Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA838879
`08/10/2017
`
`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
`
`Guess? IP Holder L.P.
`
`limited partnership
`
`Citizenship
`
`Delaware
`
`1444 South Alameda Street
`Los Angeles, CA 90021
`UNITED STATES
`
`Michael J. MacDermott
`Lewis Roca Rothgerber Christie LLP
`P.O. Box 29001
`Glendale, CA 91209-9001
`UNITED STATES
`Email: pto@lrrc.com
`Phone: 626-795-9900
`
`Applicant Information
`
`Application No
`
`87356550
`
`Publication date
`
`07/11/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`08/10/2017
`
`Opposition Peri-
`od Ends
`
`08/10/2017
`
`Sacks, Casey
`3266 E Via Montiano Ave
`Clovis, CA 93619
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 2016/09/29 First Use In Commerce: 2016/10/07
`All goods and services in the class are opposed, namely: Maternity clothing, namely, shirts, pants,
`shorts, t-shirts, graphic t-shirts, tank tops, sweaters
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Dilution by tarnishment
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2370424
`
`Registration Date
`
`07/25/2000
`
`Word Mark
`
`GUESS
`
`Application Date
`
`02/22/1999
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1999/03/12 First Use In Commerce: 1999/03/12
`ON-LINE RETAIL STORE SERVICES, IN THE FIELD OF CLOTHING AND AC-
`CESSORIES RENDERED THROUGH A GLOBAL COMPUTER NETWORK
`
`U.S. Registration
`No.
`
`1433022
`
`Registration Date
`
`03/17/1987
`
`Application Date
`
`06/27/1986
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`GUESS
`
`NONE
`
`Class 025. First use: First Use: 1981/00/00 First Use In Commerce: 1981/00/00
`MEN'S, WOMEN'S AND CHILDREN'S CLOTHING - NAMELY, JEANS, SUITS,
`COATS, JACKETS, SHIRTS, BLOUSES, VESTS, DRESSES,
`SKIRTS,SHORTS, JUMPSUITS, OVERALLS, SWEATSHIRTS, T-SHIRTS,
`SWEATERS, TROUSERS, [STOCKINGS,] SOCKS [AND TIGHTS]
`
`U.S. Registration
`No.
`
`2077475
`
`Registration Date
`
`07/08/1997
`
`Application Date
`
`07/19/1996
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`GUESS
`
`NONE
`
`Class 014. First use: First Use: 1984/09/18 First Use In Commerce: 1984/09/18
`watches; clocks; jewelry; cuff-links; tie clips
`
`U.S. Registration
`No.
`
`4210798
`
`Registration Date
`
`09/18/2012
`
`Word Mark
`
`GUESS
`
`Application Date
`
`01/12/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`DECORATIVE AND PROTECTIVE COVERS AND CASES FOR PORTABLE
`ELECTRONIC DEVICES, NAMELY, PERSONAL ELECTRONIC DEVICES,
`CELL PHONES, MOBILE PHONES, TELEPHONES, COMPUTERS, LAPTOP
`COMPUTERS, TABLET COMPUTERS,NOTEBOOK COMPUTERS, MP3
`PLAYERS, PORTABLE MUSIC PLAYERS, PERSONAL DIGITAL ASSIST-
`ANTS, ELECTRONIC READING DEVICES, DIGITAL CAMERAS, AND CAM-
`ERAS; EYEWEAR
`
`U.S. Registration
`No.
`
`1765883
`
`Registration Date
`
`04/20/1993
`
`Application Date
`
`03/25/1991
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`GUESS
`
`NONE
`
`Class 018. First use: First Use: 1988/10/09 First Use In Commerce: 1988/10/09
