Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA960470
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`Filing date:
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`03/15/2019
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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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`91246722
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`Party
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`Correspondence
`Address
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`Defendant
`Shenzhen Bell Creative Science and Education Co., Ltd.tion Co., Ltd.
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`GULNAZ T. DONAHUE
`BAYES PLLC
`1765 GREENSBORO STATION PLACE, SUITE 900
`MCLEAN, VA 22102
`gulnaz.donahue@bayes.law, anna.oconnor@bayes.law, wayne.zou@bayes.law
`no phone number provided
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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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`Gulnaz T. Donahue
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`gulnaz.donahue@bayes.law
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`/Gulnaz T. Donahue/
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`03/15/2019
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`Attachments
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`ANSWER to Opp 91246722.pdf(139054 bytes )
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
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`Opposition No.: 91246722
`Application Serial No.: 87/855,265
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`Mark:
`Published: February 19, 2019
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`
` v.
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`Textron Innovations Inc.,
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` Plaintiff/Opposer,
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`Shenzhen Bell Creative Science and Education Co., Ltd.
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` Defendant/Applicant.
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`Trademark Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`For online submission via ESTTA
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`ANSWER AND AFFIRMATIVE DEFENSES OF SHENZHEN BELL CREATIVE
`SCIENCE AND EDUCATION CO., LTD.
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`Defendant/Applicant Shenzhen Bell Creative Science and Education Co., Ltd.
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`(“Applicant”), a limited company of China, located at Rm 902, S. Block, Yuanxing Tech. Bldg.
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`No.1, Songpingshan Road, Nanshan Dist., Shenzhen, China 518057, submits its Answer and
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`Affirmative Defenses to Textron Innovations Inc.’s (“Opposer”) Notice of Opposition filed on
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`March 1, 2019. Applicant denies the allegations and characterizations in Opposer’s Notice of
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`Opposition unless expressly admitted in the following paragraphs:
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`1
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`ANSWER
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`With respect to the numbered paragraphs of Opposer’s Notice of Opposition, Applicant
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`answers using corresponding paragraph numbers as follows:
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`1. Paragraph 1 states legal conclusions as to which no response is required. Applicant lacks
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`information or knowledge sufficient to form a belief as to the truth or falsity of the averments of
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`Paragraph 1, particularly as to the adoption, continuous use of the word “BELL” in whole or in
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`part as a trademark for a wide range of goods and services including goods and services in Classes
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`28 and 41, and therefore denies each and every averment contained therein.
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`2. Applicant lacks information or knowledge sufficient to form a belief as to the truth or
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`falsity of the averments of Paragraph 2, particularly as to the common law rights in the alleged
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`BELL trademarks and the nature of relationship between Opposer and Bell Helicopter Textron
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`Inc., and therefore denies each and every averment contained therein.
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`3. Applicant admits that the Trademark Trial and Appeal Board records speak for themselves.
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`Paragraph 3 states legal conclusions as to which no response required, Applicant lacks information
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`or knowledge sufficient to form a belief as to the truth or falsity of the averments of Paragraph 3,
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`and therefore denies each and every averment contained therein.
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`4. Applicant admits Trademark Registration Numbers 0937437; 2883983; 3141636;
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`3141642; 3123717; 3217097; 3205268; 3221574; 3287862; 3301792; 4482293; 4476030;
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`4641726; 4625475; 4625476; 4556721; 5338836 speak for themselves. Paragraph 4 states legal
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`conclusions as to which no response is required. Applicant lacks information or knowledge
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`sufficient to form a belief as to the truth or falsity of the averments of Paragraph 4, particularly as
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`to the prior use, ownership and validity of the Trademark Registration Numbers 0937437;
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`2883983; 3141636; 3141642; 3123717; 3217097; 3205268; 3221574; 3287862; 3301792;
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`4482293; 4476030; 4641726; 4625475; 4625476; 4556721; 5338836, and therefore denies them.
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`5. Applicant admits that it seeks federal registration of its mark
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`for the
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`goods and services listed in its Application Serial No.: 87/855,265.
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`6. Paragraph 6 states legal conclusions as to which no response is required Applicant lacks
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`information or knowledge sufficient to form a belief as to the truth or falsity of the averments of
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`Paragraph 6, and therefore denies each and every averment contained therein.
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`7. Paragraph 7 states legal conclusions as to which no response is required Applicant lacks
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`information or knowledge sufficient to form a belief as to the truth or falsity of the averments of
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`Paragraph 7, and therefore denies each and every averment contained therein.
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`8. Denied.
