Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1010961
`10/24/2019
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Stone Brewing Co., LLC
`
`Limited Liability Company
`
`Citizenship
`
`California
`
`1999 Citracado Parkway
`Escondido, CA 92029
`UNITED STATES
`
`Allison Hagey
`BraunHagey & Borden LLP
`351 California Street, 10th Floor
`San Francisco, CA 94104
`UNITED STATES
`tmadmin@braunhagey.com, shadow@braunhagey.com
`415-599-0210
`
`Applicant Information
`
`Application No
`
`88279461
`
`Publication date
`
`09/24/2019
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`10/24/2019
`
`NONE
`
`Kingstreet GmbH
`Baarerstrasse 14
`Zug, 6300
`SWITZERLAND
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`10/24/2019
`
`NONE
`
`Goods/Services Affected by Opposition
`
`Class 032. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Beers; Non-alcoholic beer flavored bever-
`ages; coffee flavored soft drinks; Non-alcoholic beverages containing fruit juices; Semi-frozen car-
`bonated beverages; Mineral and aerated waters beverages; Aerated mineral waters; Soft drinks; Fruit
`juices and fruit drinks; Carbonated non-alcoholic drinks; Syrups used in the preparation of soft drinks;
`Non-alcoholic cider; Soft drinks, namely, carbonated soft drinks, low calorie soft drinks, non-
`carbonated soft drinks, all being infused with herbs; Non-alcoholic beverages flavored with tea
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`

`

`U.S. Registration
`No.
`
`2283904
`
`Registration Date
`
`10/05/1999
`
`Word Mark
`
`Design Mark
`
`ARROGANT BASTARD
`
`Application Date
`
`10/21/1997
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 1996/07/00 First Use In Commerce: 1998/01/00
`Beers and ales
`
`U.S. Registration
`No.
`
`3007786
`
`Registration Date
`
`10/18/2005
`
`Application Date
`
`03/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`BASTARD
`
`NONE
`
`Class 032. First use: First Use: 1998/01/01 First Use In Commerce: 1998/01/01
`beers and ales
`
`U.S. Registration
`No.
`
`3112047
`
`Registration Date
`
`07/04/2006
`
`Word Mark
`
`Design Mark
`
`DOUBLE BASTARD
`
`Application Date
`
`07/25/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 1999/11/01 First Use In Commerce: 1999/11/01
`Beer
`
`Attachments
`
`75376833#TMSN.png( bytes )
`78677817#TMSN.png( bytes )
`
`

`

`Notice of Opposition 88279461 ROYAL BASTARD.pdf(335844 bytes )
`ExhA-2283904 ARROGANT BASTARD.pdf(33345 bytes )
`ExhB-3007786 BASTARD.pdf(32160 bytes )
`ExhC-3112047 DOUBLE BASTARD.pdf(36522 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Allison Hagey/
`
`Allison Hagey
`
`10/24/2019
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 88279461
`
`
`
`Mark
`
`Applicant
`Application Date
`
`STONE BREWING CO., LLC,
`
`ROYAL BASTARD
`Kingstreet GmbH
`January 28, 2019
`
`:
`:
`:
`
`a California limited liability company,
`
`
`
`
`
`Opposer,
`
`
`
`v.
`
`KINGSTREET GMBH,
`
`a Swiss gesellschaft mit beschränkter haftung
`(limited liability company),
`
`
`
`
`
`
`
`Applicant.
`
`
`
`Opposition No. TBA
`
`NOTICE OF OPPOSITION
`
`Opposer Stone Brewing Co., LLC (“Opposer” or “Stone”), a California limited liability
`
`company with a business address of 1999 Citracado Parkway, Escondido, California, believes it
`
`will be damaged by registration of the mark shown in Application Serial No. 88279461 (the
`
`“Application”) and hereby opposes the Application.
`
`As grounds for the opposition, Opposer alleges that:
`
`
`
`Stone is a pioneering craft brewery with a business address of 1999 Citracado
`
`Parkway, Escondido, California. Stone is a duly registered limited liability company organized
`
`under California law. Prior to 2016, Stone was organized as a California corporation named
`
`Koochenvagner’s Brewing Co., d/b/a Stone Brewing Co.
`
`
`
`Stone is the registered owner of incontestable trademark registrations for
`
`ARROGANT BASTARD (U.S. Reg. No. 2283904), BASTARD (U.S. Reg. No. 3007786) and
`
`
`
`

