Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA867447
`12/27/2017
`
`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
`
`Jaguar Land Rover Limited
`
`Private company limited by
`share
`
`Abbey Road
`Whitley, Coventry, CV3 4LF
`UNITED KINGDOM
`
`Citizenship
`
`United Kingdom
`
`Attorney informa-
`tion
`
`Jennifer K. Ziegler
`Brooks Kushman P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48105
`UNITED STATES
`Email: jziegler@brookskushman.com, gdavis@brookskushman.com
`
`Applicant Information
`
`Application No
`
`87571919
`
`Publication date
`
`12/26/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`12/27/2017
`
`Opposition Peri-
`od Ends
`
`01/25/2018
`
`SHENZHEN HENGSHENGDAFENG TECHNOLOGY CO.,LTD
`3906 DUHUIXUAN
`ZHONGHANG RD,HUAQIANG N ST,FUTIAN DIST
`SHENZHEN,GUANGDONG, 518031
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 2011/05/17 First Use In Commerce: 2015/06/08
`All goods and services in the class are opposed, namely: Audio-video receivers; Batteries, electric;
`Battery chargers; Cabinets for loudspeakers; Camcorders; Camera hardware systems for IP (Internet
`protocol) video surveillance; Cameras; Cell phone covers;Cell phones; Computer keyboards; Com-
`puter mouse; Computer peripheral devices; Data synchronization cables; Distance measuring appar-
`atus; Earphones and headphones; Electric cables and wires; Electric navigational instruments; Invert-
`ers; Laptop computers; Network routers; Portablemedia players; Power adapters; Satellite naviga-
`tional system, namely, a global positioning system (GPS); Set-top boxes;Slide or photograph projec-
`tion apparatus; Smart watches; Smartphones; Television apparatus for projection purposes; Video
`monitors; Wearable activity trackers;Webcams; Wireless cellular phone headsets
`
`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
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Section 2(a)
`
`

`

`symbols, or brings them into contempt, or disrep-
`ute
`
`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.
`
`3653881
`
`Registration Date
`
`07/14/2009
`
`Word Mark
`
`Design Mark
`
`LAND ROVER
`
`Application Date
`
`11/12/2008
`
`Foreign Priority
`Date
`
`NONE
`
`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 009. First use: First Use: 0 First Use In Commerce: 0
`Mobile phones, batteries and battery chargers, antennas, cases for mobile
`phones, hands-free kits for phones, wired andwireless headsets for phones [,
`flotation devices for protecting phones in water ]
`
`Attachments
`
`76315284#TMSN.png( bytes )
`78948722#TMSN.png( bytes )
`77612616#TMSN.png( bytes )
`Notice of Opposition LANDVO.pdf(43813 bytes )
`
`

`

`Signature
`
`/jennifer ziegler/
`
`Name
`
`Date
`
`Jennifer K. Ziegler
`
`12/27/2017
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In re Trademark Application
`
`Serial No.:
`
`Filed:
`
`Trademark:
`
`
`
`
`
`
`
`
`
`
`
`
`
`87571919
`
`August 16, 2017
`
`LANDVO and Design
`
`Published in the Official Gazette on December 26, 2017
`
`Atty. Docket No.:
`
`
`
`LAND10609OC
`
`
`Jaguar Land Rover Limited,
`
`Opposer,
`
`v.
`
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`Shenzhen Hengshengdafeng Technology Co., Ltd,
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`Applicant.
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`NOTICE OF OPPOSITION
`
`
`VIA ELECTRONIC FILING
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`
`
`Serial No. 87571919
`
`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
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`Kingdom (“Opposer”), believes that it is and will continue to be damaged by registration of the
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`mark LANDVO and Design in the name of Shenzhen Hengshengdafeng Technology Co., Ltd
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`(“Applicant”) shown in U.S. Trademark Application Serial No. 87571919, and hereby opposes the
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`same.
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`- 1 -
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`

