Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA957439
`03/01/2019
`
`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
`
`Textron Innovations Inc.
`Corporation
`40 Westminster Street
`Providence, RI 02903
`UNITED STATES
`
`Citizenship
`
`Delaware
`
`Attorney informa-
`tion
`
`Lisabeth H. Coakley
`Harness, Dickey & Pierce, P.L.C.
`5445 Corporate Drive, Suite 200
`Troy, MI 48098
`UNITED STATES
`coakley@hdp.com, tjcomparoni@hdp.com, troymailroom@hdp.com
`(248) 641-1600
`
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`87855265
`03/01/2019
`
`Publication date
`Opposition Peri-
`od Ends
`Shenzhen Bell Creative Science and Education Co., Ltd.
`Rm 902, S. Block, Yuanxing Tech. Bldg.
`No.1 Songpingshan Road, Nanshan Dist.
`Shenzhen, 518057
`CHINA
`
`02/19/2019
`03/21/2019
`
`Goods/Services Affected by Opposition
`
`Class 028. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Amusement game machines; Body-building
`apparatus; Construction toys; In-line roller skates; Interlocking construction toys; Manually-operated
`exercise equipment for physical fitness purposes; Physical fitness equipment, namely, exercise
`bands, training bars; Toy construction sets; Toy robots, Transforming robotic toys; Wrist guards for
`athletic use
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Arranging professional workshop and train-
`ing courses in the field of exercise, fitness, game, toys and robots; Education services, namely,
`providing tutoring in the fields of exercise, fitness, games, toys and robots; Educational ser-
`vices,namely, conducting classes, seminars, conferences and workshops in the field ofexercise, fit-
`ness, games, toys and robots; Entertainment services, namely, providing brain training games on-line
`and in mobile wireless form; Entertainment services, namely, providing on-line computer games;
`Games equipment rental; Gymnastic instruction; Production and distribution of monoscopic and ste-
`reoscopic, electronic, digital video and film; Production and distribution of videos in the field of exer-
`cise, fitness, games, toys and robots; Publication of books; Scriptwriting services for non-advertising
`
`

`

`purposes; Toy rental
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`Dilution by tarnishment
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`937437
`
`07/11/1972
`
`Application Date
`
`04/06/1970
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BELL
`
`NONE
`
`Class 012. First use: First Use: 1937/10/21 First Use In Commerce: 1937/10/21
`AIRCRAFT; NAMELY, AIRBORNE VEHICLES THAT DERIVE SUPPORT
`FROM THE ATMOSPHERE, SPECIFICALLY HELICOPTERS, AND AIR CUSH-
`ION VEHICLES; NAMELY, AIRBORNE VEHICLES THATDERIVE SUPPORT
`FROM THE REACTION OF A CUSHION OF AIR AGAINST THE EARTH'S
`SURFACE AND ARE INCAPABLE OF FLIGHT WITHOUT THE SUPPORT OF
`SUCH CUSHION
`
`U.S. Registration
`No.
`Registration Date
`
`2883983
`
`09/14/2004
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`10/01/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 012. First use: First Use: 2002/02/14 First Use In Commerce: 2002/02/14
`Aircraft, helicopters [, hovercraft ] and structural parts therefor
`Class 035. First use: First Use: 2002/02/14 First Use In Commerce: 2002/02/14
`Providing customer support services in the field of aviation
`Class 041. First use: First Use: 2002/02/14 First Use In Commerce: 2002/02/14
`Educational and training services, namely, conducting classes, workshops and
`seminars in the field of aviation
`
`U.S. Registration
`
`3141636
`
`Application Date
`
`08/25/2005
`
`

