Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA920697
`
`Filing date:
`
`09/07/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91242715
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Attack Dogs Total Fitness, LLC
`
`ATTACK DOGS TOTAL FITNESS, LLC
`ATTACK DOGS TOTAL FITNESS, LLC
`6188 TIMBERWOOD N
`WEST BLOOMFIELD, MI 48322
`comps.prx@gmail.com
`no phone number provided
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Spencer Comps
`
`comps.prx@gmail.com
`
`/Spencer Comps/
`
`09/07/2018
`
`Attachments
`
`Answer to Opposition 91242715.pdf(71983 bytes )
`
`

`

`Answer to trademark opposition 91242715
`
`
`1. The Applicant admits to seeking registration on the Principal Register of the trademark 87671901
`for “Gloves; Hoodies; Leggings; Pants; Pullovers; Shirts; Shirts and short-sleeved shirts; Shorts;
`Socks; Sports bras; T-shirts; Underwear; Athletic shirts; Athletic shorts; Baseball caps and hats;
`Board shorts; Body shirts; Boxer shorts; Boxing shorts; Camp shirts; Clothing for athletic use,
`namely, padded shirts; Clothing for athletic use, namely, padded shorts; Fight shorts for mixed
`martial arts or grappling; Gym pants; Gym shorts; Hooded pullovers; Hooded sweat shirts;
`Hunting shirts; Jeggings, namely, pants that are partially jeans and partially leggings; Jogging
`pants; Leggings; Long sleeve pullovers; Long-sleeved shirts; Moisture-wicking sports bras;
`Moisture-wicking sports shirts; Panties, shorts and briefs; Short-sleeve shirts; Short-sleeved
`shirts; Short-sleeved or longsleeved t-shirts; Sliding shorts; Spats; Sport shirts; Sports pants;
`Sports shirts; Sports shirts with short sleeves; Sweat shirts; Sweat shorts; Tee shirts; Underwear,
`namely, boy shorts; Walking shorts; Wearable garments and clothing, namely, shirts; Yoga
`shirts” in International Class 25 based on alleged use of Applicant’s Mark in interstate commerce
`since November 1, 2017.
`2. The Applicant admits to Opposer’s previous use of mark in commerce.
`3. The Applicant admits to Opposer’s use of mark on promotional items previous to the filing date
`of the Applicant.
`4. The Applicant admits to worldwide use of Opposer’s mark in commerce. The Applicant is not
`provided with enough information to admit demand of promotional items created by the Opposer
`with use of their registered mark.
`5. The Applicant admits to Opposer’s use of mark at sporting events and promoted by sponsored
`athletes.
`6. The Applicant admits to Opposer’s use of mark on monsterenergy.com, through various social
`media sites, internet sites, on cans, at trade shows and live events.
`7. The Applicant admits to Opposer’s use of mark with sponsored athletes including, but not limited
`to, Rob Gronkowski (professional football player), Tiger Woods (professional golfer), David
`Bautista Jr. (professional wrestler, mixed martial arts athlete, and bodybuilder), Daniel Comier
`(professional mixed martial arts athlete and former Olympic wrestler), and Conor McGregor
`(professional mixed martial arts athlete).
`8. The Applicant admits to Opposer’s use of mark at sporting arenas including, but not limited to,
`the Los Angeles Angels MLB team’s stadium, the Arizona Cardinals NFL team’s stadium, the
`San Diego Chargers NFL team’s stadium, the Wells Fargo Center (where the Philadelphia 76ers
`NBA team plays and the Philadelphia Flyers NHL team plays), the Palace of Auburn Hills (where
`the Detroit Pistons NBA team played), and on the Zamboni during the Anaheim Ducks NHL
`team’s hockey games.
`9. The Applicant admits to Opposer’s valuable goodwill in development of registered mark.
`10. The Applicant admits to Opposer’s use of Trademark Registration No. 4,051,650 previous to the
`filing date of the Applicant mark.
`11. The Applicant admits to Opposer’s ownership of Trademark Registration No. 3,908,601 previous
`to the filing date of the Applicant mark.
`
`