`backpacks, briefcases, tote bags, book bags, travel bags, duffel bags and cloth-
`shopping bags
`Class 025. First use: First Use: 1981/11/00 First Use In Commerce: 1981/11/00
`apparel
`Class 042. First use: First Use: 1989/08/01 First Use In Commerce: 1989/08/01
`retail store services specializing in the sale of apparel and accessories
`
`U.S. Registration
`No.
`
`1299580
`
`Registration Date
`
`10/09/1984
`
`Word Mark
`
`GUESS?
`
`Application Date
`
`09/30/1982
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 024. First use: First Use: 1982/09/25 First Use In Commerce: 1982/09/25
`Towels
`Class 025. First use: First Use: 1981/11/00 First Use In Commerce: 1981/11/00
`Men's, and Women's Pants, Jumpsuits, Jackets, Vests, Shirts and Shorts; Wo-
`men'sBlouses, Skirts and Dresses; Boy's and Girl's Pants, Jumpsuits, Vests,
`Jackets and Shirts; and Girl's Blouses and Dresses
`
`U.S. Registration
`No.
`
`1271896
`
`Registration Date
`
`03/27/1984
`
`Word Mark
`
`GUESS ?
`
`Application Date
`
`06/14/1982
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`The mark consists of the term Guess ? inscribed within an inverted triangle.
`
`Class 025. First use: First Use: 1981/11/00 First Use In Commerce: 1981/11/00
`MEN'S AND WOMEN'S PANTS AND JUMPSUITS, AND WOMEN'S BLOUSES,
`SKIRTS, SHORTS, VESTS, JACKETS AND DRESSES
`
`75645430#TMSN.png( bytes )
`85216171#TMSN.png( bytes )
`73396208#TMSN.png( bytes )
`73369608#TMSN.png( bytes )
`Notice of Opposition.pdf(1407950 bytes )
`
`Signature
`
`/Michael J. MacDermott/
`
`Name
`
`Date
`
`Michael J. MacDermott
`
`08/10/2017
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TRADEMARK
`Docket No. 405063-00001
`
`In the matter of trademark application Serial No. 87/356,550
`For the mark GUESS WHAT?
`
`Published in the Trademark ztlifecaOGOfficial Gazette on July 11, 2017
`
`Guess? IP Holder L.P.
`
`Opposition No.
`
`Opposer,
`
`v.
`
`Casey Sacks
`
`NOTICE OF OPPOSITION
`
`Applicant.
`
`Opposer Guess? IP Holder L.P., a Delaware limited partnership, whose address is 1444
`
`South Alameda Street, Los Angeles, California 90021, believes that it will be damaged by
`
`registration of the mark GUESS WHAT? shown in application Serial No. 87/356,550 in
`
`International Class 25 and hereby opposes the same.
`
`As grounds for opposition, Opposer alleges that:
`
`1.
`
`Opposer, through its predecessors and related companies (hereinafter collectively
`
`"Opposer"), has been and is now engaged in the marketing, manufacture and sale of a wide
`
`variety of consumer products and the retailing of same.
`
`2.
`
`Since prior to Applicant's priority date, Opposer has continuously and extensively
`
`used in commerce the trade name and mark GUESS, alone and in combination with other terms
`
`and designs (hereinafter the "GUESS Trade Name and Marks"), in connection with the
`
`marketing, manufacture and sale of a variety of consumer products and services including
`
`apparel, jewelry, watches, leather goods, eyewear, fragrances, stationery, bags, magazines, retail
`
`-1-
`
`