`

`DOUBLE BASTARD (U.S. Reg. No. 3112047) (collectively, the “BASTARD marks”) (see
`
`Exhibits A-C attached).
`
`
`
`Since 1996, the BASTARD marks have represented a promise to beer lovers that
`
`each BASTARD-branded beer reflects the company’s devotion to craft and quality. The Stone
`
`Brewing founders created what became the BASTARD-branded beers by mistake when too much
`
`malt was added. The beer was marketed heavily with Stone’s playful and irreverent marketing and
`
`branding with the statement “This is an aggressive beer. You probably won’t like it. It is quite
`
`doubtful that you have the taste or sophistication to be able to appreciate an ale of this quality or
`
`depth.” As it turns out, consumers fell in love with this “aggressive” malt forward line of beers
`
`and the BASTARD-brand beers quickly became a consumer favorite. Consumers associate the
`
`BASTARD marks with Stone’s pioneering craft brews and irreverent spin on beer. Today, the
`
`BASTARD marks are one of the most recognizable and popular craft beer brands in the U.S. and
`
`a global standard bearer for independent craft beer, with sales in all fifty U.S. States and
`
`internationally. The success of the BASTARD marks are due to Stone’s substantial investment in
`
`crafting high quality and iconoclastic brews and the branding and marketing of those beers. Stone
`
`brings this Opposition to prevent Applicant from unfairly capitalizing on the distinctiveness and
`
`fame of the BASTARD marks and brand.
`
`FACTUAL BACKGROUND
`
`A.
`
`Foundations of BASTARD®
`
`
`
`Before it grew into an internationally recognized craft beer brand, Stone had its
`
`origins in the creative fermentation of California in the 1980s and ’90s. Founders Steve Wagner
`
`and Greg Koch first crossed paths in the effervescent Los Angeles rock-and-roll music scene of
`
`

`

`the 1980s. Years later, they raised a glass at brewing mecca U.C. Davis in Northern California,
`
`where both had enrolled to channel their creative energies into brewing. In a series of
`
`conversations, the future founders of Stone discovered that they shared a love of bold, interesting
`
`beers and a fiery obsession with being a part of the craft beer revolution.
`
`
`
`After a few years commiserating on the bleak state of the American beer market,
`
`the pair decided to take matters into their own hands. Greg and Steve made plans to open a brewery
`
`that would be defined by an unwavering commitment to quality and sustainability, holding true to
`
`the art of brewing bold, flavorful beers. Stone was born and the BASTARD marks soon followed.
`
`
`
`Over the course of the next four years, Stone signed a lease on a small warehouse
`
`that it turned into a brewery, went from kegging its beers to having two bottling lines. From their
`
`introduction, the BASTARD marks have signified Stone’s rebel culture of creativity, quality, and
`
`independence.
`
`
`
`From the start, Stone assiduously developed and maintained its trademarks and
`
`brands. Every BASTARD-branded beer proudly bears one of the BASTARD marks, which have
`
`been registered with the U.S. Patent and Trademark Office since October 5, 1999 under U.S. Reg.
`
`No. 2283904, since October 18, 2005 under U.S. Reg. 3007786, and since July 4, 2006 under U.S.
`
`Reg. 3112047.
`
`
`
`In 2005, Stone opened up a new brewery in Escondido, California. Soon after the
`
`brewery opening, Stone launched the very first Stone Brewing World Bistro & Garden, which
`
`challenged “brewpub” conventions by serving, alongside BASTARD-branded beers, gourmet
`
`cuisine inspired by the Slow Food movement, with local, organic ingredients and a seasonal menu,
`
`and offerings of other beverages including a selection of wines.
`
`

`

`
`
`Sprinting into the 2000s, Stone grew in size and reach, overflowing its first facility.
`
`Stone entered a new phase when it planned a custom-built brewhouse tailored to fit Stone’s
`
`commitment to quality, sustainability, and craft.
`
`
`
`The stage was set for a craft brewing revolution. Throughout the 2000s, Stone
`
`continued to win converts with its bold, unorthodox beers and artisan philosophy. Other brewers
`
`joined the fray, transforming the tastes of millions of beer drinkers who had not known what they
`
`were missing. In droves, Americans began turning away from incumbent beer brands in favor of
`
`craft beers with more compelling brands and flavors.
`
`
`
`The strength of Stone’s brand kept pace with its commercial success. On or about
`
`April 28, 2005, the USPTO accepted Stone’s Combined Declaration of Use and Incontestability
`
`for ARROGANT BASTARD, rendering the mark incontestable as a matter of law.
`
`
`
`On or about October 4, 2011, the USPTO accepted Stone’s Combined Declaration
`
`of Use and Incontestability for BASTARD, rendering the mark incontestable as a matter of law.
`
`
`
`On or about April 20, 2012, the USPTO accepted Stone’s Combined Declaration
`
`of Use and Incontestability for DOUBLE BASTARD, rendering the mark incontestable as a matter
`
`of law.
`
`
`
`From 2012 to 2013, Stone opened three company stores throughout Southern
`
`California—including locations in Oceanside and Pasadena.
`
`
`
`In 2013, Stone opened a new Stone Brewing World Bistro & Garden at Liberty
`
`Station, in the heart of downtown San Diego.
`
`

