`ESTTA Tracking number:
`ESTTA1080570
`09/09/2020
`
`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
`
`Oath Inc.
`09/09/2020
`
`22000 AOL WAY
`DULLES, VA 20166
`UNITED STATES
`
`DAVID M. KELLY
`KELLY IP, LLP
`1300 19TH STREET, NW, SUITE 300
`WASHINGTON, DC 20036
`UNITED STATES
`Primary Email: david.kelly@kelly-ip.com
`Secondary Email(s): linda.mcleod@kelly-ip.com, lit-docketing@kelly-ip.com
`No phone number provided.
`
`Docket Number
`
`6300.2102
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`88513806
`09/09/2020
`
`Publication date
`Opposition Peri-
`od Ends
`Shenzhen Tianzhuo Yaomei Technology Co., Ltd.
`-5-100, ZONE B, 5F, NO.1 PLAZA,
`HUANANCHENG, PINGHU ST., LONGGANG DIST.,
`SHENZHEN, 518000
`CHINA
`Goods/Services Affected by Opposition
`
`05/12/2020
`09/09/2020
`
`Class 021. First Use: 2019/06/18 First Use In Commerce: 2019/06/18
`All goods and services in the class are opposed, namely: Dental flossers; Electric face cleansing
`brushes; Electric tooth brushes; Electric toothbrush replacement heads; Electric toothbrushes; Elec-
`trical toothbrushes; Floss for dental purposes; Heads for electric toothbrushes; Oral care kit compris-
`ing toothbrushes and floss; Tooth brushes; Toothbrush holders; Toothbrushes; Toothbrushes, elec-
`tric; Water apparatus for cleaning teeth and gums for home use
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`
`
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2507286
`
`11/13/2001
`
`Application Date
`
`02/12/1996
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 020. First use: First Use: 2000/12/00 First Use In Commerce: 2000/12/00
`[ sleeping bags ]
`Class 021. First use: First Use: 1998/04/00 First Use In Commerce: 1998/04/00
`drink containers in the nature of waterbottles
`Class 028. First use: First Use: 1998/06/00 First Use In Commerce: 1998/06/00
`[ board games, bubble making wand and solution sets, balloons, ] soccer balls,
`baseballs, footballs [, beach balls, beach toys namely, inflatable toys ]
`
`U.S. Registration
`No.
`Registration Date
`
`2273128
`
`08/24/1999
`
`Application Date
`
`05/25/1995
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 009. First use: First Use: 1997/03/00 First Use In Commerce: 1997/03/00
`[ * computer software for use as a * screen saver ]
`Class 021. First use: First Use: 1997/01/00 First Use In Commerce: 1997/01/00
`housewares, namely cups and mugs
`Class 035. First use: First Use: 1998/06/10 First Use In Commerce: 1998/06/10
`[ demographic consultation services ]
`
`U.S. Registration
`No.
`Registration Date
`
`3060552
`
`02/21/2006
`
`Application Date
`
`05/28/1997
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 014. First use: First Use: 2003/02/00 First Use In Commerce: 2003/02/00
`[clocks]
`Class 016. First use: First Use: 2002/03/00 First Use In Commerce: 2002/03/00
`wrapping paper, memo pads, playing cards, pens and pencils
`Class 018. First use: First Use: 2002/04/00 First Use In Commerce: 2002/04/00
`umbrellas
`Class 021. First use: First Use: 2003/04/00 First Use In Commerce: 2003/04/00
`cups [and lunch boxes]
`
`
`
`Class 024. First use: First Use: 2004/06/00 First Use In Commerce: 2004/06/00
`towels
`Class 025. First use: First Use: 2003/02/00 First Use In Commerce: 2003/02/00
`socks, [ties, boxer shorts,] T-shirts; headwear[; and footwear]
`
`U.S. Registration
`No.
`Registration Date
`
`2491498
`
`09/18/2001
`
`Application Date
`
`02/12/1996
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 009. First use: First Use: 1999/01/00 First Use In Commerce: 1999/01/00
`[magnets and sunglasses]
`Class 014. First use: First Use: 1998/04/00 First Use In Commerce: 1998/04/00
`[watches]
`Class 016. First use: First Use: 1998/02/00 First Use In Commerce: 1998/02/00
`[ [temporary tattoos; posters; calendars; daily, desktop, and] personal planners ]
`Class 018. First use: First Use: 1998/10/00 First Use In Commerce: 1998/10/00
`backpacks [ and luggage tags ]
`
`U.S. Registration
`No.