`

`Docket No. 405063-00001
`
`store services, charitable fundraising services and e-commerce. Since prior to Applicant's
`
`priority date, Opposer has continuously used the GUESS Trade Name and Marks in connection
`
`with marketing in print and electronic media, including social media, for the promotion and sale
`
`of a broad range of consumer products.
`
`3.
`
`Opposer Guess? IP Holder L.P. is the owner of U.S. Registration No. 2370424,
`
`issued July 25, 2000 on the Principal Register of the mark GUESS for services in Class 35,
`
`including on-line retail store services, in the field of clothing and accessories rendered through a
`
`global computer network. Said registration is valid and subsisting and has become incontestable
`
`under the provisions of Section 15 of the Trademark Act. Attached hereto as Exhibit 1, and
`
`made of record herein, is a current printout of information from the electronic database records
`
`of the United States Patent and Trademark Office showing the current status and title of the
`
`registration.
`
`4.
`
`Opposer Guess? IP Holder L.P. is the owner of U.S. Registration No. 1433022,
`
`issued March 17, 1987 on the Principal Register of the mark GUESS for goods in Class 25,
`
`including men's, women's and children's clothing, namely, jeans, suits, coats, jackets, shirts,
`
`blouses, vests, dresses, skirts, shorts, jumpsuits, overalls, sweatshirts, t-shirts, sweaters, trousers
`
`and socks. Said registration is valid and subsisting and has become incontestable under the
`
`provisions of Section 15 of the Trademark Act. Attached hereto as Exhibit 2, and made of
`
`record herein, is a current printout of information from the electronic database records of the
`
`United States Patent and Trademark Office showing the current status and title of the
`
`registration.
`
`5.
`
`'Opposer Guess? IP Holder L.P. is the owner of U.S. Registration No. 2077475,
`
`issued July 8, 1997 on the Principal Register of the mark GUESS for goods in Class 14,
`
`including watches; clocks; jewelry; cuff-links; tie clips. Said registration is valid and subsisting
`
`and has become incontestable under the provisions of Section 15 of the Trademark Act.
`
`Attached hereto as Exhibit 3, and made of record herein, is a current printout of information from
`
`-2-
`
`

`

`Docket No. 405063-00001
`
`the electronic database records of the United States Patent and Trademark Office showing the
`
`current status and title of the registration.
`
`6.
`
`Opposer Guess? IP Holder L.P. is the owner of U.S. Registration No. 4210798,
`
`issued September 18, 2012 on the Principal Register of the mark GUESS for goods in Class 9,
`
`including decorative and protective covers and cases for portable electronic devices such as cell
`
`phones, mobile phones, and computers. Said registration is valid and subsisting. Attached
`
`hereto as Exhibit 4, and made of record herein, is a current printout of information from the
`
`electronic database records of the United States Patent and Trademark Office showing the
`
`current status and title of the registration.
`
`7.
`
`Opposer Guess? IP Holder L.P. is the owner of U.S. Registration No. 1765883,
`
`issued January 12, 1999 on the Principal Register of the mark GUESS for goods and services in
`
`Classes 18, 25 and 42. Said registration is valid and subsisting and has become incontestable
`
`under the provisions of Section 15 of the Trademark Act. Attached hereto as Exhibit 5, and
`
`made of record herein, is a current printout of information from the electronic database records
`
`of the United States Patent and Trademark Office showing the current status and title of the
`
`registration.
`
`8.
`
`Opposer Guess? IP Holder L.P. is the owner of U.S. Registration No. 1299580,
`
`issued October 9, 1984 on the Principal Register of the mark GUESS? (Stylized) for goods in
`
`Class 25. Said registration is valid and subsisting and has become incontestable under the
`
`provisions of Section 15 of the Trademark Act. Attached hereto as Exhibit 6, and made of
`
`record herein, is a current printout of information from the electronic database records of the
`
`United States Patent and Trademark Office showing the current status and title of the
`
`registration.
`
`9.
`
`Opposer Guess? IP Holder L.P. is the owner of U.S. Registration No. 1271896,
`
`issued March 27, 1984 on the Principal Register of the mark GUESS? and Triangle Design for
`
`goods in Class 25. Said registration is valid and subsisting and has become incontestable under
`
`-3-
`
`