`

`
`
`That same year, Stone opened a 2,900 square-foot restaurant in the San Diego
`
`International Airport. This beer haven offers thirsty travelers a sampling of the BASTARD-
`
`branded brews and farm-to-table fare.
`
`
`
`In 2014, Stone opened Stone Tap Room just outside Petco Park, the home of the
`
`San Diego Padres.
`
`
`
`Stone is still growing its craft brand and spreading the love. In July 2016, Stone
`
`opened a brewery in Richmond, Virginia. Stone has plans to open an accompanying Stone Brewing
`
`World Bistro & Garden in the next year or so.
`
`
`
`Every Stone Restaurant, Brewery and Taproom similarly offers a variety of
`
`BASTARD-branded beers
`
`B.
`
`BASTARD® Today
`
`
`
`Today, Stone is the ninth-largest independent craft brewer in the United States.
`
`Presiding over a rapid expansion of the craft brewing industry from 800 breweries in 1996 to more
`
`than 5,000 today, Stone has maintained its commitment to true independent craft and
`
`sustainability.
`
`
`
`BASTARD-branded beers are sold in thousands of stores, bars, and restaurants
`
`throughout the country, including at major grocery stores and retailers. Instantly recognized by the
`
`BASTARD name, the BASTARD marks enjoy exceptional customer loyalty and engagement,
`
`with a devoted fan base unrivalled by other brewers. A sampling of popular BASTARD beers
`
`appears thus:
`
`

`

`
`
`
`
`Stone and its products have been widely lauded by national and international press,
`
`as well as connoisseurs and critics. In 2010, Stone Brewing was named the “All-Time Top Brewery
`
`on Planet Earth” by Beer Advocate magazine. The Bastard-branded beers have received medals
`
`from the Great American Beer Festival. Numerous national and international publications have
`
`recognized Stone as an industry leader, including The New York Times, The Wall Street Journal,
`
`The Economist, USA Today, and Time magazine, to name a few.
`
`
`
`Even as Stone has expanded its range of offerings with bold new flavors and
`
`numerous seasonal beers, the BASTARD marks have remained constant, an unchanging identifier
`
`of Stone’s reputation for quality and commitment to its craft.
`
`
`
`By virtue of these efforts, the BASTARD marks are uniquely beloved among
`
`American and international beers, with a passionate and loyal following among consumers and
`
`critics alike.
`
`
`
`Stone’s commitment to producing innovative artisan beer have helped it defy the
`
`status quo and disrupt the American beer industry. In 2016, Stone produced more than 10.6 million
`
`

`

`gallons of beer for sale to customers in all fifty U.S. States. In 2017, Stone’s U.S. sales exceeded
`
`$70 million, placing it among the ten best-selling craft brewers in the country.
`
`
`
`Stone has a diverse international fan base, who happily drink BASTARD-branded
`
`beer throughout the world. It is fair to say that the BASTARD mark has become inherently
`
`distinctive and famous, and Stone the internationally recognized standard-bearer for American
`
`craft beer.
`
`C.
`
`Applicant and its “ROYAL BASTARD” Brand
`
`
`
`Upon information and belief, Applicant Kingstreet GmbH, is a gesellschaft mit
`
`beschränkter haftung (limited liability company organized under the laws of Switzerland.
`
`
`
`Applicant filed an Application. No. 88279461 on January 28, 2019, for the mark
`
`ROYAL BASTARD and described the goods as:
`
`Beers; Non-alcoholic beer flavored beverages; coffee flavored soft
`drinks; Non-alcoholic beverages containing fruit juices; Semi-
`frozen carbonated beverages; Mineral and aerated waters
`beverages; Aerated mineral waters; Soft drinks; Fruit juices and
`fruit drinks; Carbonated non-alcoholic drinks; Syrups used in the
`preparation of soft drinks; Non-alcoholic cider; Soft drinks,
`namely, carbonated soft drinks, low calorie soft drinks, non-
`carbonated soft drinks, all being infused with herbs; Non-alcoholic
`beverages flavored with tea,
`
`claiming a 44(e), Foreign Registration filing basis. The application was published for opposition
`
`on September 24, 2019.
`
`

