Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA857935
`11/13/2017
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`La Leela LLC
`
`limited liability company
`
`Citizenship
`
`Florida
`
`8004 NW 154th Street #589
`Miami Lakes, FL 33016
`UNITED STATES
`
`Eric Perrott, Esq.
`Gerben Law Firm, PLLC
`1050 Connecticut Ave NW, Suite 500
`Washington, DC 20036
`UNITED STATES
`Email: jgerben@gerbenlawfirm.com, eperrott@gerbenlawfirm.com
`Phone: 2022942287
`
`Applicant Information
`
`Application No
`
`87427159
`
`Publication date
`
`10/24/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`11/13/2017
`
`Opposition Peri-
`od Ends
`
`11/23/2017
`
`SHENZHEN SAILVAN ECOMMERCE CO., LTD
`Zone C, 6/F, China South City Square
`No.1, Pinghu Town, LongGang District,
`Shenzhen
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 2016/04/21 First Use In Commerce: 2016/09/08
`All goods and services in the class are opposed, namely: Camisoles; Coats; Down jackets; Dresses;
`Jackets; Outer jackets; Overcoats; Pullovers; Shirts; Short-sleeve shirts; Skirts; Skorts; Sports jer-
`seys; Suits; Sweaters; Tee-shirts; Trousers; Uniforms; Waistcoats; Waterproof jackets and pants
`
`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.
`
`4865561
`
`Registration Date
`
`12/08/2015
`
`Word Mark
`
`LA LEELA
`
`Application Date
`
`11/11/2014
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA857935
`11/13/2017
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`La Leela LLC
`
`limited liability company
`
`Citizenship
`
`Florida
`
`8004 NW 154th Street #589
`Miami Lakes, FL 33016
`UNITED STATES
`
`Eric Perrott, Esq.
`Gerben Law Firm, PLLC
`1050 Connecticut Ave NW, Suite 500
`Washington, DC 20036
`UNITED STATES
`Email: jgerben@gerbenlawfirm.com, eperrott@gerbenlawfirm.com
`Phone: 2022942287
`
`Applicant Information
`
`Application No
`
`87427159
`
`Publication date
`
`10/24/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`11/13/2017
`
`Opposition Peri-
`od Ends
`
`11/23/2017
`
`SHENZHEN SAILVAN ECOMMERCE CO., LTD
`Zone C, 6/F, China South City Square
`No.1, Pinghu Town, LongGang District,
`Shenzhen
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 2016/04/21 First Use In Commerce: 2016/09/08
`All goods and services in the class are opposed, namely: Camisoles; Coats; Down jackets; Dresses;
`Jackets; Outer jackets; Overcoats; Pullovers; Shirts; Short-sleeve shirts; Skirts; Skorts; Sports jer-
`seys; Suits; Sweaters; Tee-shirts; Trousers; Uniforms; Waistcoats; Waterproof jackets and pants
`
`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.
`
`4865561
`
`Registration Date
`
`12/08/2015
`
`Word Mark
`
`LA LEELA
`
`Application Date
`
`11/11/2014
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 014. First use: First Use: 2006/00/00 First Use In Commerce: 2006/00/00
`Jewelry; Necklaces
`Class 018. First use: First Use: 2006/00/00 First Use In Commerce: 2006/00/00
`Purses; Beach bags; Bags for swimsuits;All-purpose carrying bags
`Class 025. First use: First Use: 2006/00/00 First Use In Commerce: 2006/00/00
`Shirts; Shorts; Pants; Blouses; Skirts;Kaftans; Beach cover ups; Sarongs; Paja-
`mas; Capris; Bikinis; Panties; Bras
`
`Attachments
`
`ZEELA_Opposition November 13.pdf(96715 bytes )
`86450378#TMSN.png( bytes )
`
`Signature
`
`/Eric Perrott, Esq./
`
`Name
`
`Date
`
`Eric Perrott, Esq.
`
`11/13/2017
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`La Leela, LLC
`
`
`
`
`
`
`Opposer,
`
`
`
`
`
`v.
`
`
`
`
`Shenzhen Sailvan Ecommerce Co., LTD
`
`
`Applicant,
`
`
`
`
`
`
`
`
`
`
`
`
`Opposition No.: ___________
`
`
`
`Mark: ZEELA
`
`
`
`
`
`Application Serial No: 87/427159
`
`
`NOTICE OF OPPOSITION
`
`
`
`La Leela, LLC (hereinafter referred to as “Opposer”), a Florida limited liability company,
`
`believes that it will be damaged by the registration of the mark shown in Application Serial No.
`
`87/427159 and hereby opposes this application. The application was filed by Shenzhen Sailvan
`
`Ecommerce Co., LTD a Chinese limited company (hereinafter referred to as “Applicant”), and was
`
`published in the Official Gazette on October 24, 2017.
