Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA876142
`02/08/2018
`
`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 parties oppose registration of the indicated application.
`
`Opposers Information
`
`Name
`
`Entity
`
`Address
`
`Name
`
`Entity
`
`Address
`
`Mascotte Holdings, Inc.
`
`Corporation
`
`Citizenship
`
`California
`
`c/o Pryor Cashman LLP
`7 Times Square
`New York, NY 10036
`UNITED STATES
`
`Kanye West
`
`Individual
`
`c/o Pryor Cashman LLP
`7 Times Square
`New York, NY 10036
`UNITED STATES
`
`Citizenship
`
`UNITED STATES
`
`Attorney informa-
`tion
`
`Brad D. Rose
`Pryor Cashman LLP
`7 Times Square
`New York, NY 10036
`UNITED STATES
`Email: brose@pryorcashman.com, dfinguerra-ducharme@pryorcashman.com,
`tmdocketing@pryorcashman.com, rklarberg@pryorcashman.com, halex-
`is@pryorcashman.com
`Phone: (212) 421-4100
`
`Applicant Information
`
`Application No
`
`87557963
`
`Publication date
`
`01/09/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`02/08/2018
`
`Opposition Peri-
`od Ends
`
`02/08/2018
`
`Haite Photoelectric Co., Ltd.
`Room A108, No.47, YongAn Road
`SCI.& TECH. Park, Changping District
`Beijing, 102200
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Cabinets for loudspeakers; Camcorders;
`Electric door bells; Electric and electronic video surveillance installations; Electrical and electronic
`burglar alarms;Microphones; Portable media players; Protection masks; Rechargeable batteries;
`Telematics apparatus, namely, wireless Internet devices which provide telematic services and have a
`cellular phone function
`
`

`

`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`5125895
`
`Registration Date
`
`01/17/2017
`
`Word Mark
`
`Design Mark
`
`YEEZY
`
`Application Date
`
`08/06/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2015/02/00 First Use In Commerce: 2015/02/00
`Clothing, namely, footwear, shoes, sneakers
`
`U.S. Registration
`No.
`
`5227726
`
`Registration Date
`
`06/20/2017
`
`Word Mark
`
`Design Mark
`
`YZY
`
`Application Date
`
`11/15/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 025. First use: First Use: 2015/02/14 First Use In Commerce: 2015/02/14
`Footwear
`
`86636729
`
`Application Date
`
`05/20/2015
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`YEEZI
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Musical sound recordings; audio-visual recordings, namely, compact discs,
`phonograph records, DVDs, laser discs and MP3s, all featuring music; down-
`loadable musical sound recordings; downloadable video recordings featuring
`music; downloadable electronic publications in the natureof books, booklets,
`magazines, journals, manuals, brochures, leaflets, pamphlets and newsletters,
`all in the field of music, entertainment, television, film, the arts, fashion, life-
`styles, culture, social issues and politics; decorative magnets; refrigerator mag-
`nets; novelty magnets; mouse pads; compact disc cases andsleeves; fitted
`cases for storage and transportation, namely, cases for compactdiscs, and hand
`held electronic and mobile devices in the nature of telephones,media players
`and recorders, cameras, tablet computers and cellular phones; protective covers
`and cases for cell phones, laptops and portable media players; eyewear;
`sunglasses; cases and pouches foreyewear and sunglasses; downloadable mu-
`sic, ring tones, master ring tones, ringback tones, graphics, and electronic
`games via the Internet and wireless devices; downloadable wireless entertain-
`ment, namely, ring tones, master ring tones, ringback tones, screen savers and
`images, and wallpaper; computer game cartridges,discs, programs and soft-
`ware; video game cartridges, video game discs, video game software, and video
`game programs; interactive multimedia computer game program; interactive
`video game programs; interactive audio game discs containing action games
`and role playing games; interactive video games of virtual reality comprising
`computer hardware and video gamesoftware; virtual reality game software;
`multi-media software recorded on CD-ROM featuring music, entertainment, and
`games
`
`Attachments
`
`86981009#TMSN.png( bytes )
`87237690#TMSN.png( bytes )
`86636729#TMSN.png( bytes )
`Notice of Opposition - YEEZEE - 2.8.18.pdf(2955315 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Brad D. Rose/
`
`Brad D. Rose
`
`02/08/2018
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Trademark Application Serial No. 87/557,963
`Mark: YEEZEE with design
`Filed: August 7, 2017
`__________________________________________x
`
`
`
`
`
`
`
`:
`MASCOTTE HOLDINGS, INC.
`
`
`:
`and KANYE WEST,
`
`
`
`:
`
`
`
`
`
`
`
`:
`
`
`
`Opposers,
`
`
`:
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`
`
`
`
`
`
`:
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`v.
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`
`
`
`
`:
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`
`:
`HAITE PHOTOELECTRIC CO., LTD.
`
`:
`
`
`
`
`
`
`
`:
`
`
`
`Applicant.
`
`
`:
`__________________________________________x
`
`
`Opposition No.
`
`NOTICE OF OPPOSITION
`
`Opposers Mascotte Holdings, Inc. and Kanye West (collectively, “Opposers”) believe
`
`that they will be damaged by the registration of the YEEZEE with design mark shown in
`
`Application Serial No. 87/557,963 (the “Application”) and hereby oppose the same. The
`
`grounds for Opposition are as follows:
`
`1.
`
`Opposer Mascotte Holdings, Inc. is a corporation organized under the laws of the
`
`State of California, with its principal place of business at c/o Pryor Cashman LLP, 7 Times
`
`Square, New York, NY 10036.
`
`2.
`
`Opposer Kanye West (“West”) is an individual and United States citizen. West is
`
`an internationally renowned Grammy® Award-winning musical artist, performer, media
`
`company owner, songwriter, producer, film director and fashion designer.
`
`3.
`
`West first rose to fame as a producer for Roc-A-Fella Records, where he achieved
`
`recognition in 2001 for his work on Jay Z’s album The Blueprint, as well as on hit singles for
`
`musical artists including Alicia Keys, Ludacris and Janet Jackson. To date, West has released
`
`