`

`CLAIMS FOR RELIEF
`
`First Basis for Opposition
`
`LIKELIHOOD OF CONFUSION – Lanham Act § 2(d)
`
`
`
`Opposer incorporates by reference the facts and allegations set forth in each of the
`
`preceding paragraphs as though fully set forth herein.
`
`
`
`On information and belief, Opposer’s application for a federally registered
`
`trademark on October 21, 1997, predates Applicant’s filing for ROYAL BASTARD and
`
`constitutes constructive use of the BASTARD Marks, thereby conferring a right of nationwide
`
`priority. See Section 7(c) of the U.S. Trademark (Lanham) Act, 15 U.S.C. § 1057(c). Applicant
`
`failed to provide Opposer any constructive notice of any claimed use of its mark.
`
`
`
`
`
`Opposer, has senior use of the mark across the entire United States.
`
`The ROYAL BASTARD mark is likely to be confused with Opposer’s BASTARD
`
`Marks because it is confusingly similar in appearance, sound, and meaning to the BASTARD
`
`Marks, and conveys a confusingly similar commercial impression.
`
`
`
`The goods identified in the Application are identical to, and travel through the same
`
`channels of trade as the goods offered under Opposer’s BASTARD Marks and use of Applicant’s
`
`ROYAL BASTARD mark on its goods would so nearly resemble Opposer’s use as to be likely to
`
`cause confusion, mistake, and/or deception.
`
`
`
`If Applicant is permitted to register the mark in the Application, Opposer will be
`
`damaged because, among other reasons, confusion in the trade and in the public is likely to result,
`
`injuring Opposer’s reputation in the trade and with the public. That confusion will also injure the
`
`

`

`public, in that consumers, upon seeing Applicant’s mark used on Applicant’s goods, are likely to
`
`believe that Applicant’s goods are somehow associated with or approved by the Opposer.
`
`Second Basis for Opposition
`
`LIKELIHOOD OF DILUTION – Lanham Act § 43(c)
`
`
`
`Opposer incorporates by reference the facts and allegations set forth in each of the
`
`preceding paragraphs as though fully set forth herein.
`
`
`
`On information and belief, Applicant filed for its trademark after Opposer filed for
`
`its trademark.
`
`date.
`
`
`
`
`
`Opposer’s application date for the BASTARD Marks predates Applicant’s filing
`
`The BASTARD Marks are distinctive and famous in that it they are widely
`
`recognized by the general consuming public as a designation of the source of Opposer’s goods and
`
`were famous well before both applicant’s date of first use and the filing date of its application for
`
`ROYAL BASTARD.
`
`
`
`If Applicant is permitted to register the mark in the Application, Opposer will be
`
`damaged because, among other reasons, such registration and use is likely to impair the distinctive
`
`quality of Opposer’s famous mark and brand and otherwise cause injury to Opposer’s business
`
`reputation and brand.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Opposer requests that Application Serial No. 88279461 be rejected, that
`
`no registrations be issued to Applicant, and that this opposition be sustained in favor of Opposer.
`
`

`

`
`
`
`
`
`
`Respectfully Submitted,
`
`BRAUNHAGEY & BORDEN LLP
`
`
`
`Date: October 23, 2019
`
`By:
`
`/Allison Hagey/
`
`
`
`
`
`
`
`
`
`Allison Hagey
`Attorneys for Opposer
`Stone Brewing Co., LLC
`
`351 California Street, 10th Floor
`San Francisco, California 94104
`415-599-0210 Phone/Fax
`tmadmin@braunhagey.com
`shadow@braunhagey.com
`
`
`
`

`

`Generated on: This page was generated by TSDR on 2019-10-23 10:20:10 EDT
`
`Mark: ARROGANT BASTARD
`
`US Serial Number: 75376833
`
`US Registration
`Number:
`
`2283904
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Oct. 21, 1997
`
`Registration Date: Oct. 05, 1999
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: May 03, 2019
`
`Publication Date: Sep. 22, 1998
`
` 
`
`Notice of
`Allowance Date:
`
`Dec. 15, 1998
`
`Mark Information
`
`Mark Literal
`Elements:
`
`ARROGANT BASTARD
`
`Standard Character
`Claim:
`
`No
`
`Mark Drawing
`Type:
`
`1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Beers and ales
`
`International
`Class(es):
`
`032 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jul. 1996
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`U.S Class(es): 045, 046, 048
`
`Use in Commerce: Jan. 1998
`
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: STONE BREWING CO., LLC
`
`