`Registration Date
`
`2243909
`
`05/04/1999
`
`Application Date
`
`05/25/1995
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 016. First use: First Use: 1996/03/00 First Use In Commerce: 1996/03/00
`posters
`Class 025. First use: First Use: 1995/04/10 First Use In Commerce: 1995/04/10
`shirts, sweatshirts, shorts, jackets, [visors, ] and hats
`
`U.S. Registration
`No.
`Registration Date
`
`2482907
`
`08/28/2001
`
`Application Date
`
`09/29/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 009. First use: First Use: 2000/11/00 First Use In Commerce: 2000/11/00
`[ Eyeglasses, namely, reading and computer glasses, and sun readers ]
`Class 016. First use: First Use: 1999/07/00 First Use In Commerce: 1999/07/00
`[ Portfolios and folios, namely, stationery-type portfolios; planners, namely, daily,
`desktop, and ] personal planners;[ assignment books; notebooks; diaries;fat
`books, namely, oversized notebooks;writing pads; ] [ note pads in the formof
`
`
`
`cubes; ] [ legal writing pads; papertext book covers; binders; pencil holders; zip-
`per folder packs sold empty; tabbed dividers for notebooks; printing papers,
`namely, business paper, copy paper, writing paper, computer paper,
`looseleafpaper, and stationery; school supplies,namely, pencils, decorative pen-
`cil top ornaments, ] pens, [erasers; and office products,namely, desk top organ-
`izers, desk top rotary card files ], [ desk pads,] [desk stands and holders for
`pens, pencils, and ink, desk baskets for desk accessories, desk file trays, desk
`top stationery cabinets, and desk sets ]
`
`U.S. Registration
`No.
`Registration Date
`
`3398836
`
`03/18/2008
`
`Application Date
`
`05/28/1997
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 003. First use: First Use: 2007/06/30 First Use In Commerce: 2007/06/30
`[Sun block]
`Class 016. First use: First Use: 1998/02/28 First Use In Commerce: 1998/02/28
`Paper and stationery items, namely, paper postcards, personal diaries[, and
`decorative pencil top ornaments]
`Class 024. First use: First Use: 2007/10/31 First Use In Commerce: 2007/10/31
`Throw blankets
`
`U.S. Registration
`No.
`Registration Date
`
`2403227
`
`11/14/2000
`
`Application Date
`
`08/13/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 009. First use: First Use: 1998/03/16 First Use In Commerce: 1998/03/16
`Computer software for providing multiple-user access to computer networks;
`and computer software for use in creating and designing web sites
`Class 035. First use: First Use: 1995/08/01 First Use In Commerce: 1995/08/01
`Online retail and [ mail order ] services in the field of general consumer mer-
`chandise; directory services to help locate people, places, organizations, phone
`numbers, home pages, and electronic mailaddress; promoting the web sites of
`others, namely, distributing advertising for others via an online electronic com-
`munications network
`Class 038. First use: First Use: 1994/06/00 First Use In Commerce: 1994/06/00
`Telecommunications services, namely, providing telephone communications via
`computer networks; electronic transmission of data, images, and documents via
`computer terminals and networks; providing online facilities for real-time interac-
`tion with other computer users concerning topics of general interest and for play-
`ing games; and broadcasting services, namely, audio broadcasting, radio broad-
`casting, cable television broadcasting, television broadcasting, and video broad-
`casting
`Class 039. First use: First Use: 1997/11/10 First Use In Commerce: 1997/11/10
`Making reservations and bookings for transportation and online reservations an-
`
`
`
`dbookings for transportation
`Class 042. First use: First Use: 1996/04/15 First Use In Commerce: 1996/04/15
`Computer services, namely, providing multiple-user access to computer net-
`works for the transfer and dissemination of a wide range of information; provid-
`ing a wide range of general interest information via computer networks; com-
`puter bulletin and message boards in the fields of general interest; design, cre-
`ation, hosting, maintenance, consulting, and technical assistance in the fields of
`designing, creating, hosting, maintaining, operating, managing, advertising, and
`marketing of online commerce websites; making reservations and bookings for
`temporary lodging and online reservations and bookings for temporary lodging
`
`U.S. Registration
`No.
