Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1076212
`08/19/2020
`
`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
`
`Archer-Daniels-Midland Company
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Correspondence
`information
`
`08/19/2020
`
`4666 FARIES PARKWAY
`DECATUR, IL 62526
`UNITED STATES
`
`MARY E. INNIS
`INNIS LAW GROUP LLC
`321 N. CLARK STREET SUITE 2465
`CHICAGO, IL 60654
`UNITED STATES
`Primary Email: docket@innislaw.com
`Secondary Email(s): minnis@innislaw.com, lmackey@innislaw.com, pgi-
`anino@innislaw.com, cbench@innislaw.com, takinwande@innislaw.com
`312-321-9020
`
`Applicant Information
`
`Application No.
`
`88393236
`
`Publication date
`
`04/21/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`08/19/2020
`
`Opposition Peri-
`od Ends
`
`08/19/2020
`
`MAKSIM SLYUSARCHUK
`1260 HARBOR COURT
`HOLLYWOOD, FL 33019
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 036. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Banking; Debit account services featuring
`computer readable cards; Commercial lending services; Issuing of credit cards; Issuing prepaid credit
`cards; Issuing prepaid debit cards; Mortgage banking; Mortgage lending; Real estate lending services
`
`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
`
`1386430
`
`Application Date
`
`04/11/1985
`
`

`

`No.
`
`Registration Date
`
`03/18/1986
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ADM
`
`NONE
`
`Class 001. First use: First Use: 1923/00/00 First Use In Commerce: 1923/00/00
`CHEMICALS FOR INDUSTRIAL USE, NAMELY, ETYHL ALCOHOL; GROUND-
`UP CORN COBS FOR USE IN FURTHER MANUFACTURE
`Class 004. First use: First Use: 1923/00/00 First Use In Commerce: 1923/00/00
`INDUSTRIAL OILS FOR USE IN CHEMICALS AND PAINTS, MADE FROM
`COTTON SEED, SUNFLOWER SEED, SOYBEANS, FLAXSEEDS, CORN
`GERM AND FISH
`Class 012. First use: First Use: 1923/00/00 First Use In Commerce: 1923/00/00
`BARGES, VANS AND RAILWAY CARS
`Class 016. First use: First Use: 1923/00/00 First Use In Commerce: 1923/00/00
`HOUSE ORGANS
`Class 029. First use: First Use: 1923/00/00 First Use In Commerce: 1923/00/00
`PROCESSED FOODS, NAMELY, PREPARED ENTREES, NAMELY, TEX-
`TURED VEGETABLE PROTEIN USED AS A SUBSTITUTE FOR MEAT,
`CHEESE, FISH AND POULTRY; FOOD OILS MADE FROM COTTON SEED;
`EDIBLE SUNFLOWER SEEDS; PROCESSED SOYBEANS; EDIBLE FISH
`OILS; EDIBLE FLAXSEEDS; PARTIALLY FINISHED OILS FOR USEBY OTH-
`ER MANUFACTURERS
`Class 030. First use: First Use: 1923/00/00 First Use In Commerce: 1923/00/00
`STAPLE FOODS, NAMELY, PROCESSED CORN, CORN GERM, CORN SYR-
`UPS, FLOUR, CORN STARCH, CORNMEAL, GRITS, SPAGHETTI, SUGAR,
`NOODLES AND MACARONI
`Class 031. First use: First Use: 1923/00/00 First Use In Commerce: 1923/00/00
`NATURAL AGRICULTURE PRODUCTS, NAMELY, RAW PEANUTS, UNPRO-
`CESSED MALT, DOG AND CAT FOOD, LIVESTOCK AND POULTRY FEED,
`UNPROCESSED OATS, UNPROCESSED BARLEY, UNPROCESSED CORN,
`UNPROCESSED WHEAT, UNPROCESSED SOYBEANS, UNPROCESSED
`FLAXSEEDS, AND UNPROCESSED SUNFLOWER SEEDS
`Class 033. First use: First Use: 1923/00/00 First Use In Commerce: 1923/00/00
`[ GIN AND GRAIN ALCOHOL ]
`Class 039. First use: First Use: 1923/00/00 First Use In Commerce: 1923/00/00
`TRANSPORTATION OF AGRICULTURAL PRODUCTSBY TRUCK, BARGE
`AND RAIL AND STORAGE OFAGRICULTURAL PRODUCTS
`
`U.S. Registration
`No.
`
`2301968
`
`Registration Date
`
`12/21/1999
`
`Application Date
`
`09/29/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ADM
`
`NONE
`
`Class 005. First use: First Use: 1976/02/01 First Use In Commerce: 1976/02/01
`VITAMINS AND DIETARY SUPPLEMENTS FOR HUMAN CONSUMPTION;
`
`