`

`Docket No. 405063-00001
`
`the provisions of Section 15 of the Trademark Act. Attached hereto as Exhibit 7, and made of
`
`record herein, is a current printout of information from the electronic database records of the
`
`United States Patent and Trademark Office showing the current status and title of the
`
`registration.
`
`10.
`
`Through the widespread use and advertising of its GUESS Trade Name and
`
`Marks over a long period of time and by virtue of the quality of goods sold and services rendered
`
`in connection with the GUESS Trade Name and Marks, Opposer has built up a valuable goodwill
`
`and reputation in connection with the GUESS Trade Name and Marks, which would be
`
`jeopardized by Applicant's use and registration of the mark GUESS WHAT?.
`
`11.
`
`Applicant's goods for which it seeks to register the mark GUESS WHAT? are
`
`closely related to the goods and services distributed, sold and rendered by Opposer under the
`
`GUESS Trade Name and Marks.
`
`12.
`
`Applicant's mark GUESS WHAT? so resembles Opposer's GUESS Trade Name
`
`and Marks, previously used in commerce and/or registered by Opposer and not abandoned, as to
`
`be likely, when applied to the goods of Applicant, to cause confusion or to cause mistake or to
`
`deceive.
`
`Dilution
`
`13.
`
`Opposer re-alleges and incorporates by reference paragraphs 1 through 12,
`
`inclusive.
`
`14.
`
`Opposer has extensively used and marketed the GUESS Trade Name and Marks,
`
`and as a result, the GUESS Trade Name and Marks have achieved extensive recognition and are
`
`famous in the United States.
`
`15.
`
`Applicant's GUESS WHAT? mark indicates a likelihood of dilution by blurring
`
`by impairing the distinctiveness of Opposer's famous GUESS Trade Name and Marks, thereby
`
`causing irreparable injury and damage to Opposer.
`
`-4-
`
`

`

`Docket No. 405063-00001
`
`16.
`
`If Applicant's application is allowed to proceed to registration, dilution, damage,
`
`and/or other injury to Opposer will occur.
`
`WHEREFORE, Opposer prays that this opposition be sustained and that registration of
`
`Application Serial No. 87/356,550 be refused.
`
`Respectfully submitted,
`
`LEWIS ROCA ROTHGERBER CHRISTIE LLP
`
`Date: August 10, 2017
`
`Bv
`
`MM 102050635.1-*-08/09/2017 5:41 PM
`
`Michael MacDermott
`Attorneys for Opposer
`P.O. Box 29001
`Glendale, California 91209-9001
`626/795-9900
`
`-5-
`
`

`

`EXHIBIT 1
`EXHIBIT 1
`
`

`

`Trademark Electronic Search System (TESS)
`
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`United States Patent and Trademark Office
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`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
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`return to TESS)
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`
`Word Mark
`
`Goods and
`Services
`
`GUESS
`
`IC 035. US 100 101 102. G & S: ON-LINE RETAIL STORE SERVICES, IN THE FIELD OF
`CLOTHING AND ACCESSORIES RENDERED THROUGH A GLOBAL COMPUTER NETWORK.
`FIRST USE: 19990312. FIRST USE IN COMMERCE: 19990312
`
`Mark Drawing
`Code
`
`(1) TYPED DRAWING
`
`Serial Number
`
`75645430
`
`Filing Date
`
`February 22, 1999
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`1A
`
`1B
`
`May 2, 2000
`
`2370424
`
`July 25, 2000
`
`(REGISTRANT) Guess?, Inc. CORPORATION DELAWARE 1444 S. Alameda Street Los
`Angeles CALIFORNIA 90021
`
`(LAST LISTED OWNER) GUESS? IP HOLDER L.P. LIMITED PARTNERSHIP DELAWARE 1444
`South Alameda Street LOS ANGELES CALIFORNIA 90021
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`ASSIGNMENT RECORDED
`
`MICHAEL J MACDERMOTT
`
`Type of Mark
`
`SERVICE MARK
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:vno6y4.3.1
`
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`

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`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100719.
`
`Renewal
`
`Live/Dead
`Indicator
`
`1ST RENEWAL 20100719
`
`LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:vno6y4.3.1
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`