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`9. Paragraph 9 states legal conclusions as to which no response is required. Applicant lacks
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`information or knowledge sufficient to form a belief as to the truth or falsity of the averments of
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`Paragraph 9, particularly that Opposer’s marks are famous and distinctive and that Applicant’s
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`mark will dilute the capacity of Opposer’s marks, and therefore denies each and every averment
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`contained therein.
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`With respect to Opposer’s request for relief, Applicant denies that Opposer is entitled to
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`having this Opposition sustained and further denies that Opposer is entitled to having the
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`registration of Applicant’s Application No. 87/855,265 denied.
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`Applicant respectfully requests the Board to dismiss the Opposition with prejudice.
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`AFFIRMATIVE DEFENSES
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`Applicant undertakes the burden of proof only as to those defenses deemed affirmative
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`defenses by law, regardless of how such defenses are denominated below. Pursuant to Sections
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`311.02(b) and 311.02(d) of the Trademark Trial and Appeal Board Manual of Procedure
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`Applicant, as affirmative defenses to the Notice of Opposition, pleads as follows:
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`1. Applicant affirmatively alleges that the Notice of Opposition fails to state facts sufficient
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`to constitute a claim upon which relief can be granted.
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`2. Applicant affirmatively alleges that there is no likelihood of confusion, mistake or
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`deception.
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`3. Applicant affirmatively alleges that there is no likelihood of confusion, mistake or
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`deception with respect to Applicant’s goods and services as set forth in the Application and any
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`and all of the Opposer’s goods and services.
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`4. Applicant affirmatively alleges that Opposer’s marks are so dissimilar to Applicant’s mark
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`that there is no likelihood of confusion as to the source of the goods or services to any purchasers.
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`5. Applicant affirmatively alleges that Applicant’s mark
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`looks entirely
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`different in appearance from the Opposer’s BELL and
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`marks.
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`6. Applicant affirmatively alleges that Applicant’s mark and Opposer’s pleaded marks are not
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`confusingly similar at least because of the different appearances, connotations, sounds and the
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`overall different commercial impressions between the marks.
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`7. Applicant affirmatively alleges that the goods and services rendered under the Applicant’s
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`mark do not travel through the same channels of trade as the Opposer’s pleaded marks.
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`8. Applicant affirmatively alleges that there is no likelihood of confusion because Opposer’s
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`customers are sophisticated aviation enthusiasts.
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`9. Applicant affirmatively alleges that both Applicant and the Opposer operate in different
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`fields of business avoiding any likelihood of confusion.
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`10. Applicant affirmatively alleges that “aircraft; namely, airborne vehicles that derive
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`support from the atmosphere, specifically helicopters, and air cushion vehicles; namely, airborne
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`vehicles that derive support from the reaction of a cushion of air against the earth's surface and
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`are incapable of flight without the support of such cushion” in International Class 12 as listed in
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`Opposer’s Registration No. 0937437 are not related to Applicant’s International Class 28 goods
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`and Applicant’s International Class 41 services found in its Application Serial No.: 87/855,265.
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`11. Applicant affirmatively alleges that “aircraft, helicopters and structural parts therefor”
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`in International Class 12 as listed in Opposer’s Registration No. 2883983 are not related to
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`Applicant’s International Class 28 goods and International Class 41 services found in its
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`Application Serial No.: 87/855,265.
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`12. Applicant affirmatively alleges that “providing customer support services in the field of
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`aviation” in International Class 35 as listed in Opposer’s Registration No. 2883983 are not related
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`to Applicant’s International Class 28 goods and International Class 41 services found in its
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`Application Serial No.: 87/855,265.
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`13. Applicant affirmatively alleges that “educational and training services, namely,
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`conducting classes, workshops and seminars in the field of aviation” in International Class 41 as
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`listed in Opposer’s Registration No. 2883983 are not related to Applicant’s International Class 28
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`goods and International Class 41 services found in its Application Serial No.: 87/855,265.
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`14. Applicant affirmatively alleges that “educational and training services, namely,
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`conducting classes, workshops and seminars in the field of aviation” in International Class 41 as
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`listed in Opposer’s Registration No. 2883983 are not related to Applicant’s International Class 41
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`services “Arranging professional workshop and training courses in the field of exercise, fitness,
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`game, toys and robots; Education services, namely, providing tutoring in the fields of exercise,
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`fitness, games, toys and robots; Educational services, namely, conducting classes, seminars,
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`conferences and workshops in the field of exercise, fitness, games, toys and robots; Entertainment
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`services, namely, providing brain training games on-line and in mobile wireless form;
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`Entertainment services, namely, providing on-line computer games; Games equipment rental;
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`Gymnastic instruction; Production and distribution of monoscopic and stereoscopic, electronic,
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`digital video and film; Production and distribution of videos in the field of exercise, fitness, games,
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`toys and robots; Publication of books; Scriptwriting services for non-advertising purposes; Toy
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`rental” found in its Application Serial No.: 87/855,265.