`

`ANIMAL FEED ADDITIVE FOR USE AS A NUTRITIONAL SUPPLEMENT
`
`U.S. Registration
`No.
`
`2307492
`
`Registration Date
`
`01/11/2000
`
`Application Date
`
`11/25/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ADM
`
`NONE
`
`Class 035. First use: First Use: 1996/07/25 First Use In Commerce: 1996/07/25
`INFORMATION SERVICES IN THE FIELD OF EMPLOYMENT RENDERED BY
`MEANS OF A GLOBAL COMPUTER INFORMATION NETWORK
`Class 036. First use: First Use: 1996/07/25 First Use In Commerce: 1996/07/25
`INFORMATION SERVICES IN THE FIELD OF FINANCE RENDERED BY
`MEANS OF A GLOBAL COMPUTER INFORMATION NETWORK
`Class 040. First use: First Use: 1996/07/25 First Use In Commerce: 1996/07/25
`INFORMATION SERVICES IN THE FIELD OF FOOD PROCESSING
`RENDERED BY MEANS OF A GLOBAL COMPUTER INFORMATION NET-
`WORK
`Class 042. First use: First Use: 1996/07/25 First Use In Commerce: 1996/07/25
`INFORMATION SERVICES IN THE FIELD OF AGRICULTURE, FARMING,
`FOOD PREPARATION, POPULATION GROWTH, HEALTH AND NUTRITION
`RENDERED BY MEANS OF A GLOBAL COMPUTER INFORMATION NET-
`WORK
`
`U.S. Registration
`No.
`
`2430864
`
`Registration Date
`
`02/27/2001
`
`Application Date
`
`06/10/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ADM
`
`NONE
`
`Class 035. First use: First Use: 1949/00/00 First Use In Commerce: 1949/00/00
`Direct mail advertising
`Class 042. First use: First Use: 1949/00/00 First Use In Commerce: 1949/00/00
`[ Desktop publishing and printing for others ]
`
`U.S. Registration
`No.
`
`2766613
`
`Registration Date
`
`09/23/2003
`
`Application Date
`
`10/25/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ADM
`
`NONE
`
`Class 016. First use: First Use: 2001/11/00 First Use In Commerce: 2001/11/00
`Printed materials, namely, newsletters,bulletins, brochures, pamphlets, leaflets,
`reference calendars and manuals, trade journals and trade reports all in thefield
`of financial, investment and commodities trading
`
`