`

`Owner Address: 1999 CITRACADO PARKWAY
`ESCONDIDO, CALIFORNIA UNITED STATES 92029
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Attorney/Correspondence Information
`
`Attorney Name: Allison Hagey
`
`Attorney Primary
`Email Address:
`
`tmadmin@braunhagey.com
`
`Attorney of Record
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Allison Hagey
`BraunHagey & Borden LLP
`351 California Street, 10th Floor
`San Francisco, CALIFORNIA UNITED STATES 94104
`
`Phone: 415-599-0210
`
`Fax: 415-599-0210
`
`Correspondent e-
`mail:
`
`tmadmin@braunhagey.com shadow@braunhage
`y.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`May 03, 2019
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`May 03, 2019
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
`
`May 03, 2019
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`May 03, 2019
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Apr. 01, 2019
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Oct. 05, 2018
`
`COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
`
`May 18, 2018
`
`CERTIFICATE OF CORRECTION ISSUED
`
`Mar. 28, 2018
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Mar. 07, 2018
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`Feb. 21, 2018
`
`TEAS SECTION 7 REQUEST RECEIVED
`
`Feb. 14, 2018
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`Feb. 05, 2018
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Feb. 05, 2018
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Aug. 10, 2015
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 13, 2014
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`May 30, 2009
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`May 30, 2009
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Apr. 20, 2009
`
`ASSIGNED TO PARALEGAL
`
`Apr. 17, 2009
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Apr. 28, 2005
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Apr. 28, 2005
`
`ASSIGNED TO PARALEGAL
`
`Apr. 11, 2005
`
`REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
`
`Apr. 11, 2005
`
`TEAS SECTION 8 & 15 RECEIVED
`
`Oct. 05, 1999
`
`REGISTERED-PRINCIPAL REGISTER
`
`Aug. 04, 1999
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`Jul. 29, 1999
`
`ASSIGNED TO EXAMINER
`
`Jul. 26, 1999
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`Jun. 14, 1999
`
`USE AMENDMENT FILED
`
`Dec. 15, 1998
`
`NOA MAILED - SOU REQUIRED FROM APPLICANT
`
`Sep. 22, 1998
`
`PUBLISHED FOR OPPOSITION
`
`Aug. 21, 1998
`
`NOTICE OF PUBLICATION
`
`May 26, 1998
`
`PUBLISHED FOR OPPOSITION
`
`Apr. 24, 1998
`
`NOTICE OF PUBLICATION
`
`Proceeding
`Number
`
`76293
`
`76293
`
`76293
`
`68335
`
`68335
`
`74886
`
`74886
`
`70853
`
`72620
`
`

`

`Mar. 25, 1998
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Mar. 23, 1998
`
`ASSIGNED TO EXAMINER
`
`72620
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: May 03, 2019
`
`Assignment Abstract Of Title Information
`
`Summary
`
`Total Assignments: 3
`
`Assignment 1 of 3
`
`Registrant: KoochenVagner's Brewing Co.
`
` 
`
`Conveyance: NOTICE AND CONFIRMATION OF GRANT OF SECURITY INTEREST IN TRADEMARKS
`
`Reel/Frame: 5337/0349
`
`Date Recorded: Aug. 05, 2014
`
`Supporting
`Documents:
`
`assignment-tm-5337-0349.pdf
`
`Pages: 18
`
`Name: KOOCHENVAGNER'S BREWING CO.
`
`Execution Date: Jul. 31, 2014
`
`Assignor
`
`Legal Entity Type: CORPORATION
`
`Name: WELLS FARGO BANK, NATIONAL ASSOCIATION
`
`Legal Entity Type: NATIONAL BANKING ASSOCIATION
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Assignee
`
`State or Country
`Where Organized:
`
`UNITED STATES
`
`Address: 7000 CENTRAL PARKWAY, N.E., SUITE 600
`ATLANTA, GEORGIA 30328
`
`Correspondent
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`TERRY L. WITCHER, PARALEGAL
`
`MCGUIREWOODS LLP
`201 N. TRYON STREET, SUITE 3000
`CHARLOTTE, NC 28202
`
`Domestic Representative - Not Found
`
`Assignment 2 of 3
`
`Pages: 5
`
`Conveyance: CHANGE OF NAME
`
`Reel/Frame: 6261/0720
`
`Date Recorded: Jan. 31, 2018
`
`Supporting
`Documents:
`
`assignment-tm-6261-0720.pdf
`
`Name: KOOCHEN VAGNER'S BREWING CO.
`
`Execution Date: Jun. 16, 2016
`
`Assignor
`
`Legal Entity Type: CORPORATION
`
`Name: STONE BREWING CO., LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 1999 CITRACADO PARKWAY
`ESCONDIDO, CALIFORNIA 92029
`
`Correspondent
`Name:
`
`NEIL K. NYDEGGER
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Assignee
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Correspondent
`
`