`Registration Date
`
`2040222
`
`02/25/1997
`
`Application Date
`
`01/24/1996
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 009. First use: First Use: 1995/11/01 First Use In Commerce: 1995/11/01
`computer software for searching and retrieving information, sites, and other re-
`sources on computer networks; computer software, namely, a directory of in-
`formation, sites, and resources available on computer networks
`Class 016. First use: First Use: 1995/11/01 First Use In Commerce: 1995/11/01
`[ books regarding computer networks andsearching and retrieving information,
`sites, and other resources on computer networks ]
`Class 035. First use: First Use: 1995/08/01 First Use In Commerce: 1995/08/01
`promoting the goods and services of others by placing advertisements and pro-
`motional displays in an electronic site accessed through computer networks
`Class 042. First use: First Use: 1994/06/01 First Use In Commerce: 1994/06/01
`computer services, namely, creating indexes of information, sites, and other re-
`sources available on computer networks; searching and retrieving information,
`sites, and other resources available on computer networks for others; providing
`anonline link to news, weather, sports, current events, and reference materials
`
`U.S. Registration
`No.
`Registration Date
`
`4756660
`
`06/16/2015
`
`Application Date
`
`09/05/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`The mark consists of "YAHOO!" in a stylized format.
`
`Class 009. First use: First Use: 2013/09/30 First Use In Commerce: 2013/09/30
`Computer software to enable users to locate other game players and play
`games over communications networks; computer software for transmitting elec-
`tronic mail;computer software for electronic messaging; computer software for
`electronic transmission of data, images, and documents via a global computer
`network; computer software for providing online chat rooms and electronic bul-
`letin boards for transmission of messages among users in the field of general in-
`terest; computer software used to search, retrieve, index, and organize data;
`computer software used to enhance the performance and functionality of com-
`puter networks; computer software for searching and retrieving information,
`
`
`
`websites, and other resources on computer networks; computer software for
`providing a directory of information,websites, and resources available on com-
`puter networks; computer software for providing multiple-user access to a com-
`puter network for the dissemination of a wide range and variety of information;
`computer software containing interactive entertainment product, which allows
`usersto customize the viewing, listening, and playing experience by selecting
`and arranging the display and performance of audio, video, and audiovisual ele-
`ments byusers in the fields of music, video andthe entertainment industry; com-
`puter accessories and peripherals, namely, headphones, and mouse pads
`Class 035. First use: First Use: 2013/09/05 First Use In Commerce: 2013/09/05
`Advertising and promotional services for others, namely, placing advertisement-
`sand promotional displays for others in electronic sites accessed via computer
`networks; dissemination of advertising matter, namely, providing advertising and
`graphic, multi-media and interactive images through computer networks for use
`onpersonal home pages; promoting the goods and services of others by means
`of operating an online shopping mall with links to the retail web sites of others;
`providing information via the Internet regarding the goods and services of others
`in the nature of a buyers' guide; online comparison shopping services; compiling
`and maintaining online commercial information directories; providing an online
`commercial and residential information directory on the Internet; providing online
`directory information services also featuring hyperlinks to other websites; tele-
`phone directory information; business consulting and technical assistance re-
`garding the operating, managing, advertising, and marketing of websites for oth-
`ers; business consulting services; businessmarketing consultation in the field of
`online commerce websites; general business networking referral services,
`namely,promoting the goods and services of others by passing business leads
`and referrals; providing information regarding coupons provided by others;
`providing consumer product information via the Internet; electronic calendaring
`and reminder services for business purposes rendered via computer networks
`for organizing and recording appointments and events in the nature of a website
`with features to organize appointments, reminders, and dates
`Class 038. First use: First Use: 2013/09/05 First Use In Commerce: 2013/09/05
`Broadcasting of audio, video, and multimedia content by means of radio, cellular
`communication, wireless communication,the Internet, electronic communication-
`snetworks, and computer networks; electronic mail services; providing multiple
`user access to computer networks; providing multiple-user access to computer
`networks for the transfer and dissemination of a wide range of information; elec-
`tronic transmission of data, messages, images, and documents via computer
`networks; internet telephony services; providing telephone communication ser-
`vices via computer terminals and networks; electronic store-and-forward mes-
