`ESTTA1063603
`06/23/2020
`
`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
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Cash Cow Inc
`
`06/24/2020
`
`6410 MEYER ROAD
`NEEDVILLE, TX 77461
`UNITED STATES
`
`Frank A. Mazzeo
`Ryder, Mazzeo & Konieczny LLC
`808 Bethlehem Pike, Ste 200
`Colmar, PA 18915
`UNITED STATES
`fmazzeo@rmkiplaw.com
`215 997-0248
`
`Applicant Information
`
`Application No
`
`88413480
`
`Publication date
`
`02/25/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`06/23/2020
`
`Sunshine Queen
`3729 Rhoanoke CT
`Duluth, GA 30096
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`06/24/2020
`
`Goods/Services Affected by Opposition
`
`Class 018. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Leashes for animals; harnesses for anim-
`als; backpacks for pets; pet clothing; pet carrier bags
`
`Class 020. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Pet supplies, namely, non-metal pet gates
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Deceptiveness
`
`Trademark Act Section 2(d)
`
`Trademark Act Section 2(a)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`
`88519449
`
`Application Date
`
`07/17/2019
`
`
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`CASHCOW
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2017/00/00 First Use In Commerce: 2018/05/00
`Downloadable computer software in the nature of a mobile application that al-
`lows farmers and ranchers to manage their ranch business, monitor income and
`expenses, and track the health, diet and status of farm animals and livestock;
`Downloadable computer software in the nature ofa mobile application that allows
`users to post, search, review and respond to classified advertisements regarding
`farm animals and livestock; Online advertising services for others; Promoting the
`goods and services of others via the internet; Providing online searchable data-
`bases featuring classified advertisements; Online retail store services featuring
`farm animals and livestock; Online retail store services featuring goods for the
`ranch and farm; Online retail farm store;Promoting the goods and services of
`butchers via the internet; Promoting the goods and services of farmers and
`ranchersvia the internet, namely, farm animals,livestock, cattle, hay and a full
`line of ranch supplies; Online trading services, namely, operating online market-
`places for sellers and buyers of farm animals, livestock and beef products; On-
`line trading services in which sellers post products or services to be offered for
`sale, and purchasing or bidding is done via the Internet in order to facilitate the
`sale of goods and services by others viaa computer network; providing evaluat-
`ive feedback and ratings of sellers' goodsand services, the value and prices of
`sellers' goods and services, buyers' and sellers' performance, delivery, and
`overall trading experience in connection therewith; all of the above in the farm
`animal, livestock and beef industry; Providing temporary use of non-
`downloadable computer software in the nature of a mobile application that al-
`lows farmers and ranchers to manage their ranch business, monitor income and
`expenses, and track the health, diet and status of farm animals and livestock;
`Providing temporary useof non-downloadable computer software that allows
`users to post, search, reviewand respond to classified advertisements regarding
`farm animals and livestock
`
`Attachments
`
`88519449#TMSN.png( bytes )
`CCW Notice-of-Opposition 06232020.pdf(148977 bytes )
`
`Signature
`
`Name
`
`Date
`
`/FrankAMazzeo/
`
`Frank A. Mazzeo
`
`06/23/2020
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Cash Cow, Inc.
`
`Opposer
`
`
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`v.
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`
`
`Sunshine Queen,
`
`Applicant.
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`Opposition No.: Not Yet Known
`Application Serial No.: 88/413,480
`Applied for Mark: CASHCOW
`Date of Publication: 02/25/2020
`
`
`NOTICE OF OPPOSITION
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`Opposer, Cash Cow, Inc., a Delaware corporation, located and doing business at 6410 Meyer
`
`Road, Needville, TX 77461 (“Opposer”), believes that it will be damaged by the registration of
`
`the mark shown in Application Serial No. 88/413,480 ("'480 Application") and hereby opposes
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`the same.
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`On information and belief, Applicant Sunshine Queen, is a Georgia corporation, located at
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`3729 Rhoanoke Ct, Duluth, GA 30096 (“Applicant”) and is the owner of the ‘480 Application.
`
`Opposer filed a second extension request to oppose the ‘480 Application on May 5, 2020,
`
`outside of the deadline previously set by the Trademark Trial and Appeal Board (“Board”).
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`Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the USPTO
`
`recognized that the national emergency resulting from the COVID-19 outbreak may have
`
`prevented timely filing by parties of various documents. The USPTO explained the
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`circumstances under which those affected by the outbreak may have an otherwise late-filed
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`extension of time to oppose be accepted by the Board. In the instant case, the delay in filing
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`Opposer’s second request for an extension to oppose the ‘480 Application was due to the
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`COVID-19 outbreak. More specifically, Opposer’s business was hit hard by the COVID-19
`
`outbreak and that materially interfered with Opposer and its attorney’s ability to prepare and file
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`1
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`the extension by the due date. Therefore, Opposer respectfully requests that its second request for
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`an extension to oppose be accepted by the Board.