`

`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`09/12/2006
`
`BELL
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 014. First use: First Use: 1979/00/00 First Use In Commerce: 1979/00/00
`Ornamental lapel pins
`
`U.S. Registration
`No.
`Registration Date
`
`3141642
`
`09/12/2006
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`08/26/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the word BELL witha curved line through the letters
`
`Class 014. First use: First Use: 2003/00/00 First Use In Commerce: 2003/00/00
`Ornamental lapel pins
`
`U.S. Registration
`No.
`Registration Date
`
`3123717
`
`08/01/2006
`
`Word Mark
`
`BELL
`
`Application Date
`
`08/26/2005
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the word BELL witha curved line through the letters.
`
`Class 016. First use: First Use: 2003/00/00 First Use In Commerce: 2003/00/00
`Pens, letter openers, CD case openers, holders for notepads, document portfoli-
`os, calendars, calendar stands, decals, paperweights, desktop business card
`holders, desk stands and holders for pens, photo albums, photo storage boxes,
`posters, and notebooks
`
`U.S. Registration
`No.
`Registration Date
`
`3217097
`
`03/13/2007
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`08/26/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the word BELL witha curved line through the letters.
`
`Class 018. First use: First Use: 2003/00/00 First Use In Commerce: 2003/00/00
`[ Leather key chains, golf umbrellas, ]carry-all bags, duffel bags, tote
`bags,attaché cases, [ shoe bags for travel, ] luggage tags, and wallets
`Class 021. First use: First Use: 2004/10/00 First Use In Commerce: 2004/10/00
`[ Shoeshine kits comprised primarily ofa shoe brush, shoe sponge, shoe polish-
`ing cloth, lint brush, shoe horn, shoe polish and sewing kit ]
`
`U.S. Registration
`No.
`Registration Date
`
`3205268
`
`02/06/2007
`
`Word Mark
`
`BELL
`
`Application Date
`
`08/26/2005
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the word BELL witha curved line through the letters.
`
`Class 028. First use: First Use: 2003/00/00 First Use In Commerce: 2003/00/00
`[ Chess sets, divot repair tools for golfers, golf accessory pouches, golf tees, ]
`golf balls, [ golf ball markers, golf bag covers, ] scale model aircraft, teddy bears,
`flying discs, [ toy banks, ] and toy helicopters
`
`U.S. Registration
`No.
`Registration Date
`
`3221574
`
`03/27/2007
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`08/25/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 018. First use: First Use: 1979/00/00 First Use In Commerce: 1979/00/00
`[ Leather key chains, golf umbrellas, ]carry-all bags, duffel bags, tote
`bags,attaché cases, [ shoe bags for travel, ] luggage tags, and wallets
`Class 021. First use: First Use: 2004/10/00 First Use In Commerce: 2004/10/00
`[Shoeshine kits comprised primarily of a shoe brush, shoe sponge, shoe polish-
`ing cloth, lint brush, shoe horn, and shoepolish, all sold as a unit]
`
`U.S. Registration
`No.
`Registration Date
`
`3287862
`
`09/04/2007
`
`Word Mark
`
`BELL
`
`Application Date
`
`08/25/2005
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 016. First use: First Use: 1968/00/00 First Use In Commerce: 1968/00/00
`Pens, letter openers, holders for notepads, document portfolios, calendars, [ cal-
`endar stands, ] decals, paperweights, desktop business card holders, desk
`stands and holders for pens, [ photo albums,] [ photo storage boxes, ] posters,
`andnotebooks
`
`U.S. Registration
`No.
`Registration Date
`
`3301792
`
`10/02/2007
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`08/25/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 028. First use: First Use: 1979/00/00 First Use In Commerce: 1979/00/00
`[ Chess sets, divot repair tools for golfers, golf accessory pouches, golf tees, golf
`balls, golf ball markers, golf bag covers, ] scale model airplanes, [ teddy bears,
`flying discs, toy banks, ] andtoy helicopters
`
`U.S. Registration
`No.
`Registration Date
`
`4482293
`
`02/11/2014
`
`Word Mark
`
`BELL
`
`Application Date
`
`11/12/2012
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 036. First use: First Use: 2005/06/00 First Use In Commerce: 2005/06/00
`Financial services, namely, providing loans for helicopters
`
`U.S. Registration
`No.
`Registration Date
`
`4476030
`
`01/28/2014
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`11/12/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 1946/01/01 First Use In Commerce: 1946/01/01
`Conducting training classes, workshops,and seminars in the field of aviation only
`
`U.S. Registration
`No.
`Registration Date
`
`4641726
`
`11/18/2014
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`11/12/2012
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1961/01/31 First Use In Commerce: 1961/01/31
`Customer services, namely, responding to customers inquiries for others
`throughthe use of telecommunication devices and computer networks in the field
`of avionics
`Class 036. First use: First Use: 1961/01/31 First Use In Commerce: 1961/01/31
`Providing extended warranties on new and used helicopters and spare parts for
`helicopters
`
`U.S. Registration
`No.
`Registration Date
`
`4625475
`
`10/21/2014
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`11/12/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 037. First use: First Use: 1961/01/01 First Use In Commerce: 1961/01/01
`Repair, maintenance, and overhaul of helicopters
`
`U.S. Registration
`No.
`Registration Date
`
`4625476
`
`10/21/2014
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`11/12/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 1961/01/01 First Use In Commerce: 1961/01/01
`Engineering services in the field of aviation only
`
`