`

`Class 035. First use: First Use: 2001/11/00 First Use In Commerce: 2001/11/00
`Market research services and back office support services related to the invest-
`ment industry
`Class 036. First use: First Use: 2001/11/00 First Use In Commerce: 2001/11/00
`Financial and investment services, namely, providing financial information on the
`Internet; financial clearing house services; financial research; brokerage house
`services in the field of stocks, commodities and futures; financial advisoryand
`consulting services; trading in securities, options, commodities and futures;
`providing online financial services in the nature of stock, bond and mutual fund
`investing via a global computer network
`Class 042. First use: First Use: 2001/11/00 First Use In Commerce: 2001/11/00
`Providing temporary use of on-line non-downloadable software for use in portfo-
`lio management, accessing account information and for use in the secure down-
`load of trading and cash related information in the commodities exchange in-
`dustry
`
`U.S. Registration
`No.
`
`2769690
`
`Registration Date
`
`09/30/2003
`
`Application Date
`
`01/29/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ADM
`
`NONE
`
`Class 001. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Chemicals for industrial use, namely, ethyl alcohol; ground corn cobs for use in
`further manufacture; controlled release fertilizer for agricultural use; controlled
`release fertilizer for domestic use; cereal binders for foundry practices;synthetic
`resins for use in the manufacture of paints, varnishes, sealers, primers, and vinyl
`plastic coatings; and soybean lecithins for industrial use in manufacture of food
`products
`Class 004. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Industrial oils for use in chemicals and paints made from cottonseeds, sunflower
`seeds, soybeans, flaxseeds, corn germ and fish; unsaturated hydrocarbons and
`derivatives for use as additives in fuel oil and lubricant compositions and com-
`bustible liquid used in the foundry art
`Class 005. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Vitamins and dietary supplements for human consumption; animal feed addit-
`ives for use as nutritional supplements; medicated animal feed; and soybean le-
`cithins for use as dietary supplements
`Class 012. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Barges, vans, trucks and railway cars
`Class 016. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`House organs
`Class 029. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Processed foods, namely, prepared entrees, namely, textured vegetable protein
`used as a substitute for meat, cheese, fish and poultry; textured vegetable pro-
`teins for use as a meat extender; processed corn; edible sunflower seeds; pro-
`cessed soybeans; edible fish oils; processed edible flaxseeds; partially finished
`oils for use by other manufacturers; fatty oils; edible polymerized fatty and cot-
`tonseed oils; and vegetable hydrogenated cooking oils
`Class 030. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Staple foods, namely, corn germ, corn syrups, flour, corn starch, cornmeal, grits,
`
`

`

`spaghetti, sugar, noodles, and macaroni flours, meals and grits; processed se-
`molinas; soybean flour for general use;and food flavorings
`Class 031. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Natural agricultural products, namely, raw peanuts, unprocessed malt, live-
`stockand poultry feed, unprocessed oats, unprocessed barley, unprocessed
`corn, unprocessed wheat, unprocessed soybeans, unprocessed flaxseeds and
`unprocessed sunflower seeds; unprocessed oats and barley agricultural seeds;
`fresh vegetables, namely, tomatoes, cucumbers and lettuce; and animal feed
`Class 039. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Transportation of agricultural productsby truck, barge and rail and storage ofag-
`ricultural products
`Class 042. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Sponsored research in the field of chemistry as applied to food technology
`
`U.S. Registration
`No.
`
`2769691
`
`Registration Date
`
`09/30/2003
`
`Application Date
`
`01/29/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ADM
`
`NONE
`
`Class 001. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Chemicals for industrial use, namely, ethyl alcohol; ground corn cobs for use in
`further manufacture; controlled release fertilizer for agricultural use; controlled
`release fertilizer for domestic use; cereal binders for foundry practices;synthetic
`resins for use in the manufacture of paints, varnishes, sealers, primers, and vinyl
`plastic coatings; and soybean lecithins for industrial use in themanufacture of
`food products
`Class 004. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Industrial oils for use in chemical andpaints made from cottonseeds, sunflower-
`seeds, soybeans, flaxseeds, corn germ and fish; unsaturated hydrocarbons and
`derivatives for use as additives in fuel oil and lubricant compositions and com-
`bustible liquid used in the foundry art
`Class 005. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Vitamins and dietary supplements for human consumption; animal feed addit-
`ives for use as nutritional supplements; medicated animal feed; and soybean le-
`cithins for use as dietary supplements
`Class 012. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Barges, vans, trucks and railway cars
`Class 016. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`House organs
`Class 029. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Processed foods, namely, prepared entrees, namely, textured vegetable protein
`used as a substitute for meat, cheese, fish and poultry; textured vegetable pro-
`teins for use as a meat extender; processed corn; edible sunflower seeds; pro-
`cessed soybean; edible fish oils; processed edible flaxseeds; partially finished
`oilsfor use by other manufacture; edible polymerized fatty and cottonseed oils;
`andvegetable hydrogenated cooking oils
`Class 030. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Staple foods, namely, corn germ, corn syrup, flour, corn starch, cornmeal, grits,
`spaghetti, sugar, noodles, and macaroni flours, meals and grits; processed se-
`
`