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`15. Applicant affirmatively alleges that “ornamental lapel pins” in International Class 14 as
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`listed in Opposer’s Registration No. 3141636 are not related to Applicant’s International Class 28
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`goods and International Class 41 services found in its Application Serial No.: 87/855,265.
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`16. Applicant affirmatively alleges that “ornamental lapel pins” in International Class 14 as
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`listed in Opposer’s Registration No. 3141642 are not related to Applicant’s International Class 28
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`goods and International Class 41 services found in its Application Serial No.: 87/855,265.
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`17. Applicant affirmatively alleges that “pens, letter openers, CD case openers, holders for
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`notepads, document portfolios, calendars, calendar stands, decals, paperweights, desktop
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`business card holders, desk stands and holders for pens, photo albums, photo storage boxes,
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`posters, and notebooks” in International Class 16 as listed in Opposer’s Registration No. 3123717
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`are not related to Applicant’s International Class 28 goods and International Class 41 services
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`found in its Application Serial No.: 87/855,265.
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`18. Applicant affirmatively alleges that “carry-all bags, duffel bags, tote bags, attaché
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`cases, luggage tags, and wallets” in International Class 18 as listed in Opposer’s Registration
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`No. 3217097 are not related to Applicant’s International Class 28 goods and International Class
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`41 services found in its Application Serial No.: 87/855,265.
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`19. Applicant affirmatively alleges that “golf balls, scale model aircraft, teddy bears, flying
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`discs, and toy helicopters” in International Class 28 as listed in Opposer’s Registration No.
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`3205268 are not related to Applicant’s International Class 28 goods and International Class 41
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`services found in its Application Serial No.: 87/855,265.
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`20. Applicant affirmatively alleges that “golf balls, scale model aircraft, teddy bears, flying
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`discs, and toy helicopters” in International Class 28 as listed in Opposer’s Registration No.
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`3205268 are not related to Applicant’s International Class 28 goods “Amusement game machines;
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`Body-building apparatus; Construction toys; In-line roller skates; Interlocking construction toys;
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`Manually-operated exercise equipment for physical fitness purposes; Physical fitness equipment,
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`namely, exercise bands, training bars; Toy construction sets; Toy robots, Transforming robotic
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`toys; Wrist guards for athletic use” found in its Application Serial No.: 87/855,265.
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`21. Applicant affirmatively alleges that “carry-all bags, duffel bags, tote bags, attaché cases,
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`luggage tags, and wallets” in International Class 18 as listed in Opposer’s Registration No.
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`3221574 are not related to Applicant’s International Class 28 goods and International Class 41
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`services found in its Application Serial No.: 87/855,265.
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`22. Applicant affirmatively alleges that “pens, letter openers, holders for notepads,
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`document portfolios, calendars, decals, paperweights, desktop business card holders, desk
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`stands and holders for pens, posters, and notebooks” in International Class 16 as listed in
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`Opposer’s Registration No. 3287862 are not related to Applicant’s International Class 28 goods
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`and International Class 41 services found in its Application Serial No.: 87/855,265.
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`23. Applicant affirmatively alleges that “scale model airplanes, and toy helicopters” in
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`International Class 28 as listed in Opposer’s Registration No. 3301792 are not related to
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`Applicant’s International Class 28 goods and International Class 41 services found in its
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`Application Serial No.: 87/855,265.
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`24. Applicant affirmatively alleges that “scale model airplanes, and toy helicopters” in
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`International Class 28 as listed in Opposer’s Registration No. 3301792 are not related to
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`Applicant’s International Class 28 goods “Amusement game machines; Body-building apparatus;
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`Construction toys; In-line roller skates; Interlocking construction toys; Manually-operated
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`exercise equipment for physical fitness purposes; Physical fitness equipment, namely, exercise
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`bands, training bars; Toy construction sets; Toy robots, Transforming robotic toys; Wrist guards
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`for athletic use” found in its Application Serial No.: 87/855,265.
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`25. Applicant affirmatively alleges that “financial services, namely, providing loans for
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`helicopters” in International Class 36 as listed in Opposer’s Registration No. 4482293 are not
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`related to Applicant’s International Class 28 goods and International Class 41 services found in its
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`Application Serial No.: 87/855,265.
