for medicinal
`
`purposes.
`
`4.
`
`Opposer owns U.S. Trademark Registration No. 2687717 for the mark LAVERA
`
`(“Opposer’s Registration”).
`
`5.
`
`6.
`
`7.
`
`Opposer’s Registration is valid and subsisting and in full force and effect.
`
`Opposer’s Registration is incontestable.
`
`A true and correct copy of a current printout of information from the electronic
`
`database records of the USPTO is attached hereto and shows the current status and title of
`
`Opposer’s Registration.
`
`8.
`
`Opposer has for years, and since prior to the filing date of Applicant’s application
`
`and Applicant’s first use of the mark LEVAR+, used the mark LAVERA in association with
`
`cosmetics and skin care products.
`
`9.
`
`Opposer has expended substantial resources to advertise and promote its products
`
`under the mark LAVERA.
`
`10.
`
`Opposer has used the LAVERA mark, and the relevant public recognizes the
`
`LAVERA mark as identifying goods emanating exclusively from Opposer, since before
`
`Applicant first used the mark LEVAR+ and before September 19, 2016.
`
`11.
`
`Opposer’s mark LAVERA is inherently distinctive as used in connection with
`
`Opposer’s products.
`
`15946777
`
`
`
`12.
`
`Through Opposer’s advertising and promotion of cosmetics and skincare products
`
`under the LAVERA mark, the relevant public has come to recognize the mark as signifying
`
`Opposer and its products, and Opposer has built up extensive and valuable goodwill in the mark.
`
`13.
`
`Opposer believes that it will be damaged by registration of the mark in
`
`Applicant’s application. Opposer, therefore, has standing under Lanham Act §13(a), 15 U.S.C. §
`
`1063(a), to oppose the application.
`
`14.
`
`The goods covered by Applicant’s application are highly similar to, related to, and
`
`overlap with the goods sold by Opposer under the LAVERA mark.
`
`15.
`
`There is no issue of priority. The date of the opposed application is later than
`
`Opposer’s use of the mark LAVERA in interstate commerce in the United States.
`
`16.
`
`The LEVAR+ mark in the opposed application is substantially identical in sight,
`
`sound, and meaning to Opposer’s mark LAVERA.
`
`17.
`
`Applicant’s application is not restricted by trade channel. Applicant’s products
`
`are likely to be offered to an overlapping class of purchasers through the same and similar
`
`channels of trade.
`
`18.
`
`The mark in the opposed application when used in connection with the goods
`
`identified in the application so resembles Opposer’s mark LAVERA that it is likely to cause
`
`confusion, mistake, or deception as to the origin of Applicant’s goods and to confuse, mislead,
`
`and deceive members of the public into believing that Applicant’s goods originate from, or are
`
`sponsored, approved, or licensed by Opposer, or are in some way connected to Opposer and its
`
`products.
`
`15946777
`
`
`
`19.
`
`Applicant’s use and registration of the LEVAR+ mark for the goods identified in
`
`the opposed applications is likely to cause confusion, deception, and/or mistake among the
`
`relevant public.
`
`20.
`
`Applicant’s use and registration of the LEVAR+ mark for the goods identified in
`
`the opposed applications is likely to falsely suggest a connection with Opposer and Opposer’s
`
`mark LAVERA.
`
`21.
`
`If Applicant were granted the registration herein opposed, it would thereby obtain
`
`at least a prima facie exclusive right to use the marks. The registration would be a source of
`
`damage and injury to Opposer.
`
`
`
`
`
`Opposer requests that the application be rejected and registration of the mark
`
`Respectfully submitted,
`
`LAVERANA GMBH & CO. KG
`
`By: Warner Norcross & Judd LLP
`
`______________________________
`James L. Scott
`900 Fifth Third Center
`111 Lyon Street N.W.
`Grand Rapids, MI 49503
`(616) 752-2469
`Attorneys for Opposer
`
`denied.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`15946777
`
`
`
`TSDR now includes a Post Registration Maintenance Tab. When viewing a Registered mark, users will now find a new 3rd tab providing Post Registration
`information next to the "Status" and "Document" tabs, below the search text box. The tab will not appear if the mark is not registered.