`

`molinas; soybean flour for general use; and food flavorings
`Class 031. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Natural agricultural products, namely, raw peanuts, unprocessed malt, live-
`stockand poultry feed, unprocessed oats, unprocessed barley, unprocessed
`corn, unprocessed wheat, unprocessed soybeans, unprocessed flaxseeds and
`unprocessed sunflower seeds; unprocessed oats and barley agricultural seeds;
`fresh vegetables, namely, tomatoes, cucumbers and lettuce; and animal feed
`Class 039. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Transportation of agricultural productsby truck, barge and rail and storage ofag-
`ricultural products
`Class 042. First use: First Use: 2001/12/00 First Use In Commerce: 2001/12/00
`Sponsored research in the field of chemistry as applied to food technologys
`
`U.S. Registration
`No.
`
`2789412
`
`Registration Date
`
`12/02/2003
`
`Application Date
`
`11/13/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ADM ALLIANCE NUTRITION
`
`NONE
`
`Class 005. First use: First Use: 2003/03/06 First Use In Commerce: 2003/03/06
`Animal health products, namely, medicated animal feed; medicated additive for
`animal feed; dietary and nutritional supplements for animals; feed concentrates
`and mineral feeds for use as a feed supplement for livestock and pets; worm ex-
`peller preparations; insecticides, rodenticides, pesticides and fly sprays for use
`on animals; mold inhibitors for feed; silage inoculant for fermentation; [ sanitizers
`and disinfectants for use on animals; ] medical preparations for animals namely,
`antibiotics and preparations for the treatment of open wounds, foot rot, mastitis,
`diarrhea, constipation, pneumonia and lumpy jaw
`Class 031. First use: First Use: 2003/03/06 First Use In Commerce: 2003/03/06
`Animal health products, namely, animal feed; milk substitutes for animals, miner-
`al feed and pet food; non-medicated additives for animal feed
`
`U.S. Registration
`No.
`
`3344263
`
`Registration Date
`
`11/27/2007
`
`Application Date
`
`08/15/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`E-ADM
`
`NONE
`
`Class 035. First use: First Use: 2001/03/16 First Use In Commerce: 2001/03/16
`Online services, namely, providing customers with a website for online orderin-
`gof products, namely, food, feed, fuel, and industrial applications, online viewing
`of contracts and invoices, online viewing of accounts, online tracking of rail cars,
`and online inventory monitoringservices for ingredients
`Class 036. First use: First Use: 2001/03/16 First Use In Commerce: 2001/03/16
`Online services, namely, providing customers with a website for online payment
`of accounts
`
`

`

`Attachments
`
`ADM BANK - NOTICE OF OPPOSITION.pdf(191489 bytes )
`ADM BANK - Exhibit 1.pdf(1012508 bytes )
`
`Signature
`
`/Omotara Akinwande/
`
`Name
`
`Date
`
`Omotara Akinwande
`
`08/19/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 88393236
`Mark: ADM BANK
`Published in the Official Gazette on April 21, 2020 in International Class 036.
`
`ARCHER-DANIELS-MIDLAND COMPANY
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`MAKSIM SLYUSARCHUK
`
`
`
`
`
`
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Opposition No. ______________
`
`
`
`NOTICE OF OPPOSITION
`
`Archer-Daniels-Midland Company (“Opposer” or “ADM”), a Delaware corporation
`
`located and doing business at 4666 Faries Parkway, Decatur, Illinois 62526, believes it will be
`
`damaged by the proposed registration of Maksim Slyusarchuk’s (“Applicant”) application for the
`
`mark ADM BANK in International Class 036, Application Serial No. 88393236 (“Application”)
`
`and hereby opposes registration of the same.
`
`As grounds for opposition, Opposer alleges:
`
`1.
`
`For over a century, Opposer, including through its predecessors-in-interest and
`
`related companies, has been one of the largest global agribusiness companies with operations all
`
`over the world, engaging in the business of manufacturing, transporting, storing, processing,
`
`marketing, and promoting a wide variety of agricultural, consumer, and industrial products and
`
`services.
`
`2.
`
`While Opposer has been an undisputed market leader in the global agricultural
`
`commodity and processing industry for decades, Opposer’s business areas include printing and
`
`
`
`1
`
`