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`As grounds for opposition, Opposer alleges that:
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`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
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`worldwide for over 60 years.
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`2.
`
`Since at least as early as 1949, Opposer has owned and used the trademark LAND
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`ROVER in connection with motor vehicles, vehicle parts and accessories, and related automotive
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`and non-automotive goods and services in the United States and throughout the world.
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`3.
`
`In the United States, Opposer is the owner of, among others, the following
`
`registrations for LAND ROVER: Reg. No. 541,722 (registered May 1, 1951); No. 2,767,628
`
`(registered September 23, 2003); and No. 3,485,024 (registered August 12, 2008) covering motor
`
`vehicles, vehicle parts and accessories, and related goods in Class 12; and No. 3,653,881
`
`(registered July 14, 2009) covering mobile phones, batteries and battery chargers, and related
`
`goods in Class 9. These registrations are incontestable, valid and subsisting, uncancelled, and
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`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
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`United States, with the result that the purchasing public has come to know and recognize goods
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`and services of Opposer by the LAND ROVER Mark. Opposer has exceedingly valuable goodwill
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`established in its LAND ROVER Mark.
`
`5.
`
`Applicant is seeking to register LANDVO and Design as a trademark for “audio-
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`video receivers; batteries, electric; battery chargers; cabinets for loudspeakers; camcorders;
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`camera hardware systems for IP (internet protocol) video surveillance; cameras; cell phone
`
`
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`- 2 -
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`

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`covers; cell phones; computer keyboards; computer mouse; computer peripheral devices; data
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`synchronization cables; distance measuring apparatus; earphones and headphones; electric cables
`
`and wires; electric navigational instruments; inverters; laptop computers; network routers;
`
`portable media players; power adapters; satellite navigational system, namely, a global
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`positioning system (GPS); set-top boxes; slide or photograph projection apparatus; smart
`
`watches; smartphones; television apparatus for projection purposes; video monitors; wearable
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`activity trackers; webcams; wireless cellular phone headsets” in Class 9. This is evidenced by
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`publication of the mark in the Official Gazette on December 26, 2017. Applicant filed its
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`application on August 16, 2017.
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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 August 16, 2017
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`filing date and long prior to any claimed dates of first use.
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`7.
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`Upon information and belief, Applicant did not use its LANDVO 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 LANDVO mark is identical to the LAND
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`component in Opposer’s LAND ROVER mark.
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`Mark.
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`9.
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`10.
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`Applicant’s LANDVO mark is a close approximation of Opposer’s LAND ROVER
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`Applicant’s LANDVO mark is confusingly similar to Opposer’s senior LAND
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`ROVER Mark.
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`- 3 -
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`

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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 LANDVO 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
`
`under its LANDVO mark.
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`13.
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`The fame and reputation of Opposer is such that, if Applicant’s LANDVO mark is
`
`used with Applicant’s designated goods, a connection with Opposer will be presumed.
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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 LANDVO mark and any claimed
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`dates of first use.
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`15.
`
`Applicant’s LANDVO mark in Application No. 87571919 so resembles Opposer’s
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`LAND ROVER Mark and the goods identified are so closely related to the goods of Opposer as to
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`be likely, when used in connection with Applicant’s goods, to cause confusion, or to cause mistake,
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`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 LANDVO mark in Application No. 87571919 so resembles Opposer’s
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`LAND ROVER Mark and the goods identified are so closely related to the goods of Opposer as to
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`be likely, when used in connection with Applicant’s goods, to falsely suggest a connection with
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`Opposer in violation of Section 2(a) of the Lanham Act, 15 USC §1052(a).
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`
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`- 4 -
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`

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`17.
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`Applicant’s LANDVO mark in Application No. 87571919 is likely to cause, and
`
`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 LANDVO mark in connection with the designated goods.
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`Such registration would be a source of injury and damage to Opposer’s prior and established rights
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`in its LAND ROVER Mark.
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`WHEREFORE, Opposer respectfully requests that registration of the LANDVO mark,
`
`Application Serial No. 87571919, be refused and that this opposition be sustained.
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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,
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`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: December 27, 2017
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`BROOKS KUSHMAN P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075
`Phone: 248-358-4400
`Fax: 248-358-3351
`
`
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`- 5 -
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