`
`Description of Applicant's Application: Applicant filed for registration of the mark
`
`CASHCOW on May 2, 2019 on a Section 1(b) intent-to-use basis. The application published for
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`Opposition in the Official Gazette of February 25, 2020. The goods identified in the ‘480
`
`Application are leashes for animals; harnesses for animals; backpacks for pets; pet clothing; pet
`
`carrier bags in Class 18 and pet supplies, namely, non-metal pet gates in Class 20.
`
`As grounds of opposition, it is alleged that:
`
`
`
`Priority and Likelihood of Confusion (Lanham Act §2(d))
`
`1. Opposer maintains federal trademark Application Serial No. 88/519,449 for CASHCOW
`
`(“Opposer’s CASHCOW Mark”) used in connection with “downloadable computer software in
`
`the nature of a mobile application that allows farmers and ranchers to manage their ranch
`
`business, monitor income and expenses, and track the health, diet and status of farm animals and
`
`livestock; downloadable computer software in the nature of a mobile application that allows
`
`users to post, search, review and respond to classified advertisements regarding farm animals and
`
`livestock; online advertising services for others; promoting the goods and services of others via
`
`the internet; providing online searchable databases featuring classified advertisements; online
`
`retail store services featuring farm animals and livestock; online retail store services featuring
`
`goods for the ranch and farm; online retail farm store; promoting the goods and services of
`
`butchers via the internet; promoting the goods and services of farmers and ranchers via the
`
`internet, namely, farm animals, livestock, cattle, hay and a full line of ranch supplies; online
`
`trading services, namely, operating online marketplaces for sellers and buyers of farm animals,
`
`
`
`2
`
`
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`livestock and beef products; online trading services in which sellers post products or services to
`
`be offered for sale, and purchasing or bidding is done via the internet in order to facilitate the
`
`sale of goods and services by others via a computer network; providing evaluative feedback and
`
`ratings of sellers' goods and services, the value and prices of sellers' goods and services, buyers'
`
`and sellers' performance, delivery, and overall trading experience in connection therewith; all of
`
`the above in the farm animal, livestock and beef industry; providing temporary use of non-
`
`downloadable computer software in the nature of a mobile application that allows farmers and
`
`ranchers to manage their ranch business, monitor income and expenses, and track the health, diet
`
`and status of farm animals and livestock; providing temporary use of non-downloadable
`
`computer software that allows users to post, search, review and respond to classified
`
`advertisements regarding farm animals and livestock” (“Goods and Services”).
`
`2. Opposer began using Opposer’s CASHCOW Mark in connection with the Goods and
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`Services in interstate commerce at least as early as May 1, 2018, and established the goodwill in
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`Opposer’s CASHCOW Mark in the United States.
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`3. The trademark examiner has cited the ‘480 Application in refusing the registration of
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`Opposer’s CASHCOW Mark for likelihood of confusion.
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`4. Opposer offered for sale and sold in interstate commerce the Goods and Services under
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`Opposer’s CASHCOW Mark prior to any commencement of use of the mark in the ‘480
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`Application by Applicant. This fact is reflected in the dates of first use and first use in
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`commerce identified in Opposer’s application, which pre-dates use of CASHCOW by Applicant,
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`of which use has not yet been alleged by Applicant.
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`3
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`5. Opposer has been and is now using Opposer’s CASHCOW Mark in connection with the
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`Goods and Services. Said use has been valid and continuous since the dates of first use indicated
`
`in Opposer’s application, and has not been abandoned.
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`6. Opposer has priority of use of CASHCOW over Applicant.
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`7. Opposer’s CASHCOW Mark is symbolic of goodwill and consumer recognition built up
`
`by Opposer through substantial amounts of effort and expenditure in advertising and promotion.
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`8. In view of the similarity of the respective marks, which are identical, and the related
`
`nature of the goods/services of the respective parties, it is alleged that the mark and goods in the
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`‘480 Application so resemble Opposer’s CASHCOW Mark and goods and services previously
`
`used in the United States, as to be likely to cause confusion, or to cause mistake.
`
`
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`The Mark in the ‘480 Application Falsely Suggests a Connection with Opposer (Lanham Act
`
`§ 2(a))
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`9. Opposer is owner of Opposer’s CASHCOW Mark and Opposer’s use pre-dates any use by
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`Applicant of the mark in the ‘480 Application.
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`10. Opposer has no connection with Applicant.
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`11. The mark and goods in the ‘480 Application falsely suggest a connection between
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`Opposer’s CASHCOW Mark and Applicant.
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`WHEREFORE, Opposer will be damaged by registration of the ‘480 Application, and hereby
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`respectfully requests that said Application not be permitted to register.
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`
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`Respectfully submitted,
`
`Ryder, Mazzeo & Koniezcny LLC
`
`By: /FrankAMazzeo/
`
`
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`
`
`
`
`Date: June 23, 2020
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`Frank A. Mazzeo
`Ryder, Mazzeo and Konieczny LLC
`808 Bethlehem Pike, Suite 200
`Colmar, PA 18915
`215-997-0248
`fmazzeo@rmkiplaw.com
`
`Attorney for Opposer
`Cash Cow, Inc.
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