`

`
`
`publishing; financial and business management services; fuel production, including bioethanol
`
`and biodiesel; logistics services (agricultural storage and transportation services); and research
`
`and development services.
`
`3.
`
`Opposer is in the top 100 companies listed on the Fortune 500, with net sales in
`
`2019 of $65 billion.
`
`4.
`
`Since long prior to the April 19, 2019 filing date of the Application, or any other
`
`date on which Applicant can rely, Opposer adopted, began to use, and has continuously used the
`
`inherently distinctive name and mark ADM in interstate commerce, including via its use of the
`
`ADM Marks, defined below, in connection with a wide variety of agricultural, consumer, and
`
`industrial products and services, including, but not limited to various financial services.
`
`5.
`
`Pursuant to TMEP § 1207.01(d)(xi), Opposer’s ADM Marks, defined below, are a
`
`family of marks since the marks contain a recognizable common characteristic, wherein they are
`
`composed and used in such a way that the public associates not only the individual marks, but
`
`the common characteristic of the family with Opposer.
`
`6.
`
`Opposer owns numerous trademarks, together with a family of marks, which all
`
`include ADM, including, but not limited to, common law rights in its ADM Marks, as well as the
`
`below registrations, which cover numerous goods and services (“Opposer’s Goods and
`
`Services”), including, but not limited to, various financial and investment services (collectively,
`
`the “ADM Marks”). Attached as Exhibit 1 are copies of the TSDR records for the below
`
`registrations:
`
`
`
`2
`
`

`

`Trademark Registration
`
`Class and Goods/Services
`
`
`
`No./
`
`Application
`
`Serial No.
`
`Registration
`
`Date/
`
`Application Date
`
`ADM
`
`2307492
`
`Class 35: Information services in the field of employment
`
`January 11, 2000
`
`rendered by means of a global computer information network.
`
`Class 36 - Information services in the field of finance
`
`rendered by means of a global computer information
`
`network.
`
`Class 040: Information services in the field of food processing
`
`rendered by means of a global computer information network.
`
`Class 042: Information services in the field of agriculture,
`
`farming, food preparation, population growth, health and
`
`nutrition rendered by means of a global computer information
`
`network.
`
`ADM
`
`2766613
`
`Class 016: Printed materials, namely, newsletters, bulletins,
`
`September 23,
`
`brochures, pamphlets, leaflets, reference calendars and manuals,
`
`2003
`
`trade journals and trade reports all in the field of financial,
`
`investment and commodities trading.
`
`Class 035: Market research services and back office support
`
`services related to the investment industry.
`
`Class 036: Financial and investment services, namely,
`
`
`
`3
`
`

`

`Trademark Registration
`
`Class and Goods/Services
`
`
`
`No./
`
`Application
`
`Serial No.
`
`Registration
`
`Date/
`
`Application Date
`
`providing financial information on the Internet; financial
`
`clearing house services; financial research; brokerage house
`
`services in the field of stocks, commodities and futures;
`
`financial advisory and consulting services; trading in
`
`securities, options, commodities and futures; providing online
`
`financial services in the nature of stock, bond and mutual
`
`fund investing via a global computer network.
`
`Class 042: Providing temporary use of on-line non-downloadable
`
`software for use in portfolio management, accessing account
`
`information and for use in the secure download of trading and
`
`cash related information in the commodities exchange industry.
`
`E-ADM
`
`3344263
`
`Class 035: Online services, namely, providing customers with a
`
`November 27,
`
`website for online ordering of products, namely, food, feed, fuel,
`
`2007
`
`and industrial applications, online viewing of contracts and
`
`invoices, online viewing of accounts, online tracking of rail cars,
`
`and online inventory monitoring services for ingredients.
`
`Class 036: Online services, namely, providing customers with
`
`a website for online payment of accounts.
`
`ADM
`
`1386430
`
`Class 001: Chemicals for industrial use, namely, etyhl alcohol;
`
`March 18, 1986
`
`ground-up corn cobs for use in further manufacture.
`
`
`
`4
`
`