`EXHIBIT 2
`EXHIBIT 2
`
`

`

`Trademark Electronic Search System (TESS)
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`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
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`Trademarks > Trademark Electronic Search System (TESS)
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`TESS was last updated on Wed Aug 9 05:00:48 EDT 2017
`
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`
`Word Mark
`
`GUESS
`
`( Use the "Back" button of the Internet Browser to
`
`Goods and
`Services
`
`IC 025. US 022 039. G & S: MEN'S, WOMEN'S AND CHILDREN'S CLOTHING - NAMELY,
`JEANS, SUITS, COATS, JACKETS, SHIRTS, BLOUSES, VESTS, DRESSES, SKIRTS, SHORTS,
`JUMPSUITS, OVERALLS, SWEATSHIRTS, T-SHIRTS, SWEATERS, TROUSERS,
`[STOCKINGS,] SOCKS [AND TIGHTS]. FIRST USE: 19810000. FIRST USE IN COMMERCE:
`19810000
`
`Mark Drawing
`Code
`
`(1) TYPED DRAWING
`
`Serial Number 73606665
`
`Filing Date
`
`June 27, 1986
`
`Current Basis 1A
`
`Original Filing
`Basis
`
`1A
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Prior
`Registrations
`
`December 23, 1986
`
`1433022
`
`March 17, 1987
`
`(REGISTRANT) GUESS ?, INC. CORPORATION CALIFORNIA 1444 SOUTH ALAMEDA STREET
`LOS ANGELES CALIFORNIA 90021
`
`(LAST LISTED OWNER) GUESS? IP HOLDER, L.P. GUESS? LICENSING, INC. A GENERAL
`PARTNER LIMITED PARTNERSHIP DELAWARE 1444 S. ALAMEDA ST. LOS ANGELES
`CALIFORNIA 90021
`
`ASSIGNMENT RECORDED
`
`MICHAEL J. MACDERMOTT
`
`0849861;1271896;1299580;1352913;1404671;AND OTHERS
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
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`

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`Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20070402.
`
`Renewal
`
`Live/Dead
`Indicator
`
`1ST RENEWAL 20070402
`
`LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4803:jvqpz5.4.1
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`

`EXHIBIT 3
`EXHIBIT 3
`
`

`

`Trademark Electronic Search System (TESS)
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`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
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`TESS was last updated on Wed Aug 9 05:00:48 EDT 2017
`
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`
`Word Mark
`
`Goods and
`Services
`
`Mark Drawing
`Code
`
`GUESS
`
`IC 014. US 002 027 028 050. G & S: watches; clocks; jewelry; cuff-links; tie clips. FIRST USE:
`19840918. FIRST USE IN COMMERCE: 19840918
`
`(1) TYPED DRAWING
`
`Serial Number
`
`75136597
`
`Filing Date
`
`July 19, 1996
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`1A
`
`1A
`
`April 15, 1997
`
`2077475
`
`Registration Date July 8, 1997
`
`Owner
`
`(REGISTRANT) Guess?, Inc. CORPORATION DELAWARE 1444 South Alameda Street Los
`Angeles CALIFORNIA 90021
`
`(LAST LISTED OWNER) GUESS? IP HOLDER L.P. Composed of GUESS? Licensing, Inc., a
`Delaware Corporation LIMITED PARTNERSHIP DELAWARE 1444 S ALAMEDA STREET LOS
`ANGELES CALIFORNIA 90021
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Prior
`Registrations
`
`ASSIGNMENT RECORDED
`
`MICHAEL J MACDERMOTT
`
`1427405;1465363
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 8 (6-YR). SECTION 8(10-YR) 20170607.
`
`Renewal
`
`2ND RENEWAL 20170607
`
`LIVE
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4803:jvqpz5.3.1
`
`8/9/2017
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`Trademark Electronic Search System (TESS)
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`

