Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA839675
`08/15/2017
`
`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
`
`JAGUAR LAND ROVER LIMITED
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`08/16/2017
`
`ABBEY ROAD
`WHITLEY, COVENTRY, CV3 4LF
`UNITED KINGDOM
`
`JENNIFER K. ZIEGLER
`BROOKS KUSHMAN, P.C.
`1000 TOWN CENTER22ND FLOOR
`SOUTHFIELD, MI 48075
`UNITED STATES
`Email: gdavis@brookskushman.com, jziegler@brookskushman.com
`
`Applicant Information
`
`Application No
`
`87256078
`
`Publication date
`
`04/18/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`08/15/2017
`
`Opposition Peri-
`od Ends
`
`08/16/2017
`
`LI, XUANMIN
`#1001, Gelin Wangyuan, Yannan Road,
`Futian Dist.
`Shenzhen, 518000
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 012. First Use: 2016/11/10 First Use In Commerce: 2016/11/20
`All goods and services in the class are opposed, namely: Anti-skid chains for vehicles; Automobile
`windshield sunshades; Automotive cargo rack; Bicycle bells; Bicycle carriers for vehicles and parts
`thereof; Bicycle kickstands; Bicycle seats; Car-top luggage carriers; Luggage racks for bi-
`cycles;Spindles of bicycles; Steering wheel covers
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols, or brings them into contempt, or disrep-
`ute
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Section 2(a)
`
`Marks Cited by Opposer as Basis for Opposition
`
`
`ESTTA839675
`08/15/2017
`
`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
`
`JAGUAR LAND ROVER LIMITED
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`08/16/2017
`
`ABBEY ROAD
`WHITLEY, COVENTRY, CV3 4LF
`UNITED KINGDOM
`
`JENNIFER K. ZIEGLER
`BROOKS KUSHMAN, P.C.
`1000 TOWN CENTER22ND FLOOR
`SOUTHFIELD, MI 48075
`UNITED STATES
`Email: gdavis@brookskushman.com, jziegler@brookskushman.com
`
`Applicant Information
`
`Application No
`
`87256078
`
`Publication date
`
`04/18/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`08/15/2017
`
`Opposition Peri-
`od Ends
`
`08/16/2017
`
`LI, XUANMIN
`#1001, Gelin Wangyuan, Yannan Road,
`Futian Dist.
`Shenzhen, 518000
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 012. First Use: 2016/11/10 First Use In Commerce: 2016/11/20
`All goods and services in the class are opposed, namely: Anti-skid chains for vehicles; Automobile
`windshield sunshades; Automotive cargo rack; Bicycle bells; Bicycle carriers for vehicles and parts
`thereof; Bicycle kickstands; Bicycle seats; Car-top luggage carriers; Luggage racks for bi-
`cycles;Spindles of bicycles; Steering wheel covers
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols, or brings them into contempt, or disrep-
`ute
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Section 2(a)
`
`Marks Cited by Opposer as Basis for Opposition
`
`
`
`U.S. Registration
`No.
`
`541722
`
`Registration Date
`
`05/01/1951
`
`Application Date
`
`03/17/1949
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`LAND ROVER
`
`NONE
`
`Class 012. First use: First Use: 0 First Use In Commerce: 0
`MOTOR CARS, [ COMMERCIAL MOTOR ROAD VEHICLES] -NAMELY, [
`TRUCKS, TRUCK TRAILER COMBINATIONS, ] ESTATE WAGONS [ , AND
`STRUCTURAL PARTS THEREOF ]
`
`U.S. Registration
`No.
`
`2767628
`
`Registration Date
`
`09/23/2003
`
`Word Mark
`
`Design Mark
`
`LAND ROVER
`
`Application Date
`
`09/21/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 012. First use: First Use: 1949/03/17 First Use In Commerce: 1949/03/17
`motor vehicles, namely, automobiles, sport-utility vehicles, [ trucks and vans,]
`and structural parts and engines therefor; bicycles
`
`U.S. Registration
`No.
`
`3485024
`
`Registration Date
`
`08/12/2008
`
`Word Mark
`
`LAND ROVER
`
`Application Date
`
`08/09/2006
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "LAND ROVER" inside an oval with zag Z ele-
`ments after "LAND" and before "ROVER".