`

`Trademark Registration
`
`Class and Goods/Services
`
`
`
`No./
`
`Application
`
`Serial No.
`
`Registration
`
`Date/
`
`Application Date
`
`Class 004: Industrial oils for use in chemicals and paints, made
`
`from cotton seed, sunflower seed, soybeans, flaxseeds, corn germ
`
`and fish.
`
`Class 012: Barges, vans and railway cars.
`
`Class 016: House organs.
`
`Class 029: Processed foods, namely, prepared entrees, namely,
`
`textured vegetable protein used as a substitute for meat, cheese,
`
`fish and poultry; food oils made from cotton seed; edible
`
`sunflower seeds; processed soybeans; edible fish oils; edible
`
`flaxseeds; partially finished oils for use by other manufacturers.
`
`Class 030: Staple foods, namely, processed corn, corn germ, corn
`
`syrups, flour, corn starch, cornmeal, grits, spaghetti, sugar,
`
`noodles and macaroni.
`
`Class 031: Natural agriculture products, namely, raw peanuts,
`
`unprocessed malt, dog and cat food, livestock and poultry feed,
`
`unprocessed oats, unprocessed barley, unprocessed corn,
`
`unprocessed wheat, unprocessed soybeans, unprocessed
`
`
`
`5
`
`

`

`Trademark Registration
`
`Class and Goods/Services
`
`
`
`No./
`
`Application
`
`Serial No.
`
`Registration
`
`Date/
`
`Application Date
`
`flaxseeds, and unprocessed sunflower seeds.
`
`Class 039: transportation of agricultural products by truck, barge
`
`and rail and storage of agricultural products.
`
`ADM
`
`2769691
`
`Class 001: Chemicals for industrial use, namely, ethyl alcohol;
`
`September 30,
`
`(Stylized)
`
`ground corn cobs for use in further manufacture; controlled
`
`2003
`
`release fertilizer for agricultural use; controlled release fertilizer
`
`for domestic use; cereal binders for foundry practices; synthetic
`
`resins for use in the manufacture of paints, varnishes, sealers,
`
`primers, and vinyl plastic coatings; and soybean lecithins for
`
`industrial use in the manufacture of food products.
`
`Class 004: Industrial oils for use in chemical and paints made
`
`from cottonseeds, sunflower seeds, soybeans, flaxseeds, corn
`
`germ and fish; unsaturated hydrocarbons and derivatives for use
`
`as additives in fuel oil and lubricant compositions and
`
`combustible liquid used in the foundry art.
`
`Class 005: Vitamins and dietary supplements for human
`
`consumption; animal feed additives for use as nutritional
`
`supplements; medicated animal feed; and soybean lecithins for
`
`use as dietary supplements.
`
`
`
`6
`
`

`

`Trademark Registration
`
`Class and Goods/Services
`
`
`
`No./
`
`Application
`
`Serial No.
`
`Registration
`
`Date/
`
`Application Date
`
`Class 012: Barges, vans, trucks and railway cars.
`
`Class 016: House organs.
`
`Class 029: Processed foods, namely, prepared entrees, namely,
`
`textured vegetable protein used as a substitute for meat, cheese,
`
`fish and poultry; textured vegetable proteins for use as a meat
`
`extender; processed corn; edible sunflower seeds; processed
`
`soybean; edible fish oils; processed edible flaxseeds; partially
`
`finished oils for use by other manufacture; edible polymerized
`
`fatty and cottonseed oils; and vegetable hydrogenated cooking
`
`oils.
`
`Class 030: Staple foods, namely, corn germ, corn syrup, flour,
`
`corn starch, cornmeal, grits, spaghetti, sugar, noodles, and
`
`macaroni flours, meals and grits; processed semolinas; soybean
`
`flour for general use; and food flavorings.
`
`Class 031: Natural agricultural products, namely, raw peanuts,
`
`unprocessed malt, livestock and poultry feed, unprocessed oats,
`
`unprocessed barley, unprocessed corn, unprocessed wheat,
`
`unprocessed soybeans, unprocessed flaxseeds and unprocessed
`
`sunflower seeds; unprocessed oats and barley agricultural seeds;
`
`
`
`7
`
`