`

`U.S. Registration
`No.
`Registration Date
`
`4556721
`
`06/24/2014
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`11/12/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 040. First use: First Use: 2011/01/01 First Use In Commerce: 2011/01/01
`Custom manufacture of helicopters to the specification and order of others
`
`U.S. Registration
`No.
`Registration Date
`
`5338836
`
`11/21/2017
`
`Word Mark
`Design Mark
`
`BELL
`
`Application Date
`
`03/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 012. First use: First Use: 1937/10/21 First Use In Commerce: 1937/10/21
`Aircraft and structural parts therefore
`
`Related Proceed-
`ings
`
`Consolidated Opposition No. 91245440 and Opposition to Trademark Applica-
`tion Serial No. 87855291 Filed in the Name of Bell Helicopter Textron Inc. and
`Textron Innovations Inc.
`
`Attachments
`
`76552505#TMSN.png( bytes )
`78700737#TMSN.png( bytes )
`78701645#TMSN.png( bytes )
`78701754#TMSN.png( bytes )
`78701766#TMSN.png( bytes )
`78701808#TMSN.png( bytes )
`78700790#TMSN.png( bytes )
`
`

`

`78700758#TMSN.png( bytes )
`78700829#TMSN.png( bytes )
`85776714#TMSN.png( bytes )
`85776738#TMSN.png( bytes )
`85776711#TMSN.png( bytes )
`85776717#TMSN.png( bytes )
`85776722#TMSN.png( bytes )
`85776726#TMSN.png( bytes )
`87392232#TMSN.png( bytes )
`87855265 Notice of Opposition TII 030119.pdf(2391991 bytes )
`
`Signature
`Name
`Date
`
`/Lisabeth H. Coakley/
`Lisabeth H. Coakley
`03/01/2019
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Attorney Docket No. 3191H-400007
`
`)
`
`) )
`
`Opposition No.
`Serial No. 87/855,265
`)
`) Mark: BELLAI (Stylized)
`)
`Published: February 19, 2019
`
`Textron Innovations Inc.,
`Opposer,
`
`V.
`
`Shenzhen Bell Creative Science and Education Co., Ltd.,
`Applicant.
`
`
`) )
`
`NOTICE OF OPPOSITION
`
`Opposer, Textron Innovations Inc., a Delaware corporation with a business address of 40
`
`Westminster Street, Providence, Rhode Island 02903, United States of America, hereby opposes
`
`registration of the mark BELLAI (Stylized) that is the subject of Trademark Application Serial No.
`
`87/855,265 in International Classes 28 and 41, published in the Official Gazette of February 19,
`
`2019, and requests that registration to Applicant be refused.
`
`As grounds in support of its opposition, Opposer asserts as follows:
`
`1 .
`
`For many years, and well prior to the filing ofthe subject application and long prior to
`
`any date of first use upon which Applicant can rely, Opposer, has adopted and continuously used
`
`“BELL” in whole or in part as a trademark for a wide range of goods and services including goods
`
`and services in Classes 28 and 41.
`
`2.
`
`Typically, Opposer’s BELL trademarks are initially filed in the name of Bell
`
`Helicopter Textron Inc. (BHTI) and then eventually, through a two—step process, assigned to
`
`Opposer, Textron Innovations Inc. (TH). Both Opposer and BHTI are owned by a common parent
`
`company and are legally related entities under the Trademark Act. Various TII owned marks are
`
`then licensed back to and used by BHTI. Thus, the BELL trademark, the common law rights in the
`
`233943871
`
`

