Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA907040
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`Filing date:
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`07/02/2018
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91241363
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`Party
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`Correspondence
`Address
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`Defendant
`The Baked Bear
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`JEFFREY KNOLL
`JSK LAW, PLLC
`4428 E. CALLE TUBERIA
`PHOENIX, AZ 85018
`Email: jknoll@jsklawpllc.com
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Answer
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`Jeffrey S. Knoll
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`jknoll@jsklawpllc.com
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`/Jeffrey S Knoll/
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`07/02/2018
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`Attachments
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`ANSWER TO NOTICE OF OPPOSITION.pdf(467347 bytes )
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`
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`ESTTA Tracking number:
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`ESTTA907040
`
`Filing date:
`
`07/02/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91241363
`
`Party
`
`Correspondence
`Address
`
`Defendant
`The Baked Bear
`
`JEFFREY KNOLL
`JSK LAW, PLLC
`4428 E. CALLE TUBERIA
`PHOENIX, AZ 85018
`Email: jknoll@jsklawpllc.com
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
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`Date
`
`Answer
`
`Jeffrey S. Knoll
`
`jknoll@jsklawpllc.com
`
`/Jeffrey S Knoll/
`
`07/02/2018
`
`Attachments
`
`ANSWER TO NOTICE OF OPPOSITION.pdf(467347 bytes )
`
`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`MONSTER ENERGY COMPANY
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`Opposer,
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`THE BAKED BEAR,
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`Applicant.
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`______________________________________ )
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`Opposition No.: 91241363
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`Serial No.: 87237126
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`Mark:
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`COOKIE MONSTERS ONLY
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`ANSWER TO NOTICE OF OPPOSITION
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`The following is the Answer of The Baked Bear ((cid:862)Applicant(cid:863)), applicant of U.S. Trademark
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`Application No. 87237126 (the (cid:862)Application(cid:863)) for the mark COOKIE MONSTERS ONLY ((cid:862)Applicant’s
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`Mark(cid:863)), by and through Counsel, JSK LAW, PLLC, to the Notice of Opposition filed by Monster Energy
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`Company, (hereinafter (cid:862)Opposer(cid:863)).
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`1. Admitted.
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`2. Applicant is without knowledge or information sufficient to form a belief as to the truth of
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`allegations contained in paragraph 2 of the Notice of Opposition. Since Applicant can neither
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`admit nor deny the paragraph as written, Applicant must deny.
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`3. Applicant is without knowledge or information sufficient to form a belief as to the truth of
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`allegations contained in paragraph 3 of the Notice of Opposition. Since Applicant can neither
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`admit nor deny the paragraph as written, Applicant must deny.
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`[1]
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`4. Applicant is without knowledge or information sufficient to form a belief as to the truth of
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`allegations contained in paragraph 4 of the Notice of Opposition. Since Applicant can neither
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`admit nor deny the paragraph as written, Applicant must deny.
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`5. Denied.
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`6. Applicant is without knowledge or information sufficient to form a belief as to the truth of
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`claims contained in the first part of paragraph 6; namely, (cid:862)Opposer’s common law rights.(cid:863) Since
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`Applicant can neither admit nor deny the paragraph as written, Applicant must deny. Admitted
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`as to Opposer’s ownership of U.S. Trademark Registration No. 5,114,854.
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`7. Admitted.
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`8. Admitted.
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`9. Admitted.
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`10. Admitted.
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`11. Admitted.
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`12. Admitted.
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`13. Admitted.
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`14. Admitted.
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`15. Admitted.
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`16. Admitted.
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`17. Admitted.
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`18. Admitted.
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`19. Admitted.
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`20. Admitted.
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`21. Admitted.
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`22. Admitted.
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`[2]
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`23. Admitted.
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`24. Admitted.
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`25. Admitted.
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`26. Admitted.
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`27. Admitted.
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`28. Admitted.
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`29. Admitted.
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`30. Admitted.
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`31. Denied, as Applicant is without knowledge or information sufficient to form a belief as to the
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`validity of Opposer’s cited marks or registrations thereof; or Opposer’s ownership of Opposer’s
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`cited marks.
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`32. Denied, as Applicant is without knowledge or information sufficient to form a belief as to the
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`validity of Opposer’s cited marks or registrations thereof; Opposer’s ownership of Opposer’s
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`cited marks; or Opposer’s exclusive right to use the registered marks in commerce.
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`33. Applicant is without knowledge or information sufficient to form a belief as to the truth of the
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`claims made in the first part of paragraph 33 of the Notice of Opposition. Since Applicant cannot
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`admit nor deny the claims made by Opposer in the first part of paragraph 33, Applicant must
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`deny. Applicant denies all claims and inferences in the second part of paragraph 33; namely,
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`that (cid:862)some(cid:863) of Opposer’s marks were well established and famous long before Applicant’s filing
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`date and alleged first use of Applicant’s Mark.
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`34. Admitted.
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`35. Denied.
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`36. Denied.
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`FURTHERMORE, Applicant sets forth the following affirmative defenses in support of its position:
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`[3]
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`37. Applicant’s Mark is unique and distinctive.
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`38. The wording in Applicant’s Mark and Opposer’s marks are different.
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`39. Applicant’s Mark is different in spelling and pronunciation.
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`40. Applicant’s Mark and Opposer’s marks create different commercial impressions.
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`41. Opposer’s Marks contain numerous words and/or features not present in Applicant’s Mark.
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`42. Applicant’s Mark contains the word (cid:862)COOKIE(cid:863) not present in any of Opposer’s marks.
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`43. Applicant’s Mark contains the work (cid:862)ONLY(cid:863) not present in any of Opposer’s marks.
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`44. Applicant’s Mark contains the word (cid:862)MONSTERS(cid:863) not present in any of Opposer’s marks.
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`45. (cid:862)MONSTER(cid:863) – the singular use of Applicant’s word (cid:862)MONSTERS(cid:863) is the only commonality
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`between Applicant’s Mark and Opposer’s marks. (cid:862)MONSTER(cid:863) is a generic word.
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`46. (cid:862)MONSTER(cid:863) is registered in numerous trademarks not owned by Petitioner.
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`47. (cid:862)MONSTER(cid:863) is used in commerce by third parties as part of numerous trademarks not owned by
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`Opposer.
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`48. Applicant’s Mark and Opposer’s marks are not likely to cause confusion, mistake or deception to
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`purchasers as to the source of Applicant’s goods or services.
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` WHEREFORE, Applicant respectfully requests that the Trademark Trial and Appeal Board deny
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`the Opposer’s opposition and allow the continued registration of U.S. Trademark Application No.
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`87237126.
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`Dated this 2nd day of July, 2018.
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`By: ___/Jeffrey S. Knoll/___________
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`Jeffrey S. Knoll, Esq., LLM
`2130 E. Kaler Dr.
`Phoenix, AZ 85020
`(602)451-7113
`jknoll@jsklawpllc.com
`Attorney for Applicant, THE BAKED BEAR
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`[4]
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