`

`Trademark Registration
`
`Class and Goods/Services
`
`
`
`No./
`
`Application
`
`Serial No.
`
`Registration
`
`Date/
`
`Application Date
`
`fresh vegetables, namely, tomatoes, cucumbers and lettuce; and
`
`animal feed.
`
`Class 039: Transportation of agricultural products by truck, barge
`
`and rail and storage of agricultural products.
`
`Class 042: Sponsored research in the field of chemistry as applied
`
`to food technologys.
`
`ADM &
`
`2769690
`
`Class 001: Chemicals for industrial use, namely, ethyl alcohol;
`
`September 30,
`
`Design
`
`ground corn cobs for use in further manufacture; controlled
`
`2003
`
`release fertilizer for agricultural use; controlled release fertilizer
`
`for domestic use; cereal binders for foundry practices; synthetic
`
`resins for use in the manufacture of paints, varnishes, sealers,
`
`primers, and vinyl plastic coatings; and soybean lecithins for
`
`industrial use in manufacture of food products.
`
`Class 004: Industrial oils for use in chemicals and paints made
`
`from cottonseeds, sunflower seeds, soybeans, flaxseeds, corn
`
`germ and fish; unsaturated hydrocarbons and derivatives for use
`
`as additives in fuel oil and lubricant compositions and
`
`combustible liquid used in the foundry art.
`
`Class 005: Vitamins and dietary supplements for human
`
`
`
`8
`
`

`

`Trademark Registration
`
`Class and Goods/Services
`
`
`
`No./
`
`Application
`
`Serial No.
`
`Registration
`
`Date/
`
`Application Date
`
`consumption; animal feed additives for use as nutritional
`
`supplements; medicated animal feed; and soybean lecithins for
`
`use as dietary supplements.
`
`Class 012: Barges, vans, trucks and railway cars.
`
`Class 016: House organs.
`
`Class 029: Processed foods, namely, prepared entrees, namely,
`
`textured vegetable protein used as a substitute for meat, cheese,
`
`fish and poultry; textured vegetable proteins for use as a meat
`
`extender; processed corn; edible sunflower seeds; processed
`
`soybeans; edible fish oils; processed edible flaxseeds; partially
`
`finished oils for use by other manufacturers; fatty oils; edible
`
`polymerized fatty and cottonseed oils; and vegetable
`
`hydrogenated cooking oils.
`
`Class 030: Staple foods, namely, corn germ, corn syrups, flour,
`
`corn starch, cornmeal, grits, spaghetti, sugar, noodles, and
`
`macaroni flours, meals and grits; processed semolinas; soybean
`
`flour for general use; and food flavorings.
`
`Class 031: Natural agricultural products, namely, raw peanuts,
`
`
`
`9
`
`

`

`Trademark Registration
`
`Class and Goods/Services
`
`
`
`No./
`
`Application
`
`Serial No.
`
`Registration
`
`Date/
`
`Application Date
`
`unprocessed malt, livestock and poultry feed, unprocessed oats,
`
`unprocessed barley, unprocessed corn, unprocessed wheat,
`
`unprocessed soybeans, unprocessed flaxseeds and unprocessed
`
`sunflower seeds; unprocessed oats and barley agricultural seeds;
`
`fresh vegetables, namely, tomatoes, cucumbers and lettuce; and
`
`animal feed.
`
`Class 039: Transportation of agricultural products by truck, barge
`
`and rail and storage of agricultural products.
`
`Class 042: Sponsored research in the field of chemistry as applied
`
`to food technology.
`
`ADM
`
`2301968
`
`Class 005: Vitamins and dietary supplements for human
`
`December 21,
`
`consumption; animal feed additive for use as a nutritional
`
`1999
`
`supplement.
`
`ADM
`
`ADM
`
`2430864
`
`Class 035: Direct mail advertising.
`
`February 27, 2001
`
`2789412
`
`Class 005: Animal health products, namely, medicated animal
`
`December 2, 2003
`
`ALLIANCE
`
`feed; medicated additive for animal feed; dietary and nutritional
`
`NUTRITION
`
`supplements for animals; feed concentrates and mineral feeds for
`
`use as a feed supplement for livestock and pets; worm expeller
`
`preparations; insecticides, rodenticides, pesticides and fly sprays
`
`for use on animals; mold inhibitors for feed; silage inoculant for
`
`
`
`10
`
`