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`26. Applicant affirmatively alleges that “conducting training classes, workshops, and
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`seminars in the field of aviation only” in International Class 41 as listed in Opposer’s Registration
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`No. 4476030 are not related to Applicant’s International Class 41 services “Arranging professional
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`workshop and training courses in the field of exercise, fitness, game, toys and robots; Education
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`services, namely, providing tutoring in the fields of exercise, fitness, games, toys and robots;
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`Educational services, namely, conducting classes, seminars, conferences and workshops in the
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`field of exercise, fitness, games, toys and robots; Entertainment services, namely, providing brain
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`training games on-line and in mobile wireless form; Entertainment services, namely, providing
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`on-line computer games; Games equipment rental; Gymnastic instruction; Production and
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`distribution of monoscopic and stereoscopic, electronic, digital video and film; Production and
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`distribution of videos in the field of exercise, fitness, games, toys and robots; Publication of books;
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`Scriptwriting services for non-advertising purposes; Toy rental” found in its Application Serial
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`No.: 87/855,265.
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`27. Applicant affirmatively alleges that “customer services, namely, responding to customers
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`inquiries for others through the use of telecommunication devices and computer networks in the
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`field of avionics” in International Class 35 as listed in Opposer’s Registration No. 4641726 are not
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`related to Applicant’s International Class 28 goods and International Class 41 services found in its
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`Application Serial No.: 87/855,265.
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`28. Applicant affirmatively alleges that “providing extended warranties on new and used
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`helicopters and spare parts for helicopters” in International Class 36 as listed in Opposer’s
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`Registration No. 4641726 are not related to Applicant’s International Class 28 goods and
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`International Class 41 services found in its Application Serial No.: 87/855,265.
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`29. Applicant affirmatively alleges that “repair, maintenance, and overhaul of helicopters” in
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`International Class 37 as listed in Opposer’s Registration No. 4625475 are not related to
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`Applicant’s International Class 28 goods and International Class 41 services found in its
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`Application Serial No.: 87/855,265.
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`30. Applicant affirmatively alleges that “engineering services in the field of aviation only”
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`in International Class 42 as listed in Opposer’s Registration No. 4625476 are not related to
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`Applicant’s International Class 28 goods and International Class 41 services found in its
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`Application Serial No.: 87/855,265.
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`31. Applicant affirmatively alleges that “custom manufacture of helicopters to the
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`specification and order of others” in International Class 40 as listed in Opposer’s Registration
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`No. 4556721 are not related to Applicant’s International Class 28 goods and International Class
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`41 services found in its Application Serial No.: 87/855,265.
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`32. Applicant affirmatively alleges that “aircraft and structural parts therefore” in
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`International Class 12 as listed in Opposer’s Registration No. 5338836 are not related to
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`Applicant’s International Class 28 goods and International Class 41 services found in its
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`Application Serial No.: 87/855,265.
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`33. Applicant affirmatively alleges that Opposer marks are not famous.
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`34. Applicant affirmatively alleges that Opposer marks are not distinctive.
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`35. Applicant affirmatively alleges that Oppose does not own exclusive right to use the word
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`“BELL.”
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`36. Applicant affirmatively alleges that third parties have used similar marks for similar goods,
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`thus the Opposer’s marks are weak and entitled to a narrow scope of protection and cannot be
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`considered strong enough to preclude applications for marks that are, on their face, different from
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`Opposer’s existing marks.
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`37. Any and all acts alleged to have been committed by Applicant were performed with lack
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`of knowledge and lack of willful intent.
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`38. Applicant expressly reserves the right to plead all affirmative defenses and any other
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`defenses that may now exists or in the future become available from discovery or other
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`investigation during this Opposition.
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`WHEREFORE, Applicant respectfully requests the Board to dismiss the Opposition with
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`prejudice.
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`Date: March 15, 2019
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`Respectfully submitted,
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`BAYES, PLLC
`/Gulnaz T. Donahue/
`Zhiwei Zou
`Gulnaz T. Donahue
`Attorneys for Defendant/Applicant
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing ANSWER AND AFFIRMATIVE
`DEFENSES are being served on Plaintiff/Opposer Textron Innovations Inc., through their
`attorneys of record by transmitting a copy on March 15, 2019 via electronic mail at
`coakley@HDP.com, tcomparoni@hdp.com and agrubb@HDP.com read receipt requested.
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`Date: March 15, 2019
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`Signed: /Gulnaz T. Donahue/
`Gulnaz T. Donahue
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`BAYES PLLC
`1765 Greensboro Station Place, Suite 900
`McLean, VA 22102
`Telephone: (703) 785-6116
`Email: gulnaz.donahue@bayes.law
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`Attorney for Defendant/Applicant
`Shenzhen Bell Creative Science and Education Co.,
`Ltd.
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`12
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