`

`Correspondent
`Address:
`
`5120 SHOREHAM PLACE, SUITE 275
`SAN DIEGO, CA 92122
`
`Domestic Representative - Not Found
`
`Assignment 3 of 3
`
`Conveyance: CORRECTIVE ASSIGNMENT TO CORRECT THE ENTITY CONVERSION INADVERTENTLY RECORDED AS NAME CHANGE
`PREVIOUSLY RECORDED ON REEL 006261 FRAME 0720. ASSIGNOR(S) HEREBY CONFIRMS THE CONVERSION OF ENTITY
`FROM A CALIFORNIA CORPORATION TO A CALIFORNIA LIMITED LIABILITY COMPANY WITH AN ACCOMPANYING NAME
`CHANGE.
`
`Reel/Frame: 6276/0686
`
`Date Recorded: Feb. 21, 2018
`
`Supporting
`Documents:
`
`assignment-tm-6276-0686.pdf
`
`Pages: 7
`
`Name: KOOCHENVAGNER'S BREWING CO.
`
`Execution Date: Jun. 16, 2016
`
`Assignor
`
`Legal Entity Type: CORPORATION
`
`Name: STONE BREWING CO., LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 1999 CITRACADO PARKWAY
`ESCONDIDO, CALIFORNIA 92029
`
`Correspondent
`Name:
`
`ALLISON HAGEY
`
`Correspondent
`Address:
`
`220 SANSOME STREET, 2ND FLOOR
`SAN FRANCISCO, CA 94104-2711
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Assignee
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Correspondent
`
`Domestic Representative - Not Found
`Proceedings
`
`Summary
`
`Number of
`Proceedings:
`
`3
`
`Proceeding
`Number:
`
`91251069
`
`Status: Pending
`
`Interlocutory
`Attorney:
`
`MIKE WEBSTER
`
`Type of Proceeding: Opposition
`
` 
`
`Filing Date: Sep 19, 2019
`
`Status Date: Sep 19, 2019
`
`Name: BLUE POINT BREWING COMPANY
`
`Correspondent
`Address:
`
`ANDREA ANDERSON
`HOLLAND & HART LLP
`ATTENTION: TRADEMARK DOCKETING P.O. BOX 8749
`DENVER CO , 80201
`
`Defendant
`
`docket@hollandhart.com
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`OLD HOWLING BASTARD
`
`Application Status
`
`Opposition Pending
`
`Plaintiff(s)
`
`Serial
`Number
`
`86310758
`
`Registration
`Number
`
`Name: Stone Brewing Co., LLC
`
`Correspondent
`Address:
`
`ALLISON HAGEY
`BRAUNHAGEY & BORDEN LLP
`351 CALIFORNIA STREET, 10TH FLOOR
`SAN FRANCISCO CA UNITED STATES , 94104
`
`