`

`seven full-length studio albums, has sold over 32 million albums and over 100 million digital
`
`songs, making him one of the best-selling artists of all-time.
`
`4.
`
`West has adorned the cover of hundreds of magazines, including, but not limited
`
`to, Vogue, GQ, Time and Rolling Stone magazines. Time has ranked West on its list of the 100
`
`Most Influential People in 2015, and Forbes identified him on its annual Celebrity 100 list in
`
`2015. MTV also honored West with the 2015 Michael Jackson Video Vanguard Award,
`
`honoring “his career-spanning groundbreaking videos, legendary VMA performances, and
`
`continued impact on music, art, fashion, and culture.”
`
`5.
`
`West’s recognition expands well beyond the world of music -- West sets trends
`
`for everything he touches. He has launched his own clothing lines, designed products with major
`
`athletic apparel companies, including Adidas, and even designed high-end shoe lines for Louis
`
`Vuitton and Giuseppe Zanotti.
`
`6.
`
`Labeled as one of the most acclaimed rappers of the 21st century, West’s massive
`
`following knows West as “YEEZY,” a pseudonym that West adopted in 2009. Alternative
`
`spellings of YEEZY are YZY and YEEZI. The YEEZY and YZY marks function as source
`
`identifying trademarks for goods and services emanating from Opposers.
`
`7.
`
`Opposers offer for sale and sell various merchandise under the YEEZY and YZY
`
`marks including clothing, sneakers and entertainment related products.
`
`8.
`
`Opposers unveiled new lines of clothing and sneakers bearing the YEEZY and
`
`YZY marks at three separate shows during New York Fashion Week. Titans in both the music
`
`and fashion industries attended these shows, which were broadcast live around the world,
`
`including Opposers’ “YEEZY Season 3” show in 2016.
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`9.
`
`Opposers have been continuously using the YEEZY and YZY marks in
`
`connection with clothing and footwear since at least as early as February 2015 in the United
`
`States.
`
`10.
`
`In 2015, West was awarded the “Shoe of the Year” Award by Footwear News for
`
`the YEEZY and YZY shoe collection.
`
`11.
`
`Opposers have sold a significant number of units of the YEEZY and YZY shoes
`
`in the United States during their short introduction into the marketplace. The shoes sell-out in a
`
`matter of minutes and are often then resold on online marketplaces for hundreds and often
`
`thousands of dollars.
`
`12.
`
`The YEEZY and YZY marks serve to identify Opposers as the sole source of
`
`high-quality goods bearing the mark, and the marks have become internationally famous and a
`
`substantial commercial asset.
`
`13. West, through his company Mascotte Holdings, Inc., is the owner of a United
`
`States trademark registration for the YEEZY mark, Reg. No. 5,125,895, for use in connection
`
`with Class 25 “clothing, namely, footwear, shoes, sneakers.”
`
`14. West, through his company Mascotte Holdings, Inc., is the owner of a United
`
`States trademark registration for the YZY mark, Reg. No. 5,227,726, for use in connection with
`
`Class 25 “footwear.”
`
`15. West, through his company Mascotte Holdings, Inc., is the owner of a United
`
`States trademark application for the YEEZI mark, Serial No. 86/636,729, for use in connection
`
`with Class 9 “musical sound recordings; audio-visual recordings, namely, compact discs,
`
`phonograph records, DVDs, laser discs and MP3s, all featuring music; downloadable musical
`
`sound recordings; downloadable video recordings featuring music; downloadable electronic
`
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`publications in the nature of books, booklets, magazines, journals, manuals, brochures, leaflets,
`
`pamphlets and newsletters, all in the field of music, entertainment, television, film, the arts,
`
`fashion, lifestyles, culture, social issues and politics; decorative magnets; refrigerator magnets;
`
`novelty magnets; mouse pads; compact disc cases and sleeves; fitted cases for storage and