`
`STATUS
`
`DOCUMENTS
`
`MAINTENANCE
`
`Back to Search
`
`
`Generated on: This page was generated by TSDR on 20170613 13:00:29 EDT
`
`Mark: LAVERA
`
`No Image exists for this case.
`
`US Serial Number: 75646981
`
`US Registration Number: 2687717
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing Date: Feb. 22, 1999
`
`Registration Date: Feb. 18, 2003
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Jan. 24, 2013
`
`Publication Date: Mar. 05, 2002
`
`Mark Information
`
`Mark Literal Elements: LAVERA
`
`Standard Character Claim: No
`
`Mark Drawing Type: 1 TYPESET WORD(S) /LETTER(S) /NUMBER(S)
`
`Foreign Information
`
`
`
`
`
`Foreign Application Number: H55330
`
`Foreign Registration Number: 1087216
`
`Foreign
`Application/Registration
`Country:
`
`GERMANY
`
`Goods and Services
`
`Foreign Application Filing
`Date:
`
`Dec. 01, 1995
`
`Foreign Registration Date: Feb. 22, 1999
`
`Foreign Expiration Date: Dec. 31, 2005
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`For: COSMETICS, NAMELY, FACE CREAMS AND LOTIONS, SKIN CLEANSERS, PERSONAL HYGIENE PRODUCTS, NAMELY, SHOWER GELS,
`SHAMPOOS AND BODY LOTIONS, SUN SCREEN PREPARATIONS; PRODUCTS FOR BABIES' AND CHILDRENS' CARE, NAMELY, BATHING
`OILS, SHAMPOOS, SKIN OILS AND CREAMS; MEN'S CARE PRODUCTS, NAMELY, SHAVING CREAM, AFTERSHAVE BALMS, SHOWER
`SHAMPOOS AND DEODORANTS; HAIR LOTIONS, DENTIFRICES, [ PERFUME, FOOT CREAMS AND LOTIONS; FOOT CARE PRODUCTS,
`NAMELY, ABRASIVE DEVICES IN THE NATURE OF PUMICE STONES, RASPS, OR FILES FOR TREATING CORNS AND CALLUSES, NON
`MEDICATED POWDERS AND LIQUIDS FOR BATHING FEET, AND NONELECRIC MASSAGE DEVICES, SPECIFICALLY, DEVICES DESIGNED
`FOR MASSAGING FEET; ] DECORATIVE COSMETICS, NAMELY, TINTED MOISTURIZING CREAMS, MAKEUP, COMPACT FACE POWDERS
`AND ROUGES, COVERUP STICKS, LIPSTICKS, EYEDECORATING PENCILS AND MASCARA
`
`International Class(es): 003 Primary Class
`
`U.S Class(es): 001, 004, 006, 050, 051, 052
`
`Class Status: ACTIVE
`
`Basis: 44(e)
`
`For:
`
`[ NUTRITIONAL SUPPLEMENTS AND VITAMINS ]
`
`International Class(es): 005 Primary Class
`
`Class Status: SECTION 8 CANCELLED
`
`Basis: 44(e)
`
`Basis Information (Case Level)
`
`U.S Class(es): 006, 018, 044, 046, 051, 052
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Currently Use: No
`
`Currently ITU: No
`
`Currently 44D: No
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended 44D: No
`
`
`
`Filed 44D: No
`
`Filed 44E: Yes
`
`Filed 66A: No
`
`Currently 44D: No
`
`Currently 44E: Yes
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Amended 44D: No
`
`Amended 44E: No
`
`Current Owner(s) Information
`
`Owner Name: LAVERANA GMBH & CO. KG
`
`Owner Address: AM WEINGARTEN 4
`WENNIGSEN GERMANY 30974
`
`Legal Entity Type: LIMITED PARTNERSHIP
`
`Attorney/Correspondence Information
`
`Attorney of Record
`Attorney Name: Nina Shreve