`EXHIBIT 4
`EXHIBIT 4
`
`

`

`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
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`Trademarks > Trademark Electronic Search System (TESS)
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`TESS was last updated on Wed Aug 9 05:00:48 EDT 2017
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`Record 1 out of 1
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`return to TESS)
`
`Word Mark
`
`GUESS
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`IC 009. US 021 023 026 036 038. G & S: DECORATIVE AND PROTECTIVE COVERS AND
`CASES FOR PORTABLE ELECTRONIC DEVICES, NAMELY, PERSONAL ELECTRONIC
`DEVICES, CELL PHONES, MOBILE PHONES, TELEPHONES, COMPUTERS, LAPTOP
`COMPUTERS, TABLET COMPUTERS, NOTEBOOK COMPUTERS, MP3 PLAYERS,
`PORTABLE MUSIC PLAYERS, PERSONAL DIGITAL ASSISTANTS, ELECTRONIC READING
`DEVICES, DIGITAL CAMERAS, AND CAMERAS; EYEWEAR. FIRST USE: 19840000. FIRST
`USE IN COMMERCE: 19840000
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number 85216171
`
`Filing Date
`
`January 12, 2011
`
`Current Basis
`
`1A
`
`Original Filing
`Basis
`
`1B
`
`Published for
`Opposition
`
`Registration
`Number
`
`International
`Registration
`Number
`
`Registration
`Date
`
`May 24, 2011
`
`4210798
`
`1086568; 1086568A; 1086568B; 1086568C
`
`September 18, 2012
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:vno6y4.2.1
`
`8/9/2017
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`

`

`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`Owner
`
`(REGISTRANT) Guess? IP Holder L.P. Guess? Licensing, Inc., a Delaware corporation LIMITED
`PARTNERSHIP DELAWARE 1444 South Alameda Street Los Angeles CALIFORNIA 90021
`
`Attorney of
`Record
`
`Prior
`Registrations
`
`Michael J. MacDermott
`
`1704002;2308468;3573181;AND OTHERS
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
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`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:vno6y4.2.1
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`8/9/2017
`
`

`

`EXHIBIT 5
`EXHIBIT 5
`
`

`

`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Aug 9 05:00:48 EDT 2017
`
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`
`return to TESS)
`
`Word Mark
`
`Goods and
`Services
`
`GUESS
`
`IC 018. US 003. G & S: backpacks, briefcases, tote bags, book bags, travel bags, duffel bags
`and cloth shopping bags. FIRST USE: 19881009. FIRST USE IN COMMERCE: 19881009
`
`IC 025. US 039. G & S: apparel. FIRST USE: 19811100. FIRST USE IN COMMERCE:
`19811100
`
`IC 042. US 101. G & S: retail store services specializing in the sale of apparel and accessories.
`FIRST USE: 19890801. FIRST USE IN COMMERCE: 19890801
`
`Mark Drawing
`Code
`
`(1) TYPED DRAWING
`
`Serial Number
`
`74150529
`
`Filing Date
`
`March 25, 1991
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`1A
`
`1A
`
`January 26, 1993
`
`1765883
`
`Registration Date April 20, 1993
`
`Owner
`
`(REGISTRANT) Guess?, Inc. CORPORATION CALIFORNIA 1444 South Alameda Street Los
`Angeles CALIFORNIA 90021
`
`(LAST LISTED OWNER) GUESS? IP HOLDER L.P. LIMITED PARTNERSHIP DELAWARE
`1444 SOUTH ALAMEDA STREET LOS ANGELES CALIFORNIA 90021
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Prior
`Registrations
`
`ASSIGNMENT RECORDED
`
`MICHAEL J. MACDERMOTT
`
`1299580;1433022;AND OTHERS
`
`Type of Mark
`
`TRADEMARK. SERVICE MARK
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:vr4l22.2.1
`
`8/9/2017
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`

`Trademark Electronic Search System (TESS)
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`Page 2 of 2
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`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20130420.
`
`Renewal
`
`Live/Dead
`Indicator
`
`2ND RENEWAL 20130420
`
`LIVE
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`8/9/2017
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`