`
`transportation, namely, cases for compact discs, and hand held electronic and mobile devices in
`
`the nature of telephones, media players and recorders, cameras, tablet computers and cellular
`
`phones; protective covers and cases for cell phones, laptops and portable media players; eyewear;
`
`sunglasses; cases and pouches for eyewear and sunglasses; downloadable music, ring tones,
`
`master ring tones, ringback tones, graphics, and electronic games via the Internet and wireless
`
`devices; downloadable wireless entertainment, namely, ring tones, master ring tones, ringback
`
`tones, screen savers and images, and wallpaper; computer game cartridges, discs, programs and
`
`software; video game cartridges, video game discs, video game software, and video game
`
`programs; interactive multimedia computer game program; interactive video game programs;
`
`interactive audio game discs containing action games and role playing games; interactive video
`
`games of virtual reality comprising computer hardware and video game software; virtual reality
`
`game software; multi-media software recorded on CD-ROM featuring music, entertainment, and
`
`games.”
`
`16.
`
`True and correct copies of the TSDR printouts and registration certificates for the
`
`YEEZY mark, Reg. No. 5,125,895, YZY mark, Reg. No. 5,227,726, and YEEZI mark, Serial No.
`
`86/636,729, are attached hereto as Exhibit A. Opposer Mascotte Holdings, Inc. hereby gives
`
`notice in accordance with Trademark Rules of Practice 2.122(d)(2) that it will rely upon these
`
`registrations and application as evidence in this proceeding, and status copies showing present
`
`title may be introduced into evidence on its behalf during the testimony period.
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`17.
`
`Opposers’ YEEZY, YZY and YEEZI marks are inherently distinctive and
`
`arbitrary.
`
`18.
`
`The registrations for the YEEZY and YZY marks and application for the YEEZI
`
`mark are not limited by channels of trade or by classes of purchasers.
`
`19.
`
`Opposers have developed extensive common law rights in the YEEZY and YZY
`
`marks as source identifiers of high-quality clothing, footwear and entertainment related products.
`
`Goods bearing these marks have been sold throughout the United States since at least as early as
`
`February 2015 to the general consuming public through the normal channels of trade for these
`
`types of goods.
`
`20.
`
`By virtue of widespread sales and advertising and promotion of the goods offered
`
`under the YEEZY and YZY marks, Opposers’ marks have become well-known by the general
`
`public and in the relevant industries, is recognized and relied upon as identifying Opposers’
`
`goods and as distinguishing them from the goods of others, and have come to represent and
`
`symbolize extremely valuable goodwill belonging exclusively to Opposers. Opposers have spent
`
`substantial time, effort and money promoting their goods under the YEEZY and YZY marks.
`
`Through these efforts, the YEEZY and YZY marks have become famous within the meaning of
`
`Section 43(c) of the Lanham Act, as amended 15 U.S.C. § 1125(c).
`
`21.
`
`Upon information and belief, Haite Photoelectric Co., Ltd. (“Applicant”) is a
`
`limited company organized in China with an address of Room A108, No. 47, YongAn Road, SCI.
`
`& TECH. Park, Changping District, Beijing, China 102200.
`
`22.
`
`Notwithstanding Opposers’ prior rights in the YEEZY, YZY and YEEZI marks,
`
`Applicant filed U.S. Trademark Application Serial No. 87/557,963 for the YEEZEE with design
`
`mark for Class 9 “cabinets for loudspeakers; camcorders; electric door bells; electric and
`
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`electronic video surveillance installations; electrical and electronic burglar alarms; microphones;
`
`portable media players; protection masks; rechargeable batteries; telematics apparatus, namely,
`
`wireless internet devices which provide telematic services and have a cellular phone function.”
`
