throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1065053
`
`Filing date:
`
`06/30/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91255768
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Aspireon Wealth Advisors, LLC
`
`CHARLES W. HANOR
`750 RITTIMAN ROAD
`SAN ANTONIO, TX 78209
`UNITED STATES
`trademarks@hanor.com
`no phone number provided
`
`Answer
`
`Charles W. Hanor
`
`trademarks@hanor.com
`
`/Charles W. Hanor/
`
`06/30/2020
`
`20200625 Answer to Notice of Opposition ASPIREON.pdf(75085 bytes )
`20200625 COVID Statement.pdf(84276 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`___________________________________________
`Aspiriant, LLC
`
`
`
`

`
`Opposer,
`
`
`
`

`
`
`
`
`
`
`

`
`
`
`
`
`
`

`v.
`
`
`
`
`
`

`
`
`
`
`
`
`

`
`
`
`
`
`
`

`Aspireon Wealth Advisors, LLC
`.
`

`
`Applicant.
`
`
`
`

`
`
`
`
`
`
`

`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`
`Opposition No.: 91255768
`
`Appl. Serial No. 88/516,561
`Mark: ASPIREON
`
`APPLICANT’S ANSWER TO
`NOTICE OF OPPOSITION
`
`
`
`APPLICANT'S ANSWER TO NOTICE OF OPPOSITION
`
`
`
`Applicant, Aspireon Wealth Advisors, LLC, by their attorney, hereby answer the
`
`allegations set forth in the Notice of Opposition as follows:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Applicant admits Paragraph 1 of the Notice of Opposition.
`
`Applicant admits Paragraph 2 of the Notice of Opposition.
`
`Applicant denies paragraph 3 of the Notice of Opposition.
`
`Applicant denies paragraph 4 of the Notice of Opposition.
`
`Applicant lacks knowledge or information sufficient to form a belief about the truth
`
`of the allegations of paragraph 5 of the Notice of Opposition.
`
`6.
`
`7.
`
`Applicant denies paragraph 6 of the Notice of Opposition.
`
`Applicant lacks knowledge or information sufficient to form a belief about the truth
`
`of the allegations of paragraph 7 of the Notice of Opposition.
`
`8.
`
`9.
`
`Applicant denies paragraph 8 of the Notice of Opposition.
`
`Applicant denies paragraph 9 of the Notice of Opposition.
`
`
`
`1
`
`

`

`10.
`
`11.
`
`12.
`
`13.
`
`14.
`
`Applicant denies paragraph 10 of the Notice of Opposition.
`
`Applicant denies paragraph 11 of the Notice of Opposition..
`
`Applicant denies paragraph 12 of the Notice of Opposition.
`
`Applicant denies paragraph 13 of the Notice of Opposition.
`
`Applicant denies paragraph 14 of the Notice of Opposition.
`
`AFFIRMATIVE DEFENSES
`
`15.
`
`Alternatively, and/or in addition, Opposer’s claims are barred by the doctrine of
`
`waiver.
`
`16.
`
`Alternatively, and/or in addition, Opposer’s claims are barred by the doctrine of
`
`acquiescence.
`
`17.
`
`Alternatively, and/or in addition, Opposer’s claims are barred by the doctrine of
`
`unclean hands.
`
`18.
`
`Alternatively, and/or in addition, Opposer’s claims are barred by the doctrine of
`
`trademark misuse.
`
`19.
`
`Applicant respectfully requests that the opposition be dismissed and that that
`
`Opposer’s application and mark be denied.
`
`Dated: June 30, 2020.
`
`Respectfully submitted,
`
`/s/ Charles W. Hanor
`Charles W. Hanor
`HANOR LAW FIRM PC
`750 Rittiman Road
`San Antonio, Texas 78209
`210-829-2002 (direct line)
`210-842-9500 (mobile)
`210-829-2001 (fax)
`trademarks@hanor.com
`
`
`
`
`2
`
`

`

`
`
`
`
`Attorneys for Applicant
`
`
`
`3
`
`

`

`CERTIFICATE OF SERVICE
`I hereby certify that a true and correct copy of the foregoing was filed via the Electronic System
`for Trademark Trials and Appeals has been forwarded to counsel via email:
`
`
`Joanna Ardalan
`ONE LLP
`9301 Wilshire Blvd., Penthouse
`Beverly Hills, CA 90210
`jardalan@onellp.com
`
`Attorneys for Opposer.
`
`on June 30, 2020.
`
`
`
`
`/s/ Charles W. Hanor
`Charles W. Hanor
`
`
`
`
`
`4
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.: 91255768
`
`
`___________________________________________
`Aspiriant, LLC
`
`
`
`