`

`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`ARROGANT BASTARD
`
`BASTARD
`
`DOUBLE BASTARD
`
`tmadmin@braunhagey.com , shadow@braunhagey.com
`
`Application Status
`
`REGISTERED AND RENEWED
`
`REGISTERED AND RENEWED
`
`REGISTERED AND RENEWED
`
`Prosecution History
`
`Serial
`Number
`
`Registration
`Number
`
`75376833
`
`78222999
`
`78677817
`
`2283904
`
`3007786
`
`3112047
`
`Entry Number
`
`History Text
`
`FILED AND FEE
`
`NOTICE AND TRIAL DATES SENT; ANSWER DUE:
`
`INSTITUTED
`
`1
`
`2
`
`3
`
`Date
`
`Sep 19, 2019
`
`Sep 19, 2019
`
`Sep 19, 2019
`
`Due Date
`
`Oct 29, 2019
`
`Proceeding
`Number:
`
`92071098
`
`Status: Pending
`
`Interlocutory
`Attorney:
`
`ANDREW P BAXLEY
`
`Type of Proceeding: Cancellation
`
`Filing Date: Apr 15, 2019
`
`Status Date: Sep 06, 2019
`
`Defendant
`
`Name: Evans Brewing Company, Inc.
`
`Correspondent
`Address:
`
`WILLIAM J BRUCKER
`STETINA BRUNDA GARRED & BRUCKER
`75 ENTERPRISE SUITE 250
`ALISO VIEJO CA UNITED STATES , 92656
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`wbrucker@stetinalaw.com , opposition@stetinalaw.com
`
`Application Status
`
`Serial
`Number
`
`Registration
`Number
`
`APPROACHABLE BASTARD
`
`Cancellation Pending
`
`87381763
`
`5465921
`
`Name: Stone Brewing Co., LLC
`
`Correspondent
`Address:
`
`ALLISON HAGEY
`BRAUNHAGEY & BORDEN LLP
`351 CALIFORNIA STREET 10TH FLOOR
`SAN FRANCISCO CA UNITED STATES , 94104
`
`Plaintiff(s)
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`ARROGANT BASTARD
`
`BASTARD
`
`DOUBLE BASTARD
`
`tmadmin@braunhagey.com , shadow@braunhagey.com
`
`Application Status
`
`REGISTERED AND RENEWED
`
`REGISTERED AND RENEWED
`
`REGISTERED AND RENEWED
`
`Prosecution History
`
`Serial
`Number
`
`Registration
`Number
`
`75376833
`
`78222999
`
`78677817
`
`2283904
`
`3007786
`
`3112047
`
`Entry Number
`
`History Text
`
`FILED AND FEE
`
`NOTICE AND TRIAL DATES SENT; ANSWER DUE:
`
`INSTITUTED
`
`NOTICE OF DEFAULT
`
`D'S RETURNED COPY OF #4
`
`SUSPENDED
`
`MOT FOR RELIEF FROM ENTRY OF DEFAULT JUDGMENT
`
`D CHANGE OF CORRESP ADDRESS
`
`MOTION GRANTED; ANSWER ACCEPTED; PROCEEDINGS RESUMED
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`Due Date
`
`Jun 01, 2019
`
`Date
`
`Apr 15, 2019
`
`Apr 22, 2019
`
`Apr 22, 2019
`
`Jun 11, 2019
`
`Jun 19, 2019
`
`Aug 01, 2019
`
`Sep 03, 2019
`
`Sep 04, 2019
`
`Sep 06, 2019
`
`

`

`10
`
`11
`
`D MOT FOR EXT W/ CONSENT
`
`EXTENSION OF TIME GRANTED
`
`Sep 30, 2019
`
`Sep 30, 2019
`
`Proceeding
`Number:
`
`91247516
`
`Status: Suspended
`
`Interlocutory
`Attorney:
`
`MIKE WEBSTER
`
`Type of Proceeding: Opposition
`
`Filing Date: Apr 10, 2019
`
`Status Date: Jun 11, 2019
`
`Defendant
`
`Name: Silver City Brewery LLC
`
`Correspondent
`Address:
`
`CATHERINE E. MAXSON
`DAVIS WRIGHT TREMAINE LLP
`920 FIFTH AVENUE, SUITE 3300
`SEATTLE WA UNITED STATES , 98104
`
`catherinemaxson@dwt.com , seatm@dwt.com , brendanixdorf@dwt.com , emilyeskew@dwt.com
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`MAGNIFICENT BASTARD
`
`Application Status
`
`Opposition Pending
`
`Plaintiff(s)
`
`Serial
`Number
`
`88032179
`
`Registration
`Number
`
`Name: Stone Brewing Co., LLC
`
`Correspondent
`Address:
`
`ALLISON HAGEY
`BRAUNHAGEY & BORDEN LLP
`351 CALIFORNIA STREET , 10TH FLOOR
`SAN FRANCISCO CA UNITED STATES , 94104
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`ARROGANT BASTARD
`
`BASTARD
`
`DOUBLE BASTARD
`
`tmadmin@braunhagey.com , shadow@braunhagey.com
`
`Application Status
`
`REGISTERED AND RENEWED
`
`REGISTERED AND RENEWED
`
`REGISTERED AND RENEWED
`
`Prosecution History
`
`Serial
`Number
`
`Registration
`Number
`
`75376833
`
`78222999
`
`78677817
`
`2283904
`
`3007786
`
`3112047
`
`Entry Number
`
`History Text
`
`FILED AND FEE
`
`NOTICE AND TRIAL DATES SENT; ANSWER DUE:
`
`PENDING, INSTITUTED
`
`D APPEARANCE / POWER OF ATTORNEY
`
`D CHANGE OF CORRESP ADDRESS
`
`D MOT FOR EXT W/ CONSENT
`
`EXTENSION OF TIME GRANTED
`
`D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
`
`SUSPENDED
`
`D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
`
`SUSPENDED
`
`D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
`
`SUSPENDED
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`Due Date
`
`May 20, 2019
`
`Date
`
`Apr 10, 2019
`
`Apr 10, 2019
`
`Apr 10, 2019
`
`Apr 24, 2019
`
`Apr 24, 2019
`
`Apr 25, 2019
`
`Apr 30, 2019
`
`Jun 11, 2019
`
`Jun 11, 2019
`
`Aug 07, 2019
`
`Aug 07, 2019
`
`Oct 21, 2019
`
`Oct 21, 2019
`
`