`
`
`
`As grounds for the opposition, Opposer alleges as follows:
`
`1.
`
`Opposer is the owner of the LA LEELA trademark and the goodwill associated
`
`therewith (collectively, the “Opposer’s Mark”) for apparel and related products (“Opposer’s
`
`Goods”) along with the trademark registration for the same (reg. no 4865561) (registration attached
`
`as Opposition Exhibit A) for “Jewelry; Necklaces” in International Class 14, “purses; Beach bags;
`
`Bags for swimsuits; All-purpose carrying bags” in International Class 18 and “Shirts; Shorts; Pants;
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`Blouses; Skirts; Kaftans; Beach cover ups; Sarongs; Pajamas; Capris; Bikinis; Panties; Bras” in
`
`International Class 25.
`
`
`
`2.
`
`The Applicant filed an application under Section 1(a) of the Lanham Act on April 26,
`
`2017 for ZEELA (the “Applicant’s Mark”) for: “Camisoles; Coats; Down jackets; Dresses; Jackets;
`
`Outer jackets; Overcoats; Pullovers; Shirts; Short-sleeve shirts; Skirts; Skorts; Sports jerseys; Suits;
`
`Sweaters; Tee-shirts; Trousers; Uniforms; Waistcoats; Waterproof jackets and pants” in
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`International Class 25 (“Applicant’s Goods”) and was assigned Serial Number 87/427159 (the
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`“Applicant’s Application”). Applicant claims a first-use date of its mark of April 21, 2016.
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`3.
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`Opposer believes that, should Applicant’s Application proceed to registration,
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`Applicant will be given at least a prima facie right to exclusive use of the mark on related goods. Such
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`use will cause a likelihood of confusion between Opposer’s Mark and Applicant’s Mark that would
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`irreparably harm the Opposer’s senior mark.
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`COUNT 1: PRIORITY AND LIKELIHOOD OF CONFUSION
`
`
`Applicant’s Mark is the word “ZEELA,” a word closely similar in sight, sound, and
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`4.
`
`commercial impression to Opposer’s Mark.
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`5.
`
`Applicant’s Goods are identical or closely related to Opposer’s Goods, especially in
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`International Class 25.
`
`6.
`
`Opposer has sold and rendered Opposer’s Goods in the United States under the
`
`Opposer’s Mark since at least as early as 2006, before any priority date in which Applicant’s
`
`Application is entitled to.
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`7.
`
`Opposer has built up substantial goodwill and customer recognition in Opposer’s
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`Mark in the United States.
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`8.
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`Opposer’s Mark is symbolic of extensive goodwill and consumer recognition built up
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`by Opposer through substantial amounts of time and effort in sales and promotion of Opposer’s
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`Goods.
`
`
`
`2
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`9.
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`Therefore, Opposer has priority based on Opposer’s first use of the Opposer’s Mark
`
`in the United States prior to the filing date of Applicant’s Application or any other priority date
`
`available to Applicant.
`
`10.
`
`In view of the fact that the parties’ respective marks are closely similar, and that the
`
`goods are closely related and complementary, it is alleged that Applicant’s Mark so resembles
`
`Opposer’s Mark previously used in the United States, and not abandoned, as to be likely to cause
`
`confusion, or to cause mistake, or to deceive, and therefore, should be refused under Section 2(d) of
`
`the Lanham Act.
`
`11.
`
`If Applicant is granted the registration herein opposed, it would thereby obtain at least
`
`a prima facie exclusive right to the use of its mark. Such registration would be a source of damage and
`
`injury to Opposer.
`
`12.
`
`In view of the above, Applicant is not entitled to federal registration of its alleged
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`ZEELA trademark as Opposer has priority based on prior use of the Opposer’s Mark in commerce in
`
`connection with highly-related goods.
`
`13.
`
`By reason of all the foregoing, Opposer will be gravely damaged by the registration of
`
`Applicant’s Mark.
`
`
`
`WHEREFORE, by its undersigned attorney, La Leela, LLC respectfully requests that this
`
`Notice of Opposition be sustained and that registration of the mark ZEELA, Serial No. 87/427159, be
`
`refused.
`
`
`
`
`
`
`
`Dated: November 13, 2017
`
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`Respectfully submitted,
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`Eric J. Perrott, Esq.
`Joshua M. Gerben, Esq.
`Attorneys for Opposer
`Gerben Law Firm, PLLC
`1050 Connecticut Ave NW
`Suite 500
`Washington, DC 20036
`
`Phone: 202.294.2287
`
`Email: jgerben@gerbenlawfirm.com
`eperrott@gerbenlawfirm.com
`
`
`
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`4
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`LA LEELA
`
`Re”. No. 4.365.561
`
`Registered Dec. 8, 2015
`
`Int. Cls.: l4, l8 and 25
`
`'I'RADEHARK
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`PRINCIPAL REGISTER
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