`The Application was filed on August 7, 2017, based on Section 1(b) of the Trademark Act, and
`
`was published in the Official Gazette on January 9, 2018.
`
`23.
`
`Opposers have continuously and exclusively used the YEEZY and YZY marks in
`
`commerce prior to the filing date of the Application for the YEEZEE with design mark.
`
`Opposers also filed its YEEZI application prior to Applicant’s filing date of the Application for
`
`the YEEZEE with design mark. As such, Opposers have priority.
`
`24.
`
`Applicant’s goods are identical to the goods identified in Opposer Mascotte
`
`Holdings, Inc.’s prior-filed application for the YEEZI mark and are sufficiently related to the
`
`services provided by West and the goods offered in connection with the YEEZY and YZY marks
`
`such that a reasonable consumer would be confused as to source or sponsorship.
`
`25.
`
`The Application for the YEEZEE with design mark is not limited by channels of
`
`trade or by classes of purchasers.
`
`26.
`
`The YEEZEE with design mark is similar to Opposers’ YEEZY and YEEZI
`
`marks and an alternative spelling of Opposers’ YZY mark.
`
`27.
`
`The YEEZEE with design mark usurps, in whole or in part, Opposers’ YEEZY,
`
`YZY and YEEZI marks thereby creating a mark that is similar in sight, sound and overall
`
`commercial impression to Opposers’ YEEZY, YZY and YEEZI marks.
`
`28.
`
`Applicant’s use and registration of the YEEZEE with design mark is likely to
`
`cause consumers to mistakenly believe that goods sold bearing the mark emanate from Opposers
`
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`or that Applicant is in some way associated with or connection to Opposers, when, in fact, no
`
`such relationship exists.
`
`29.
`
`Applicant’s use and registration of the YEEZEE with design mark is likely to
`
`false suggest a connection with Opposers and Opposers’ YEEZY, YZY and YEEZI marks.
`
`30.
`
`Registration should be refused pursuant to Section 2(d) of the Trademark Act of
`
`1946, as amended, 15 U.S.C. § 1052(d), on the grounds that the YEEZEE with design mark so
`
`resembles Opposers’ YEEZY, YZY and YEEZI marks as to cause confusion, mistake and/or
`
`deception, all to the damage of Opposers.
`
`31.
`
`Opposers’ YEEZY and YZY marks became famous before Applicant’s
`
`Application date.
`
`32.
`
`The YEEZEE with design mark so closely resembles Opposers’ YEEZY and
`
`YZY marks as to dilute or to likely cause dilution by blurring of the distinctive quality of
`
`Opposers’ YEEZY and YZY marks. As such, the YEEZEE with design mark is not entitled to
`
`registration pursuant to 15 U.S.C. § 1125(c).
`
`33.
`
`If Applicant is granted registration for the YEEZEE with design mark, it would
`
`obtain, thereby, at least a prima facie exclusive right to use the YEEZEE with design mark. Such
`
`registration would be a source of damage and injury to Opposers.
`
`WHEREFORE, Opposers, by their undersigned attorneys, requests that the Trademark
`
`Trial and Appeal Board sustain their opposition to Application Serial No. 87/557,963 and grant
`
`any and all further relief to Opposers that the Board finds necessary and just in the circumstances.
`
`Opposers appoint as their attorneys in these proceedings Brad D. Rose, Dyan Finguerra-
`
`DuCharme and Ryan S. Klarberg of the firm Pryor Cashman LLP, 7 Times Square, New York,
`
`New York 10036, to whom all correspondence in this proceeding should be addressed. Please
`
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`charge Deposit Account No. 500932 for the filing fee for this Notice of Opposition and for any
`
`other fees that may be due.
`
`Dated: February 8, 2018
`
`Respectfully submitted,
`
`PRYOR CASHMAN LLP
`
`
`
`_______________________________
`Brad D. Rose
`Dyan Finguerra-DuCharme
`Ryan S. Klarberg
`7 Times Square
`New York, New York 10036
`(212) 421-4100
`brose@pryorcashman.com
`dfinguerra-ducharme@pryorcashman.com
`rklarberg@pryorcashman.com
`
`
`
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`EXHIBIT A
`
`EXHIBIT A
`
`