`
`Opposer,
`
`
`
`

`
`
`
`
`
`
`

`
`
`
`
`
`
`

`v.
`
`
`
`
`
`

`
`
`
`
`
`
`

`
`
`
`
`
`
`

`Aspireon Wealth Advisors, LLC
`.
`

`
`Applicant.
`
`
`
`

`
`
`
`
`
`
`

`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`APPLICANT'S STATEMENT REGARDING DISRUPTION OF OPERATIONS DUE TO
`
`Appl. Serial No. 88/516,561
`Mark: ASPIREON
`
`
`
`
`
`
`
`
`COVID-19
`
`The Board issued a notice of default on June 30, 2020. The notice states that neither an answer nor
`any extension of time to answer has been filed; that notice of default under Fed. R. Civ. P. 55(a)
`is entered; and that Applicant is allowed 30 days from the date of the notice in which to show cause
`why default judgment should not be entered against it. Applicant is allowed until July 30, 2020 to
`respond to the April 18, 2020 order to show cause why judgment by default should not be entered.
`Applicant hereby timely files this response showing good cause for the failure to answer to the
`notice of opposition in this proceeding by April 8, 2020 as follows.
`
`Counsel for Applicant reside and office in Bexar County, Texas. On March 23, 2020, Bexar
`County issued a Stay at Home Order to combat the rise of COVID-19, This Stay-at-Home Order
`has been continually in effect since March 24, 2020. As a result, counsel has been adjusting to
`adopting remote technology and other workarounds to continue the ordinary course of business,
`including setting up remote access to the server and teleconferencing to communicate. There had
`been severe, substantial interference to access to important documents and systems during this
`process. In addition, counsel implemented new procedures regarding personnel. The disruption in
`normal communication between personnel materially affected other operations, including internal
`docketing of matters and delegation of duties. Currently, counsel for Applicant is operating with
`only two (2) employees, reducing half its operating staff with the office closed since the beginning
`of this pandemic, such that the outbreak materially interfered with timely filing.
`
`Under the March 16, 2020 United States Patent and Trademark Office (USPTO) notice entitled,
`“Relief Available to Patent and Trademark Applicants, Patentees, and Trademark Owners Affected
`
`
`
`1
`
`

`

`by the Coronavirus Outbreak,” the USPTO “considers the effects of the Coronavirus outbreak that
`began in approximately January 2020 to be an ‘extraordinary situation’ within the meaning of 37
`C.F.R. § 1.183 and 37 C.F.R. § 2.146 for affected patent and trademark applicants, patentees,
`reexamination parties, and trademark owners.” The notice entitled, “Notice of Extended Waiver
`of Trademark-Related Timing Deadlines under the Coronavirus Aid, Relief, and Economic
`Security Act and Other Relief Available to Trademark Applicants and Trademark Owners,” signed
`by Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu on
`April 28, 2020 included waivers of deadlines for many trademark-related actions due between
`March 27, 2020 and May 31, 2020, including filing notices of opposition.
`
`Because of the disruption to counsel’s regular workload and work procedures due to COVID-19,
`Applicant required additional time to sufficiently prepare Appellee’s answer, which has now been
`filed.
`
`Dated: June 30, 2020.
`
`Respectfully submitted,
`
`/s/ Charles W. Hanor
`Charles W. Hanor
`HANOR LAW FIRM PC
`750 Rittiman Road
`San Antonio, Texas 78209
`210-829-2002 (direct line)
`210-842-9500 (mobile)
`210-829-2001 (fax)
`trademarks@hanor.com
`
`Attorneys for Applicant
`
`
`
`2
`
`
`
`
`
`

`

`CERTIFICATE OF SERVICE
`I hereby certify that a true and correct copy of the foregoing was filed via the Electronic System
`for Trademark Trials and Appeals has been forwarded to counsel via email:
`
`
`Joanna Ardalan
`ONE LLP
`9301 Wilshire Blvd., Penthouse
`Beverly Hills, CA 90210
`jardalan@onellp.com
`
`Attorneys for Opposer.
`
`on June 30, 2020.
`
`
`
`
`/s/ Charles W. Hanor
`Charles W. Hanor
`
`
`
`
`
`3
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket