Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA993227
`08/07/2019
`
`ESTTA Tracking number:
`
`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
`
`Rocky Mountain Natural Labs
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Correspondence
`information
`
`08/07/2019
`
`833 W. SOUTH BOULDER ROAD BLDG A
`LOUISVILLE, CO 80027
`UNITED STATES
`
`KIRSTIN M. JAHN
`JAHN & ASSOCIATES, LLC
`1942 BROADWAY SUITE 314
`BOULDER, CO 80302
`UNITED STATES
`Kirstin@jahnlaw.com
`3035455128
`
`Applicant Information
`
`Application No
`
`88170444
`
`Publication date
`
`04/09/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`08/07/2019
`
`Opposition Peri-
`od Ends
`
`08/07/2019
`
`Geeta Bhat
`413 Settlecroft Lane
`Holly Springs, NC 27540
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 003. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Nail polish
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2736085
`
`Registration Date
`
`07/15/2003
`
`Word Mark
`
`COWGIRL
`
`Application Date
`
`02/21/2002
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA993227
`08/07/2019
`
`ESTTA Tracking number:
`
`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
`
`Rocky Mountain Natural Labs
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Correspondence
`information
`
`08/07/2019
`
`833 W. SOUTH BOULDER ROAD BLDG A
`LOUISVILLE, CO 80027
`UNITED STATES
`
`KIRSTIN M. JAHN
`JAHN & ASSOCIATES, LLC
`1942 BROADWAY SUITE 314
`BOULDER, CO 80302
`UNITED STATES
`Kirstin@jahnlaw.com
`3035455128
`
`Applicant Information
`
`Application No
`
`88170444
`
`Publication date
`
`04/09/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`08/07/2019
`
`Opposition Peri-
`od Ends
`
`08/07/2019
`
`Geeta Bhat
`413 Settlecroft Lane
`Holly Springs, NC 27540
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 003. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Nail polish
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2736085
`
`Registration Date
`
`07/15/2003
`
`Word Mark
`
`COWGIRL
`
`Application Date
`
`02/21/2002
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 1994/11/30 First Use In Commerce: 1994/11/30
`Bath, beauty, body, personal care and skincare products, namely hair sham-
`poos, hair conditioners, hair rinses, hair sprays, body spritzes, body creams,
`hand creams, body oils, massage oils, bath gels, bubble bath, skin toners, face
`and body cleansers, face and body masks, facialmoisturizers, body moisturizers,
`facialoils, cuticle creams, hand creams, bodylotions, facial creams, lip balms,
`bathsalts, foot soaks, body balms, body washes, deodorants; facial steam pre-
`parations; soaps; body oils, herbal salves, make up and body soaks
`
`U.S. Registration
`No.
`
`2736084
`
`Registration Date
`
`07/15/2003
`
`Word Mark
`
`Design Mark
`
`COWGIRL SKINCARE
`
`Application Date
`
`02/21/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 2000/07/01 First Use In Commerce: 2000/07/01
`Bath, beauty, body, personal care and skincare products, namely hair sham-
`poos, hair conditioners, hair rinses, hair sprays, body spritzes, body creams,
`hand creams, body oils, massage oils, bath gels, bubble bath, skin toners, face
`and body cleansers, face and body masks, facialmoisturizers, body moisturizers,
`facialoils, cuticle creams, hand creams, bodylotions, facial creams, lip balms,
`bathsalts, foot soaks, body balms, body washes, deodorants; facial steam pre-
`parations; soaps; body oils, herbal salves, make up and body soaks
`
`U.S. Registration
`No.
`
`3702929
`
`Registration Date
`
`10/27/2009
`
`Application Date
`
`07/18/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`COWGIRL EXTREME CREAM
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 2009/08/17 First Use In Commerce: 2009/08/17
`Skin and hair care products, namely, facial and body lotions, cleansers, scrubs,
`
`
`
`emulsions, toners, masks, oils, soaps,balms, shampoos, hair conditioners, hair
`rinses and sprays; sunscreen; bubble baths, bath salts; make up; deodorants
`
`U.S. Registration
`No.
`
`5323005
`
`Registration Date
`
`10/31/2017
`
`Word Mark
`
`Design Mark
`
`COWGIRL SKINCARE
`
`Application Date
`
`03/21/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2002/09/26 First Use In Commerce: 2002/09/26
`On-line retail store services featuring, body, beauty, bath and skincare products
`
`Attachments
`
`76373446#TMSN.png( bytes )
`77526266#TMSN.png( bytes )
`87380264#TMSN.png( bytes )
`N of Opposition.pdf(119575 bytes )
`
`Signature
`
`/kmj/
`
`Name
`
`Date
`
`KIRSTIN M. JAHN
`
`08/07/2019
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`Trademark: JIUJITSU COWGIRL
`
`Rocky Mountain Natural Labs, LLC
`Opposer
`
`
`
`
`
`
`Opposition No. _________
`
`Serial No. 88/170444
`
`
`
`Geeta Bhat
`
`
`
`Applicant
`_____________________________________________________________________
`
`NOTICE OF OPPOSITION
`
`_____________________________________________________________________
`
` Rocky Mountain Natural Labs, LLC (“Opposer”), as grounds for its opposition against
`
`Geeta Bhat (“Applicant”) alleges:
`
`1. Opposer is the owner of several “Cowgirl” trademarks for use in connection with
`
`bath, beauty, body, personal care and skincare products in International Class
`
`(“IC”) 3, including the following registered trademarks: “Cowgirl” - Reg. No.
`
`2736085, “Cowgirl Skincare” - Reg. No. 2736084, “Cowgirl Extreme Cream” -
`
`Reg. No. 3702929. Opposer also has a registration for “Cowgirl Skincare” for
`
`on-line retail store services featuring body, beauty, bath and skincare products in
`
`IC 35 – Reg. No. 5323005 (collectively the above shall be referred to as
`
`“COWGIRL marks”).
`
`2. Since at least, 2000, Opposer has continuously, extensively and widely
`
`promoted, advertised and/or sold its goods and services under various
`
`COWGIRL marks and to distinguish its goods and services from the same and
`
`similar goods and services of others; and, it continues to do so.
`
`
`
`1
`
`
`
`3. As a result of Opposer’s extensive sales and marketing, the COWGIRL marks
`
`have established tremendous goodwill belonging to and associated with
`
`Opposer. As such, the COWGIRL marks have become assets of substantial
`
`value to Opposer and its quality goods and services.
`
`4. Notwithstanding Opposer’s well-known and prior common law and statutory
`
`rights in the COWGIRL marks, Applicant filed an intent to use trademark
`
`application for a confusingly similar mark, namely JIUJITSU COWGIRL for use in
`
`connection with goods in IC 3 (“Applicant’s proposed mark”).
`
`5. Applicant’s proposed mark was published in the Official Gazette on April 9, 2019.
`
`6. Opposer received an extension to file its Notice of Opposition to August 7, 2019.
`
`7. Applicant’s proposed mark uses the same word COWGIRL to denote goods in
`
`the same class which are marketed in the same trade channels. As such,
`
`Applicant’s mark is likely to create confusion, mistake and deception as to the
`
`affiliation, connection, association, origin, sponsorship or approval of Applicant’s
`
`goods with those of Opposer, all to Opposer=s irreparable loss and damage.
`
`8. Opposer will continue to be damaged if Applicant’s proposed mark registers.
`
`Wherefore, Opposer requests that this Opposition be sustained and Applicant’s
`
`proposed trademark for JIUJITSU COWGIRL be refused registration.
`
`Date: August 7, 2019
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`s/Kirstin M. Jahn
`Jahn & Associates
`1942 Broadway Suite 314
`Boulder, CO 80302
`
`Attorney for Opposer
`
`2
`
`
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