throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA880255
`02/28/2018
`
`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 party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Michael Rodriguez
`
`Individual
`
`3131 Maple Avenue
`10B
`Dallas, TX 75201
`UNITED STATES
`
`Citizenship
`
`UNITED STATES
`
`Richard P. Bobowski
`Friedman & Feiger, L.L.P.
`5301 Spring Valley Road
`Suite 200
`Dallas, TX 75254
`UNITED STATES
`Email: rbobowski@fflawoffice.com
`Phone: 972-788-1400
`
`Applicant Information
`
`Application No
`
`87385164
`
`Publication date
`
`01/30/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`02/28/2018
`
`Opposition Peri-
`od Ends
`
`03/01/2018
`
`Mesero Restaurant Group LLC
`5495 Belt Line Rd, Suite 390
`Dallas, TX 75254
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 043. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Restaurant services
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Applicant not rightful owner of mark for identified
`goods or services
`
`Trademark Act Section 2(d)
`
`Trademark Act Section 1
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`"Mesero" and "Mr Mesero"
`
`Restaurant services
`
`

`

`Attachments
`
`Notice_of_Opposition_with_Exhibits.pdf(1004036 bytes )
`
`Signature
`
`/Richard P Bobowski/
`
`Name
`
`Date
`
`Richard P. Bobowski
`
`02/28/2018
`
`

`

`NOTICE OF OPPOSITION TO REGISTRATION
`
`1. The Application of Mesero Restaurant Group, LLC (“Applicant’), Serial
`Number 87385164 (the “Applicaton”), for the registration of “MESERO” (the
`“Mark”) in connection with restaurant services should be refused registration
`because (i) Applicant does not have exclusive ownership of the Mark in
`connection with restaurant services, as Michael “Mico” Rodriguez C’Opposer”)
`claims such ownership, and (2)
`the Mark is confusingly similar to the
`trademark used by Opposer since November 11. 2011.
`
`2. As stated in the Affidavit of Opposer, attached hereto as Exhibit “A”, Opposer
`has continuously used “Mesero” in connection with his restaurant business
`since November 11, 2011, and, therefore, prior use by Opposer.
`
`3. As further set forth in Opposer’s Affidavit, Opposer has not assigned his rights
`in the trademark “Mesero” to Applicant or any other person.
`
`in connection with his “Mr. Mesero”
`4. Opposer continues to use “Mesero”
`restaurant in Dallas, Texas, as evidenced by the image from the restaurant’s
`website, attached hereto as Exhibit “B”.
`
`5. Opposer would be damaged by the registration of the confusingly similar use
`of “Mesero” by Applicant in similarly-styled restaurants.
`
`6. Based upon the foregoing, Opposer asks that the United States Patent and
`Trademark Office refuse registration of the Mark under the Application.
`
`

`

`AFFIDAVIT OF MICHAEL “MICO” RODRIGUEZ
`
`§§
`
`§
`
`STATE OF TEXAS
`
`COUNTY OF DALLAS
`
`BEFORE ME, the undersigned Notary Public, on this day personally appeared
`Michael “Mico” Rodriguez, who having been by me first duly sworn according to
`law, upon his oath deposed and stated as follows:
`
`I
`I am over 18 years of age.
`“My name is Michael “Mico” Rodriguez.
`I.
`am of sound mind, have never been convicted of a crime involving moral turpitude,
`and I am fully competent to make this Affidavit. The statements contained in this
`Affidavit are true and correct.
`
`1 first used “Mesero” in connection with restaurant operations when I
`2.
`opened “Mr. Mesero” in Dallas, Texas on November 11, 2011.
`1 subsequently
`participated in several other restaurants incorporating the “Mesero” name.
`
`Although “Mesero” appears in the names of Texas limited liability
`3.
`companies with whom I am or have been associated,
`I have never conveyed,
`licensed,
`transferred or otherwise disposed of my common law rights in the
`trademark/service mark “Mesero” to any person or entity,
`including, without
`limitation, Mesero Restaurant Group, LLC, in connection with restaurant operations.
`I continue to operate “Mr. Mesero” in Dallas, Texas.
`
`FURTHER AFFIANT SAYETH NOT.”
`
`A
`Michae’ “Mico” Rodrig’ ez
`
`.wiiaA
`
`SUBSCRIBED AND SWORN BE.ORE ME in this
`2018, to certify which witnes.
`y ha. i a•’ official sea
`
`r
`
`day of
`
`A
`
`ublic in and for the State of Texas
`
`Nota
`
`S ~ •
`
`$
`
`80784
`
`

`

`12/8/2017
`
`Mr Mesero - American standards + Mexican classics
`
`~A~SERO
`
`american+mexicari
`
`‘-I
`
`;t.
`
`—
`
`.1:
`
`-4
`
`ENJOY THE FOOD
`
`~:
`
`4..
`
`WELCOME TO MESERO
`
`After creating a wardrobe of successful restaurant concepts and being part of very
`special projects with a collection of very talented people,
`please enjoy my latest
`creation. Mr. Mesero features American Standards + Mexican classits. which has
`become highly regarded by our old friends and new. lye got a table For you.
`
`See You In The Restaurants
`
`V
`
`S
`
`SI
`
`5
`
`a
`
`space. Enjoy the food. Enjoy each other,
`
`L-A VIDA OCIA.
`
`‘Enjoy the
`
`DOWNLOAD OUR
`• — MOBILE APP:
`
`Apptore I;.Inr~Egi
`
`@Ied s
`
`

`

`http ://www. rn rrnesero. corn!
`
`

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