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Nina Shreve
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 AVENUE OF THE AMERICAS
`NEW YORK, NEW YORK UNITED STATES 101043800
`
`Phone: 2122182100
`
`Domestic Representative
`Domestic Representative
`Name:
`
`Nina Shreve
`
`Fax: 2122182200
`
`Prosecution History
`
`State or Country Where
`Organized:
`
`GERMANY
`
`Docket Number: 01849.000007
`
`Fax: 2122182200
`
`Phone: 2122182100
`
`Date
`
`Jan. 24, 2013
`
`Jan. 24, 2013
`
`Jan. 24, 2013
`
`Description
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 MAILED
`
`REGISTERED AND RENEWED (FIRST RENEWAL 10 YRS)
`
`REGISTERED SEC. 8 (10YR) ACCEPTED/SEC. 9 GRANTED
`
`Proceeding Number
`
`68502
`
`68502
`
`
`
`Jan. 24, 2013
`
`Jan. 22, 2013
`
`Dec. 02, 2009
`
`Nov. 25, 2009
`
`Nov. 10, 2009
`
`Sep. 09, 2009
`
`Apr. 08, 2009
`
`Mar. 24, 2009
`
`Mar. 26, 2009
`
`Mar. 24, 2009
`
`Apr. 02, 2008
`
`Feb. 21, 2007
`
`Feb. 18, 2003
`
`Nov. 28, 2002
`
`Nov. 28, 2002
`
`Nov. 25, 2002
`
`May 28, 2002
`
`Mar. 05, 2002
`
`Feb. 13, 2002
`
`Nov. 15, 2001
`
`Nov. 15, 2001
`
`Oct. 10, 2001
`
`Apr. 12, 2001
`
`Sep. 07, 2000
`
`Sep. 07, 2000
`
`Aug. 16, 2000
`
`Jul. 19, 2000
`
`Jan. 20, 2000
`
`Dec. 20, 1999
`
`Jun. 21, 1999
`
`REGISTERED SEC. 8 (10YR) ACCEPTED/SEC. 9 GRANTED
`
`68502
`
`68502
`
`68502
`
`70373
`
`TEAS SECTION 8 & 9 RECEIVED
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`REGISTERED PARTIAL SEC. 8 (6YR) ACCEPTED & SEC. 15 ACK.
`
`REGISTERED SEC. 8 (6YR) & SEC. 15 FILED
`
`ASSIGNED TO PARALEGAL
`
`TEAS SECTION 8 & 15 RECEIVED
`
`CASE FILE IN TICRS
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`REGISTEREDPRINCIPAL REGISTER
`
`Sec. 1(B) CLAIM DELETED
`
`NOTICE OF ALLOWANCE CANCELLED
`
`PAPER RECEIVED
`
`NOA MAILED SOU REQUIRED FROM APPLICANT
`
`PUBLISHED FOR OPPOSITION
`
`NOTICE OF PUBLICATION
`
`APPROVED FOR PUB PRINCIPAL REGISTER
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`INQUIRY AS TO SUSPENSION MAILED
`
`LETTER OF SUSPENSION MAILED
`
`PREVIOUS ALLOWANCE COUNT WITHDRAWN
`
`APPROVED FOR PUB PRINCIPAL REGISTER
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`NONFINAL ACTION MAILED
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`NONFINAL ACTION MAILED
`
`
`
`Jun. 21, 1999
`
`Jun. 14, 1999
`
`NONFINAL ACTION MAILED
`
`ASSIGNED TO EXAMINER
`
`Maintenance Filings or Post Registration Information
`
`59228
`
`Affidavit of Continued Use: Section 8 Accepted
`
`Affidavit of Incontestability: Section 15 Accepted
`
`Renewal Date: Feb. 18, 2013
`
`Change in Registration: Yes
`
`TM Staff and Location Information
`
`TM Staff Information None
`File Location
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Jan. 24, 2013
`
`Assignment Abstract Of Title Information Click to Load
`
`Proceedings Click to Load
`
`
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