`

`revt
`
`tate« of arin eric,„
`
`ZEIntteb i'tate 5 Vatent attb Trabeittarti office if
`
`Reg. No. 5,125,895
`Registered Jan. 17, 2017
`Int. Cl.: 25
`Trademark
`Principal Register
`
`YEEZY
`
`Mascotte Holdings, Inc. (CALIFORNIA CORPORATION)
`c/o Pryor Cashman LLP, 7 Times Square
`New York, NY 100366569
`
`CLASS 25: Clothing, namely, footwear, shoes, sneakers
`
`FIRST USE 2-00-2015; IN COMMERCE 2-00-2015
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`The name(s), portrait(s), and/or signature(s) shown in the mark identifies the
`nickname/pseudonym/stage name of Kanye West, a living individual, whose consent(s) to
`register is made of record.
`
`SER. NO. 86-981,009, FILED 08-06-2013
`KAREN K BUSH, EXAMINING ATTORNEY
`
`44,6€4,kzL
`-
`Director of the United States
`Patent and Trademark Office
`
`

`

`REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
`
`WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
`DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
`
`Requirements in the First Ten Years*
`What and When to File:
`
`• First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
`years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
`registration will continue in force for the remainder of the ten-year period, calculated from the registration
`date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
`
`• Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
`for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
`
`Requirements in Successive Ten-Year Periods*
`What and When to File:
`
`• You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
`between every 9th and 10th-year period, calculated from the registration date.*
`
`Grace Period Filings*
`
`The above documents will be accepted as timely if filed within six months after the deadlines listed above with
`the payment of an additional fee.
`
`*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an
`extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
`(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
`The time periods for filing are based on the U.S. registration date (not the international registration date). The
`deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
`nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
`do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
`international registration at the International Bureau of the World Intellectual Property Organization, under
`Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
`date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
`international registration, see http://www.wipo.int/madrid/en/.
`
`NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
`USPTO website for further information. With the exception of renewal applications for registered
`extensions of protection, you can file the registration maintenance documents referenced above online at h
`ttp://www.uspto.gov.
`
`NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
`owners/holders who authorize e-mail communication and maintain a current e-mail address with the
`USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
`Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
`available at http://www.uspto.gov.
`
`Page: 2 of 2 / RN #5125895
`
`

