Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA992324
`
`Filing date:
`
`08/02/2019
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91249045
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Plaintiff
`Chanel, Inc.
`
`BARBARA A. SOLOMON
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`151 WEST 42ND STREET, 17TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`bsolomon@fzlz.com, ttabfiling@fzlz.com
`212-813-5900
`
`Request for Discovery Conference
`
`Barbara A. Solomon
`
`bsolomon@fzlz.com
`
`/Barbara A. Solomon/
`
`08/02/2019
`
`Attachments
`
`F3151133.pdf(144138 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA992324
`
`Filing date:
`
`08/02/2019
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91249045
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Plaintiff
`Chanel, Inc.
`
`BARBARA A. SOLOMON
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`151 WEST 42ND STREET, 17TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`bsolomon@fzlz.com, ttabfiling@fzlz.com
`212-813-5900
`
`Request for Discovery Conference
`
`Barbara A. Solomon
`
`bsolomon@fzlz.com
`
`/Barbara A. Solomon/
`
`08/02/2019
`
`Attachments
`
`F3151133.pdf(144138 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application Ser. N0.: 88/ 161,135
`Trademark: CC COCO ACCOM
`
`Published in the Ojficial Gazette on May 28, 2019
`
`CHANEL, INC.,
`
`- V_ _
`
`COCO ACCOM,
`
`Opposer,
`
`Applicant.
`
`
`
`Opposition No. 91/249045
`
`REQUEST FOR PARTICIPATION OF
`INTERLOCUTORY ATTORNEY IN DISCOVERY CONFERENCE
`
`Opposer Chanel, Inc. (“Chanel”), pursuant to 37 C.F.R. § 2.120(a)(2), hereby requests
`
`that a Board Interlocutory Attorney or Administrative Trademark Judge participate in a
`
`discovery conference in the above matter. Issue has been joined with Applicant filing a response
`
`to the Notice of Opposition on July 30, 2019. Under the current scheduling order, the parties are
`
`required to hold their discovery conference by no later than September 2, 2019. Pursuant to 37
`
`C.F.R. § 2.120(a)(2), this request for Board participation in the discovery conference is timely.
`
`
`Status and Historv of the Opposition
`
`Chanel, owner of numerous federal trademark registrations for both the CC monogram
`
`and COCO marks, filed Opposition No. 91/249045 against Applicant’s Application Serial No.
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`88/161,135 to register the mark CC COCO ACCOM. The basis for the opposition is that
`
`Applicant’s applied-for mark is likely to cause confusion with Chanel’s CC monogram and
`
`(F31507891 )
`
`
`
`COCO marks and is likely to dilute Chanel’s marks. The opposition was filed on June 24, 2019
`
`and proceedings were instituted on the same day.
`
`On July 30, 2019, a “Notice of Answer” was filed and served. The “Notice of Answer”
`
`appears to have been prepared and signed by Applicant. The “Notice of Answer” is in the nature
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`of a narrative or explanation about the inspiration for Applicant’s mark and otherwise provides
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`commentary on the Notice of Opposition filed by Chanel. There are no specific responses —
`
`whether admissions, denials, or statements of lack of knowledge information sufficient to form a
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`belief as to the truth of any allegations — to any of the 49 numbered paragraphs of the Notice of
`
`Opposition. While the email addresses for Applicant include i0efogel®lawfogel.com, Mr. Fogel
`
`has not entered an appearance in this matter and did not sign the response.
`
`Basis for Reg uest
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`Applicant appears to be representing herself in these proceedings. The answer to the
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`opposition was signed and submitted by Ms. Accom and contains references to “my birth right,”
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`“my family name,” and uses “1” throughout, making it apparent that the response was prepared
`
`and filed by the individual Applicant. There is no indication that Ms. Accom is an attorney or
`
`has experience in Board proceedings.
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`As noted in Trademark Trial and Appeal Board Manual of Procedure § 401.01, where a
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`party is acting pro se, Board participation “is encouraged.” Given the issues with the answer to
`
`the opposition and Applicant’s apparent lack of familiarity with Board proceedings, it is
`
`respectfully requested that the Board participate so as to “fill the educator’s role [that] would
`
`have to be filled by experienced counsel.” MISCELLANEOUS CHANGES TO TRADEMARK
`
`TRIAL AND APPEAL BOARD RULES OF PRACTICE, 72 Fed. Reg. 42242, 42252 (August
`
`(F31507891 )
`
`2
`
`
`
`1, 2007). Further, having Board participation will ensure that all of the issues required to be
`
`addressed during the discovery conference are in fact addressed.
`
`Participants
`
`Barbara A. Solomon and/or Emily Weiss, counsel for Opposer, will appear on behalf of
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`Opposer.
`
`Dated: New York, New York
`August g, 2019
`
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`
`
`
`Emily Weiss
`151 West 42nd Street, 17th Floor
`New York, New York 10036
`Tel.: (212) 813-5900
`Fax: (212) 813-5901
`Email: bsolomon@lez.com, eweiss£c§lez.com
`
`Attorneysfor Opposer Chanel, Inc.
`
`{F3150789 l
`
`)
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on thiséd day of August 2019, I caused a true and correct copy of
`the foregoing REQUEST FOR PARTICIPATION 0F INTERLOCUTORY ATTORNEY
`IN DISCOVERY CONFERENCE to be served by email on Applicant by sending the same to
`the email addresses cocoaccomgngailcom, c@cocoaccom.com, ameesh.b.shah@gmail.com. A
`courtesy copy was also sent on August 2, 2019 by first-class mail, postage pre-paid addressed
`to:
`
`COCO ACCOM
`
`9903 SANTA MONICA BLVD SUITE #227
`
`BEVERLY HILLS 90212
`
`
`
`(F31507891 ;
`
`
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