`

`Trademark Registration
`
`Class and Goods/Services
`
`
`
`No./
`
`Application
`
`Serial No.
`
`Registration
`
`Date/
`
`Application Date
`
`fermentation; [ sanitizers and disinfectants for use on animals; ]
`
`medical preparations for animals namely, antibiotics and
`
`preparations for the treatment of open wounds, foot rot, mastitis,
`
`diarrhea, constipation, pneumonia and lumpy jaw.
`
`Class 031: Animal health products, namely, animal feed; milk
`
`substitutes for animals, mineral feed and pet food; non-medicated
`
`additives for animal feed.
`
`
`
`7.
`
`These registrations are valid and subsisting and constitute prima facie evidence of
`
`the validity of the ADM Marks, and of Opposer’s ownership of and exclusive right to use the
`
`ADM Marks in connection with the goods and services set forth in the registrations.
`
`8.
`
`U.S. Registration Nos. 1386430, 2769691, 2769690, 2301968, 2307492,
`
`2430864, 2766613, 2789412, 3344263 are valid, subsisting, and incontestable pursuant to 15
`
`U.S.C. §§1065 and 1115(b) and constitute prima facie evidence of the validity of the ADM
`
`Marks and of Opposer’s ownership of and exclusive right to use the ADM Marks in connection
`
`with the goods and services set forth in the registrations.
`
`9.
`
`Opposer owns all right, title, and interest in and to the ADM Marks, as well as the
`
`goodwill associated therewith.
`
`10.
`
`Opposer has made significant expenditures, millions of dollars a year, in
`
`advertising and promoting its ADM products and services in various advertising channels.
`
`
`
`11
`
`

`

`
`
`11.
`
`Through its extensive advertising and use, Opposer has earned significant
`
`revenue, having net sales of $65 billion in 2019, from the sale of its ADM products and services
`
`nationwide.
`
`12.
`
`In addition to the inherent distinctiveness of Opposer’s ADM Marks, and as a
`
`result of its long extensive and exclusive use throughout the world and substantial advertising
`
`and promotion, the ADM Marks have also acquired a strong secondary meaning identifying
`
`Opposer as the source of its goods and services, and Opposer owns the goodwill associated
`
`therewith.
`
`13.
`
`As a result of the duration and extent of use, geographic reach of advertising, and
`
`publicity surrounding its ADM Marks, the amount, volume, and geographic extent of sales of
`
`goods and services offered under its ADM Marks, and the wide extent of recognition of the
`
`ADM Marks, Opposer’s ADM Marks have become widely recognized by the general consuming
`
`public of the U.S. as a designation of source of the goods and services owned by Opposer and are
`
`therefore famous.
`
`14.
`
`Opposer acquired fame in its ADM Marks long prior to Applicant’s filing date of
`
`April 19, 2019, or any other date on which Applicant can rely.
`
`15.
`
`Upon information and belief, Applicant is an individual located at 1260 Harbor
`
`Court, Hollywood, Florida 33019.
`
`16.
`
`On April 19, 2019, Applicant filed a 1(b) intent-to-use application for ADM
`
`BANK, Application Serial No. 88393236, for “Banking; Debit account services featuring
`
`computer readable cards; Commercial lending services; Issuing of credit cards; Issuing prepaid
`
`credit cards; Issuing prepaid debit cards; Mortgage banking; Mortgage lending; Real estate
`
`lending services” in Class 036 (“Applicant’s Services”).
`
`
`
`12
`
`

`

`
`
`17.
`
`Applicant’s intended use or use of and its application to register the ADM BANK
`
`mark for the Applicant’s Services are without Opposer’s consent, authorization, or permission.
`
`18.
`
`Opposer will be damaged by the registration of ADM BANK, as shown in the
`
`Application for Applicant’s Services.
`
`Count I – Likelihood of Confusion
`
`19.
`
`Opposer repeats and realleges each allegation set forth above.
`
`20.
`
` ADM BANK is visually similar in appearance, connotation, and overall
`
`commercial impression to Opposer’s ADM Marks.
`
`21.
`
`Applicant’s intended use, use, and/or registration of the ADM BANK mark for
`
`Applicant’s Services is likely to cause confusion, mistake or deception with Opposer, Opp