`

`Generated on: This page was generated by TSDR on 2018-02-07 15:16:21 EST
`Mark: YEEZY
`
`YEEZY
`
`US Serial Number: 86981009
`
`Application Filing Aug. 06, 2013
`Date:
`US Registration 5125895 Registration Date: Jan. 17, 2017
`Number:
`Register: Principal
`Mark Type: Trademark
`TM5 Common Status
`Descriptor:
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`Status Date: Jan. 17, 2017
`Publication Date: Jun. 24, 2014 Notice of Aug. 19, 2014
`Allowance Date:
`
`Mark Information
`
`Mark Literal YEEZY
`Elements:
`Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`Claim:
`Mark Drawing 4 - STANDARD CHARACTER MARK
`Type:
`Name Portrait The name(s), portrait(s), and/or signature(s) shown in the mark identifies the nickname/pseudonym/stage name of Kanye West, a living
`Consent: individual, whose consent(s) to register is made of record.
`Related Properties Information
`
`Child Of: 86029738
`
`Goods and Services
`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: Clothing, namely, footwear, shoes, sneakers
`International 025 - Primary Class U.S Class(es): 022, 039
`Class(es):
`Class Status: ACTIVE
`Basis: 1(a)
`First Use: Feb. 2015 Use in Commerce: Feb. 2015
`Basis Information (Case Level)
`Currently Use: Yes
`Currently ITU: No
`Currently 44D: No
`Currently 44E: No
`
`Filed Use: No
`Filed ITU: Yes
`Filed 44D: No
`Filed 44E: No
`
`Amended Use: No
`Amended ITU: No
`Amended 44D: No
`Amended 44E: No
`
`

`

`Filed 66A: No
`Filed No Basis: No
`
`Currently 66A: No
`Currently No Basis: No
`Current Owner(s) Information
`
`Owner Name: Mascotte Holdings, Inc.
`Owner Address: c/o Pryor Cashman LLP, 7 Times Square
`New York, NEW YORK UNITED STATES 100366569
`Legal Entity Type: CORPORATION State or Country CALIFORNIA
`Where Organized:
`Attorney/Correspondence Information
`Attorney of Record
`Attorney Name: Brad D. Rose Docket Number: 10859.00001
`Attorney Primary tlee©pryorcashman.com
`Attorney Email Yes
`Email Address:
`Authorized:
`Correspondent
`
`Correspondent BRAD D. ROSE
`Name/Address: PRYOR CAS HMAN LLP
`7 TIMES SQUARE
`NEW YORK, NEW YORK UNITED STATES 10036-6569
`Phone: (212) 326-0875
`Correspondent e- tlee@pryorcashman.com tmdocketing@pryorcash
`mail: man.com
`
`Fax: (212) 798-6369
`Correspondent e- Yes
`mail Authorized:
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jan. 17, 2017
`Dec. 15, 2016
`Dec. 14, 2016
`Dec. 06, 2016
`Nov. 16, 2016
`Dec. 06, 2016
`Nov. 16, 2016
`Nov. 16, 2016
`Nov. 16, 2016
`Aug. 31, 2016
`Aug. 30, 2016
`Aug. 18, 2016
`Aug. 18, 2016
`Mar. 03, 2016
`Mar. 02, 2016
`Feb. 17, 2016
`Feb. 17, 2016
`Feb. 17, 2016
`Sep. 03, 2015
`Sep. 02, 2015
`Aug. 19, 2015
`Aug. 30, 2015
`Aug. 19, 2015
`Feb. 21, 2015
`Feb. 19, 2015
`Feb. 19, 2015
`Feb. 19, 2015
`
`REGISTERED-PRINCIPAL REGISTER
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`STATEMENT OF USE PROCESSING COMPLETE
`USE AMENDMENT FILED
`DIVISIONAL PROCESSING COMPLETE
`DIVISIONAL REQUEST RECEIVED
`TEAS STATEMENT OF USE RECEIVED
`TEAS REQUEST TO DIVIDE RECEIVED
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`EXTENSION 4 GRANTED
`EXTENSION 4 FILED
`TEAS EXTENSION RECEIVED
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`EXTENSION 3 GRANTED
`EXTENSION 3 FILED
`TEAS EXTENSION RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`EXTENSION 2 GRANTED
`EXTENSION 2 FILED
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`TEAS EXTENSION RECEIVED
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`EXTENSION 1 GRANTED
`EXTENSION 1 FILED
`TEAS EXTENSION RECEIVED
`
`Proceeding
`Number
`
`65362
`65362
`
`65362
`65362
`
`65362
`65362
`
`65362
`65362
`65362
`
`98765
`98765
`
`