`EXHIBIT 6
`EXHIBIT 6
`
`

`

`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Aug 9 05:00:48 EDT 2017
`
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`
`Record 1 out of 1
`
`return to TESS)
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`
`Word Mark
`
`Goods and
`Services
`
`GUESS?
`
`(CANCELLED) IC 024. US 042. G & S: Towels. FIRST USE: 19820925. FIRST USE IN
`COMMERCE: 19820925
`
`IC 025. US 039. G & S: Men's, and Women's Pants, Jumpsuits, Jackets, Vests, Shirts and
`Shorts; Women's Blouses, Skirts and Dresses; Boy's and Girl's Pants, Jumpsuits, Vests, Jackets
`and Shirts; and Girl's Blouses and Dresses. FIRST USE: 19811100. FIRST USE IN
`COMMERCE: 19811100
`
`Mark Drawing
`Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Design Search
`Code
`
`24.17.14 - Ampersands (&); At symbol (@); Brackets, punctuation; Commas; Diacritical marks;
`Exclamation points (!¡); Punctuation marks; Question marks (?)
`
`Serial Number
`
`73396208
`
`Filing Date
`
`September 30, 1982
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Change In
`Registration
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`1A
`
`1A
`
`July 31, 1984
`
`CHANGE IN REGISTRATION HAS OCCURRED
`
`1299580
`
`October 9, 1984
`
`(REGISTRANT) GUESS ?, INC. CORPORATION CALIFORNIA 1444 SOUTH ALAMEDA
`STREET LOS ANGELES CALIFORNIA 90021
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:w6ri7y.2.1
`
`8/9/2017
`
`

`

`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`(LAST LISTED OWNER) GUESS? IP HOLDER L.P. sole general partner Guess? Licensing, Inc.,
`a Delaware corporation LIMITED PARTNERSHIP DELAWARE 1444 SOUTH ALAMEDA
`STREET LOS ANGELES CALIFORNIA 90021
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Prior
`Registrations
`
`ASSIGNMENT RECORDED
`
`MICHAEL J. MACDERMOTT
`
`0849861
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. PARTIAL SECT 8 (6-YR). SECTION 8(10-YR) 20141006.
`
`Renewal
`
`Live/Dead
`Indicator
`
`2ND RENEWAL 20141006
`
`LIVE
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`8/9/2017
`
`

`

`EXHIBIT 7
`EXHIBIT 7
`
`

`

`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Aug 9 05:00:48 EDT 2017
`
`Logout Please logout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
`return to TESS)
`
`( Use the "Back" button of the Internet Browser to
`
`Word Mark
`
`Goods and
`Services
`
`Mark Drawing
`Code
`
`Design Search
`Code
`
`GUESS ?
`
`IC 025. US 022 039. G & S: MEN'S AND WOMEN'S PANTS AND JUMPSUITS, AND WOMEN'S
`BLOUSES, SKIRTS, SHORTS, VESTS, JACKETS AND DRESSES. FIRST USE: 19811100.
`FIRST USE IN COMMERCE: 19811100
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`24.17.14 - Ampersands (&); At symbol (@); Brackets, punctuation; Commas; Diacritical marks;
`Exclamation points (!¡); Punctuation marks; Question marks (?)
`26.05.02 - Plain single line triangles; Triangles, plain single line
`
`Serial Number
`
`73369608
`
`Filing Date
`
`June 14, 1982
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`1A
`
`1A
`
`May 17, 1983
`
`1271896
`
`March 27, 1984
`
`(REGISTRANT) GUESS ?, INC. CORPORATION CALIFORNIA 771 E. 9TH ST. LOS ANGELES
`CALIFORNIA 90021
`
`(LAST LISTED OWNER) GUESS? IP HOLDER L.P. general partner, Guess? Licensing, Inc., a
`Delaware Corporation LIMITED PARTNERSHIP DELAWARE 1444 S. Alameda Street Los
`Angeles CALIFORNIA 90021
`
`ASSIGNMENT RECORDED
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:w6ri7y.3.1
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`8/9/2017
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`

`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Description of
`Mark
`
`MICHAEL J. MACDERMOTT
`
`The mark consists of the term Guess ? inscribed within an inverted triangle.
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20140330.
`
`Renewal
`
`Live/Dead
`Indicator
`
`2ND RENEWAL 20140330
`
`LIVE
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`