`
`Class 012. First use: First Use: 1948/00/00 First Use In Commerce: 1986/00/00
`Sports utility vehicles
`
`U.S. Registration
`No.
`
`2120770
`
`Registration Date
`
`12/16/1997
`
`Word Mark
`
`Design Mark
`
`LAND ROVER
`
`Application Date
`
`08/10/1995
`
`Foreign Priority
`Date
`
`06/15/1995
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 012. First use: First Use: 0 First Use In Commerce: 0
`bicycles
`
`U.S. Registration
`No.
`
`2362458
`
`Registration Date
`
`06/27/2000
`
`Word Mark
`
`LAND ROVER
`
`Application Date
`
`08/10/1995
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 012. First use: First Use: 1995/09/01 First Use In Commerce: 1995/09/01
`bicycles
`
`76315284#TMSN.png( bytes )
`78948722#TMSN.png( bytes )
`74714488#TMSN.png( bytes )
`74714489#TMSN.png( bytes )
`Notice of Opposition BESTLAND.pdf(42935 bytes )
`
`Signature
`
`/jennifer ziegler/
`
`Name
`
`Date
`
`JENNIFER K. ZIEGLER
`
`08/15/2017
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In re Trademark Application
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`Serial No.:
`
`Filed:
`
`Trademark:
`
`
`
`
`
`
`
`
`
`
`
`
`
`87256078
`
`December 3, 2016
`
`BESTLAND
`
`Published in the Official Gazette on April 18, 2017
`
`Atty. Docket No.:
`
`
`
`LAND10904OC
`
`
`Jaguar Land Rover Limited,
`
`Opposer,
`
`v.
`
`Xuanmin Li,
`
`Applicant.
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`NOTICE OF OPPOSITION
`
`
`VIA ELECTRONIC FILING
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`
`
`Serial No. 87256078
`
`Opposition No. ___________
`
`Opposer, Jaguar Land Rover Limited, a United Kingdom private company limited by
`
`shares, having a principal place of business at Abbey Road, Whitley, Coventry CV3 4LF, United
`
`Kingdom (“Opposer”), believes that it is and will continue to be damaged by registration of the
`
`mark BESTLAND in the name of Xuanmin Li (“Applicant”) shown in U.S. Trademark
`
`Application Serial No. 87256078, and hereby opposes the same.
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`
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`- 1 -
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`
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`A request for an extension of time to oppose was filed on May 17, 2017 and was granted,
`
`extending the time to file to August 16, 2017.
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`As grounds for opposition, Opposer alleges that:
`
`1.
`
`Opposer and its predecessors have manufactured and sold vehicles, vehicle parts
`
`and accessories, and a wide variety of related automotive and non-automotive goods and services
`
`worldwide for over 60 years.
`
`2.
`
`Since at least as early as 1949, Opposer has owned and used the trademark LAND
`
`ROVER in connection with motor vehicles, vehicle parts and accessories, and related automotive
`
`and non-automotive goods and services in the United States and throughout the world.
`
`3.
`
`In the United States, Opposer is the owner of, among others, the following
`
`registrations for LAND ROVER: Reg. No. 541722 (registered May 1, 1951); No. 2767628
`
`(registered September 23, 2003); and No. 3485024 (registered August 12, 2008) covering motor
`
`vehicles, vehicle parts and accessories, and related goods in Class 12; and Reg. No. 2120770
`
`(registered December 16, 1997) and No. 2362458 (registered June 27, 2000) covering bicycles in
`
`Class 12. These registrations are incontestable, valid and subsisting, uncancelled, and unrevoked.
`
`4.
`
`Opposer has expended considerable time, effort, and expense in advertising and
`
`promoting the LAND ROVER Mark and the goods and services associated with it throughout the
`
`United States, with the result that the purchasing public has come to know and recognize goods
`
`and services of Opposer by the LAND ROVER Mark. Opposer has exceedingly valuable goodwill
`
`established in its LAND ROVER Mark.
`
`5.