`

`BELL trademarks, and the trademark registrations for the BELL marks asserted in this Notice of
`
`Opposition, initially filed in the name of BHTI, are all, at any given time, owned and/or used by
`
`either BHTI and/or TII that are again, legally related entities under the Trademark Act.
`
`3.
`
`This Notice of Opposition is related to consolidated Trademark Trial and
`
`Appeal Board case no. 91245440 and BHTI will or has also filed a Notice of Opposition to
`
`Trademark Application Serial No. 87/855,265.
`
`4.
`
`Opposer is the owner of the following United States Trademark Registrations all of
`
`which were filed and used prior to the Applicant’s filing date in March, 2018:
`
`
`Mark
`
`Reg. No. /
`Issued
`
`Class/Goods/Services
`
`BELL
`
`0,937,437
`07/1 1/1972
`
`Class 12: Aircraft; namely, airborne vehicles that derive support
`from the atmosphere, specifically helicopters, and air cushion
`vehicles; namely, airborne vehicles that derive support from the
`reaction of a cushion of air against the Earth’s surface and are
`
`Elma-be of Hi
`ht withouts- -0rt
`.
`
`
`Class 12: Aircraft, helicopters and structural parts therefor.
`“an.
`.
`.
`.
`.
`9-1 09/14/2004 Class 35: Prov1d1ng customer support serv1ces 1n the field of
`aviation.
`
`
`
`
`
`
`
`
`Class 41: Educational and training services, namely, conducting
`classes, workshops and seminars in the field of aviation.
`BELL
`3,141,636
`Class 14: Ornamental lapel pins.
`
`09/ 12/2006
`
`1'
`3,141,642
`Class 14: Ornamental lapel pins.
`5'55:
`09/12/2006
`
`
`“a...
`U--
`
`3,123,717,
`08/01/2006
`
`Class 16: Pens, letter openers, CD case openers, holders for
`notepads, document portfolios, calendars, calendar stands, decals,
`paperweights, desktop business card holders, desk stands and
`holders for pens, photo albums, photo storage boxes, posters, and
`
`notebooks.
`
`Class 18: Carry-all bags, duffel bags, tote bags, attache cases, 1
`Ba:! 3,217,097
`
`Iv-I
`03/ 13/2007
`luggage tags, and wallets.
`‘a.1.
`3,205,268
`Class 28: Golf balls, scale model aircraft, teddy bears, flying
`
`“-1 02/06/2007
`discs, and toy helicopters.
`
`BELL
`
`Class 18: Carry—all bags, duffel bags, tote bags, attache cases,
`3,221,574
`luggage tags, and wallets.
`03/27/2007
`Class 16: Pens, letter openers, holders for notepads, document
`3,287,862
`BELL
`
`09/04/2007
`portfolios, calendars, decals, paperweights, desktop business card
`
`23394387.!
`
`-2-
`
`