`

`Aug. 19, 2014 NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`Jun. 24, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`Jun. 24, 2014 PUBLISHED FOR OPPOSITION
`Jun. 04, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`May 21, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 66213
`May 20, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER
`May 20, 2014 EXAMINER'S AMENDMENT ENTERED 88888
`May 20, 2014 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328
`May 20, 2014 EXAMINERS AMENDMENT E-MAILED 6328
`May 20, 2014 EXAMINERS AMENDMENT -WRITTEN 67516
`May 20, 2014 PREVIOUS ALLOWANCE COUNT WITHDRAWN
`Mar. 29, 2014 WITHDRAWN FROM PUB - OG REVIEW QUERY 76621
`Mar. 14, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 66213
`Mar. 13, 2014 ASSIGNED TO LIE 66213
`Feb. 25, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER
`Feb. 13, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 88889
`Feb. 12, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889
`Feb. 12, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED
`Nov. 21, 2013 NOTIFICATION OF PRIORITY ACTION E-MAILED 6326
`Nov. 21, 2013 PRIORITY ACTION E-MAILED 6326
`Nov. 21, 2013 PRIORITY ACTION WRITTEN 67516
`Nov. 20, 2013 ASSIGNED TO EXAMINER 67516
`Aug. 13, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`Aug. 09, 2013 NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`TM Staff Information - None
`File Location
`Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Dec. 14, 2016
`
`

`

`revt
`
`tate« of arin eric,„
`
`ZEIntteb i'tate 5 Vatent attb Trabeittarti office if
`
`YZY
`
`Reg. No. 5,227,726
`Registered Jun. 20, 2017
`Int. Cl.: 25
`Trademark
`Principal Register
`
`Mascotte Holdings, Inc. (CALIFORNIA CORPORATION)
`c/o Pryor Cashman LLP, 7 Times Square
`New York, NY 10036
`
`CLASS 25: Footwear
`
`FIRST USE 2-14-2015; IN COMMERCE 2-14-2015
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`The Name "YZY" identifies a living individual whose consent is of record.
`
`SER. NO. 87-237,690, FILED 11-15-2016
`MEREDITH Z MARESCA, EXAMINING ATTORNEY
`
`347k //la
`
`Performing the Functions and Duties of the
`Under Secretary of Commerce for
`Intellectual Property and Director of the
`United States Patent and Trademark Office
`
`

`

`REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
`
`WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
`DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
`
`Requirements in the First Ten Years*
`What and When to File:
`
`• First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
`years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
`registration will continue in force for the remainder of the ten-year period, calculated from the registration
`date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
`
`• Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
`for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
`
`Requirements in Successive Ten-Year Periods*
`What and When to File:
`
`• You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
`between every 9th and 10th-year period, calculated from the registration date.*
`
`Grace Period Filings*
`
`The above documents will be accepted as timely if filed within six months after the deadlines listed above with
`the payment of an additional fee.
`
`*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an
`extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
`(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
`The time periods for filing are based on the U.S. registration date (not the international registration date). The
`deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
`nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
`do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
`international registration at the International Bureau of the World Intellectual Property Organization, under
`Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
`date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
`international registration, see http://www.wipo.int/madrid/en/.
`
`NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
`USPTO website for further information. With the exception of renewal applications for registered
`extensions of protection, you can file the registration maintenance documents referenced above online at h
`ttp://www.uspto.gov.
`
`NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
`owners/holders who authorize e-mail communication and maintain a current e-mail address with the
`USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
`Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
`available at http://www.uspto.gov.
`
`Page: 2 of 2 / RN #5227726
`
`

`

`Generated on: This page was generated by TSDR on 2018-02-07 15:17:41 EST
`Mark: YZY
`
`US Serial Number: 87237690 Application Filing Nov. 15, 2016
`Date:
`US Registration 5227726 Registration Date: Jun. 20, 2017
`Number:
`Filed as TEAS RF: Yes Currently TEAS RF: Yes
`Register: Principal
`Mark Type: Trademark
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`Status Date: Jun. 20, 2017
`Publication Date: Apr. 04, 2017
`
`Mark Information
`
`Mark Literal YZY
`Elements:
`Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`Claim:
`Mark Drawing 4 - STANDARD CHARACTER MARK
`Type:
`Name Portrait The Name "YZY" identifies a living individual whose consent is of record.
`Consen