`

`Generated on: This page was generated by TSDR on 2019-10-23 10:20:41 EDT
`
`Mark: BASTARD
`
`US Serial Number: 78222999
`
`US Registration
`Number:
`
`3007786
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Mar. 07, 2003
`
`Registration Date: Oct. 18, 2005
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Sep. 04, 2015
`
`Publication Date: Jul. 13, 2004
`
` 
`
`Notice of
`Allowance Date:
`
`Oct. 05, 2004
`
`Mark Information
`
`Mark Literal
`Elements:
`
`BASTARD
`
`Standard Character
`Claim:
`
`No
`
`Mark Drawing
`Type:
`
`1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
`
`Related Properties Information
`
`1041072
`
`International
`Registration
`Number:
`
`International
`Application(s)
`/Registration(s)
`Based on this
`Property:
`
`Claimed Ownership
`of US
`Registrations:
`
`A0019988/1041072
`
`2283904, 2353573
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: beers and ales
`
`International
`Class(es):
`
`032 - Primary Class
`
`U.S Class(es): 045, 046, 048
`
`

`

`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jan. 01, 1998
`
`Use in Commerce: Jan. 01, 1998
`
`Basis Information (Case Level)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: STONE BREWING CO., LLC
`
`Owner Address: 1999 CITRACADO PARKWAY
`ESCONDIDO, CALIFORNIA UNITED STATES 92029
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Attorney/Correspondence Information
`
`Attorney Name: Allison Hagey
`
`Attorney Primary
`Email Address:
`
`tmadmin@braunhagey.com
`
`Attorney of Record
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Allison Hagey
`BRAUNHAGEY & BORDEN LLP
`351 California Street, 10th Floor
`San Francisco, CALIFORNIA UNITED STATES 94104
`
`Phone: 415-599-0210
`
`Fax: 415-599-0210
`
`Correspondent e-
`mail:
`
`tmadmin@braunhagey.com shadow@braunhage
`y.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`May 13, 2019
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 30, 2018
`
`CERTIFICATE OF CORRECTION ISSUED
`
`Mar. 28, 2018
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Mar. 07, 2018
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`Feb. 21, 2018
`
`TEAS SECTION 7 REQUEST RECEIVED
`
`Feb. 05, 2018
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Feb. 05, 2018
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Sep. 04, 2015
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`Sep. 04, 2015
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`Sep. 04, 2015
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Sep. 04, 2015
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Aug. 06, 2015
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Aug. 06, 2015
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 06, 2015
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 13, 2014
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`Oct. 04, 2011
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
`
`Oct. 04, 2011
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Proceeding
`Number
`
`68335
`
`68335
`
`68502
`
`68502
`
`68502
`
`77315
`
`

`

`Oct. 04, 2011
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Sep. 19, 2011
`
`TEAS SECTION 8 & 15 RECEIVED
`
`Oct. 18, 2005
`
`REGISTERED-PRINCIPAL REGISTER
`
`Sep. 06, 2005
`
`LAW OFFICE REGISTRATION REVIEW COMPLETED
`
`Sep. 02, 2005
`
`ASSIGNED TO LIE
`
`Sep. 01, 2005
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`Aug. 31, 2005
`
`AMENDMENT FROM APPLICANT ENTERED
`
`Aug. 18, 2005
`
`CORRESPONDENCE RE