`

`Issued
`
`
`
`
`
`
`
`
`BELL
`3,301,792
`Class 28: Scale model airplanes, and toy helicopters.
`
`10/02/2007
`
`
`
`holders, desk stands and holders for pens, posters, and notebooks.
`
`
`
`
`
`
`
`
`
`BELL
`4,482,293
`Class 36: Financial services, namely, providing loans for
`
`02/1 1/2014
`helicopters.
`BELL
`4,476,030
`Class 41 : Conducting training classes, workshops, and seminars in
`
`01/28/2014
`the field of aviation only.
`4,641,726
`Class 35: Customer services, namely, responding to customers
`1 1/1 8/2014
`inquiries for others through the use oftelecommunication devices
`and computer networks in the field of avionics.
`Class 36: Providing extended warranties on new and used
`
`helicopters and spare parts for helicopters.
`4,625,475
`Class 37: Repair, maintenance, and overhaul of helicopters.
`
`10/21/2014
`4,625,476
`10/21/29_154.--,
`4,556,721
`06/24/2014
`
`L
`
`BELL
`
`BELL
`
`‘
`
`BELL
`
`Class 42: Engineering services in the field of aviation only.
`
`_
`
`BELL
`
`Class 40: Custom manufacture of helicopters to the specification
`and order of others.
`
`Class 12: Aircraft and structural parts therefore.
`5,338,836
`BELL
`
`1 1/21/2017
`
`(“Opposer’s Marks”). These registrations are valid, subsisting, and unrevoked. Together, Opposer’s
`
`common law use of the BELL trademark and Opposer’s Marks constitute a valuable group and/or
`
`family of BELL trademarks (“Opposer’s BELL Marks”.)
`
`5.
`
`Applicant has filed the following intent-to-use application:
`
`Serial No. /
`
`File Date /
`
`Pub. Date
`
`Services
`
`
`
`87/855,265 Class 28:
`
`Amusement game machines; Body-building
`03/29/2018 apparatus; Construction toys; ln-line roller skates; Interlocking
`02/ 19/2019 construction toys; Manually-operated exercise equipment for
`physical fitness purposes; Physical fitness equipment, namely,
`exercise bands, training bars; Toy construction sets; Toy robots,
`Transforming robotic toys; Wrist guards for athletic use.
`
`Class 41: Arranging professional workshop and training courses
`in the field of exercise, fitness, game, toys and robots; Education
`services, namely, providing tutoring in the fields of exercise,
`fitness, games, toys and robots; Educational services, namely,
`
`23394387.]
`
`

`

`Serial No. /
`
`File Date /
`
`Pub. Date
`
`
`
`conducting classes, seminars, conferences and workshops in the
`field of exercise, fitness, games, toys and robots; Entertainment
`services, namely, providing brain training games on-line and in
`mobile wireless form; Entertainment services, namely, providing
`on—line computer games; Games equipment rental; Gymnastic
`instruction; Production and distribution of monoscopic and
`stereoscopic, electronic, digital video and film; Production and
`distribution of videos in the field of exercise, fitness, games, toys
`and robots; Publication ofbooks; Scriptwriting services for non—
`advcrtising purposes; Toy rental.
`
`(“Applicant’s Mar ”).
`
`6.
`
`Opposer used, filed and registered the BELL Marks well prior to the filing of
`
`Applicant’s Mark filed under Section 1(b)
`
`7.
`
`Applicant’s Mark so resembles Opposer’s previously applied for and used BELL
`
`Marks as to be likely, when applied to the goods or services set forth in Applicant’s application, to
`
`cause confusion, mistake, or deception within the meaning of Section 2(d) of the Trademark Act.
`
`8.
`
`If Applicant’s Mark were to register, Opposer would be damaged as a result of this
`
`likely confusion.
`
`9.
`
`In addition, Opposer” s BELL Marks are famous and distinctive within the meaning of
`
`the Federal Dilution Act of 1995, as amended and Opposer’s BELL Marks became famous prior to
`
`Applicant adopted, allegedly began using and/or applied for Applicant’s Mark. Applicant’s Mark
`
`will or is likely to diminish the distinctiveness of Opposer’s famous Marks; consequently, Opposer
`
`will be further damaged by the registration of Applicant’ s mark because such registration will dilute
`
`the capacity of Opposer’s marks to identify and distinguish its goods and services within the
`
`meaning of the provisions of the Federal Trademark Dilution Act of 1995, as amended.
`
`23394387.]
`
`

`

`WHEREFORE, Opposer prays that the opposition be sustained and that registration to
`
`Respectfully Submitted,
`
`TEXTRON INNOVATIONS INC.
`
`By:
`
`( ‘ ngzé’ %Lisabeth H. Coakley
`
`HARNESS, DICKEY & PIERCE, P.L.C.
`
`Suite 200, 5445 Corporate Drive
`Troy, Michigan 48098
`T: 248-641-1600
`
`F: 248-641-0270
`
`Attorneys for Opposer, Textron Innovations
`Inc.
`
`Applicant be refused.
`
`Dated: February27,2019
`
`25394387.]
`
`