`
`Applicant is seeking to register BESTLAND as a trademark for “Anti-skid chains
`
`for vehicles; Automobile windshield sunshades; Automotive cargo rack; Bicycle bells; Bicycle
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`
`
`- 2 -
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`
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`carriers for vehicles and parts thereof; Bicycle kickstands; Bicycle seats; Car-top luggage
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`carriers; Luggage racks for bicycles; Spindles of bicycles; Steering wheel covers” in Class 12.
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`This is evidenced by publication of the mark in the Official Gazette on April 18, 2017.
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`Applicant filed its application on December 3, 2016.
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`6.
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`There is no issue as to priority. Opposer used, filed, and registered the LAND
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`ROVER Mark in connection with its goods and services long prior to Applicant’s December 3,
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`2016 filing date and long prior to Applicant’s claimed dates of first use.
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`7.
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`Upon information and belief, Applicant did not use its BESTLAND mark prior to
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`Opposer’s first use of LAND ROVER.
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`8.
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`The LAND component of Applicant’s BESTLAND mark is identical to the LAND
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`component in Opposer’s LAND ROVER mark.
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`9.
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`Applicant’s BESTLAND mark is a close approximation of Opposer’s LAND
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`ROVER Mark.
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`10.
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`Applicant’s BESTLAND mark is confusingly similar to Opposer’s senior LAND
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`ROVER Mark.
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`11.
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`Because the purchasing public has come to recognize and associate the goods of
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`Opposer by the LAND ROVER Mark, Applicant’s proposed BESTLAND mark is likely to be
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`confused with or suggest a connection to Opposer.
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`12.
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`Opposer is not connected with the goods sold or intended to be sold by Applicant
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`under its BESTLAND mark.
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`13.
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`The fame and reputation of Opposer is such that, if Applicant’s BESTLAND mark
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`is used with Applicant’s designated goods, a connection with Opposer will be presumed.
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`
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`- 3 -
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`14.
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`Through extensive use and promotion of the LAND ROVER mark by Opposer
`
`and/or its authorized dealers, Opposer’s LAND ROVER mark has become distinctive and famous
`
`as defined under Section 43(c)(2) of the Lanham Act, as amended, 15 USC 1125(c)(2), and it was
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`famous prior to the filing date of Applicant’s application for the BESTLAND mark and any
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`claimed dates of first use.
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`15.
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`Applicant’s BESTLAND mark in Application No. 87256078 so resembles
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`Opposer’s LAND ROVER Mark and the goods identified are so closely related to the goods of
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`Opposer as to be likely, when used in connection with Applicant’s goods, to cause confusion, or
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`to cause mistake, or to deceive in violation of Section 2(d) of the Lanham Act, 15 USC §1052(d).
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`16.
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`Applicant’s BESTLAND mark in Application No. 87256078 so resembles
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`Opposer’s LAND ROVER Mark and the goods identified are so closely related to the goods of
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`Opposer as to be likely, when used in connection with Applicant’s goods, to falsely suggest a
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`connection with Opposer in violation of Section 2(a) of the Lanham Act, 15 USC §1052(a).
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`17.
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`Applicant’s BESTLAND mark in Application No. 87256078 is likely to cause, and
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`will cause, dilution of the distinctive value of Opposer’s LAND ROVER Mark in violation of
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`Section 43(c) of the Lanham Act, 15 USC §1125(c).
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`18.
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`If Applicant were granted the registration herein opposed, it would obtain at least a
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`prima facie exclusive right to use of the BESTLAND mark in connection with the designated
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`goods. Such registration would be a source of injury and damage to Opposer’s prior and
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`established rights in its LAND ROVER Mark.
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`WHEREFORE, Opposer respectfully requests that registration of the BESTLAND mark,
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`Application Serial No. 87256078, be refused and that this opposition be sustained.
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`
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`- 4 -
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`
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`The fee required under 37 C.F.R. § 2.6(a)(17) is being paid electronically concurrently with
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`the filing of this Notice of Opposition. If the filing fee is found to be insufficient for any reason,
`
`please charge such deficiency to the deposit account.
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`Respectfully submitted,
`
`
`
`
`
`
`
`By:
`Jennifer K. Ziegler
`
`Attorneys/Agents for Opposer
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`Date: August 15, 2017
`
`BROOKS KUSHMAN P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075
`Phone: 248-358-4400
`Fax: 248-358-3351
`
`
`
`- 5 -
`
`
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