`

`12. The Applicant admits to Opposer’s ownership of Trademark Registration No. 3,914,828 previous
`to the filing date of the Applicant mark.
`13. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 4,011,301
`previous to the filing date of the Applicant mark.
`14. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 4,332,062
`previous to the filing date of the Applicant mark.
`15. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 4,822,675
`previous to the filing date of the Applicant mark.
`16. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 4,660,598
`previous to the filing date of the Applicant mark.
`17. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 3,923,683
`previous to the filing date of the Applicant mark.
`18. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 3,963,669
`previous to the filing date of the Applicant mark.
`19. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 3,963,668
`previous to the filing date of the Applicant mark.
`20. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 3,908,600
`previous to the filing date of the Applicant mark.
`21. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 4,721,432
`previous to the filing date of the Applicant mark.
`22. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 2,903,214
`previous to the filing date of the Applicant mark.
`23. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 3,434,821
`previous to the filing date of the Applicant mark.
`24. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 3,434,822
`previous to the filing date of the Applicant mark.
`25. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 3,134,841
`previous to the filing date of the Applicant mark.
`26. The Applicant admits to the Opposer’s ownership of Trademark Registration No. 4,625,118
`previous to the filing date of the Applicant mark.
`27. The Applicant admits the Opposer’s marks are valid, subsisting, unrevoked and uncancelled as
`they constitute ​prima facie​ evidence. The Applicant admits the Opposer’s claim of ownership of
`the marks shown therein as provided in Sections 7(b), 22 and 33(a) of the Trademark Act.
`28. The Applicant admits the Trademark Registration Nos. 3,908,601, 3,914,828, 3,963,669,
`3,963,668, 3,908,600, 2,903,214, 3,434,821, 3,434,822, and 3,134,841 being incontestable as the
`Opposer owns exclusive rights to use them in commerce.
`29. The Applicant admits the Opposer has used ownership of their marks in commerce before the
`filing date of the Applicant’s mark.
`30. The Applicant admits to seeking unrestricted use of Applicant mark in International class 25. If
`such mark issues, exclusive rights will be given to the Applicant in commerce with no limitation
`thereon.
`31. The Applicant disagrees that the Opposer will be damaged in any way with the issuing of
`Applicant’s mark. The Applicant mark looks vastly different than any mark the Opposer currently
`
`

`

`has exclusive Trademark Registration rights to. The Applicant mark is composed of 5 main
`shapes that come together to outline that of a Dog’s head. All shapes in the Applicant’s mark are
`disconnected from each other, giving it a distinct differentiating look compared to the Opposer’s
`mark. The Opposer’s mark has three lines, all connected to form the outline of an “M”. The
`Opposer’s mark uses shapes that have tendencies to droop considerably more than shapes within
`the Applicant’s mark. The Applicant uses composing shapes that are defined, sharp, and
`distinctive by nature. The Applicant’s mark has no lettering in it, giving no such reason customers
`would confuse it with existing marks owned by the Opposer. The Applicant mark does not equate
`to that of a letter, whereas the Opposer’s mark clearly makes up the letter “M”.
`32. In the view of the Applicant, the Applicant’s mark should be entitled to Federal Registration. The
`Applicant mark and Opposer’s mark have many differences and can coexist in commerce without
`harm to either parties mark.
`33. The Applicant mark has many differences that distinguish the marks being used in commerce.
`The Opposer will not be damaged in any way after the Federal Registration of the Applicant
`mark. The Applicant mark is only applying to International class 25, the Opposer generates
`majority of their revenue with a mark used outside of International class 25, furthering the
`reasons why the Opposer will not be harmed in the Federal Registration of the Applicant mark.
`The Applicant mark is only advertised on the website of the Applicant and various social media
`sites. The Opposer’s mark will not be diluted in any way at sporting events, national television,
`trade shows, or at other promotional events as the Applicant will stay as an internet based
`company.
`34. Applicant asks and prays that Applicant mark No. 87671901 become a Federal Registration and
`that the Applicant can thereon use the mark within commerce permanently. The Applicant is
`entitled to Federal Registration of mark No. 87671901 as it is distinct enough not to conflict with
`any of the Opposer’s marks or damage their business in any form.
`
`