`saging services; providing online chat rooms and electronicbulletin/message
`boards for transmission of messages among users in the field of general interest
`and for playing games; voice mail services; voice messaging services; providing
`online communicationslinks which transfer the website user to other local and
`global web pages
`Class 041. First use: First Use: 2013/09/05 First Use In Commerce: 2013/09/05
`Entertainment services in the nature ofproviding non-downloadable online
`gamesand contests provided via computer networks; providing information relat-
`ing to electronic and computer games; providingnon-downloadable multimedia
`entertainment content, namely, games and ongoing shows featuring music and
`sports via computer networks; ongoing entertainment programs broadcast via
`radio, cellular communication, wireless communication, the Internet, electronic
`communications networks, and computer networks in the fields of news, weath-
`er, sports, travel, current events, reference information, computing, technology,
`shopping, movies, theater, music, health, education, science, and finance; pro-
`duction of music video programs for broadcast on computer networks; entertain-
`ment services, namely, providing information in the fields of education, entertain-
`ment, current event news, and sports for children and adults via computer net-
`
`
`
`works; providing entertainmentand television listings via the Internet; organizing
`and conducting fantasy sports contests and leagues; providing online fantasy
`sports news information; providing sports information via telephone, cellular tele-
`phone, wireless communication devices, and the Internet; providing information
`in the field of sports, sports scores, sports statistics, player statistics, play-
`by-play sports commentary,and sports editorial commentary via theInternet;
`providing a web site featuring musical performances, musical videos, film clips,
`celebrity interviews, talk shows, television show previews, photographs, and oth-
`er entertainment related multimedia materials; online photography services;
`providing non-downloadable prerecorded music, information in the field of mu-
`sic, and commentary and articles about music, all via computer networks;
`providing information regarding photography
`Class 042. First use: First Use: 2013/09/05 First Use In Commerce: 2013/09/05
`Computer services, namely, creating indexes of information, sites, and other re-
`sources available on computer networks for others; searching and retrieving in-
`formation, sites, and other resources available on computer networks for others;
`search engine services for others; design, creation, hosting, and maintenance of
`websites for others; providing temporaryuse of online non-downloadable soft-
`warefor use in designing, creating, hosting, maintaining, and operating personal
`web pages; providing customized online webpages featuring user-defined in-
`formation, which includes search engines and online web links to other web-
`sites; online computer mapping services; mapping services, namely, providing a
`website and website links to geographic information, map images, and trip rout-
`ing; computer services, namely, non-downloadable computersoftware provided
`online for spam filtering, firewall protection, and parental control; website featur-
`ing technology that allows users to locate other game players and play games
`over communication networks
`Class 045. First use: First Use: 2013/09/05 First Use In Commerce: 2013/09/05
`Domain name registration services
`
`U.S. Registration
`No.
`Registration Date
`
`4756659
`
`06/16/2015
`
`Application Date
`
`09/05/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`The mark consists of "YAHOO!" in a stylized format in violet.
`
`Class 009. First use: First Use: 2013/09/30 First Use In Commerce: 2013/09/30
`Computer software to enable users to locate other game players and play
`games over communications networks; computer software for transmitting elec-
`tronic mail;computer software for electronic messaging; computer software for
`electronic transmission of data, images, and documents via a global computer
`network; computer software for providing online chat rooms and electronic bul-
`letin boards for transmission of messages among users in the field of general in-
`terest; computer software used to search, retrieve, index, and organize data;
`computer software used to enhance the performance and functionality of com-
`puter networks; computer software for searching and retrieving information,
`websites, and other resources on computer networks; computer software for
`providing a directory of information,websites, and resources available on com-
`puter networks; computer software for providing multiple-user access to a com-
`puter network for the dissemination of a wide range and variety of information;
`computer software containing interactive entertainment product, which allows
`usersto customize the viewing, listening, and playing experience by selecting
`and arranging the display and performance of audio, video, and audiovisual ele-
`ments byusers in the fields of music, video andthe entertainment industry; com-
`
`
`
`puter accessories and peripherals, namely, headphones, and mouse pads
`Class 035. First use: First Use: 2013/09/05 First Use In Commerce: 2013/09/05
`Advertising and promotional services for others, namely, placing advertisement-
`sand promotional displays for others in electronic sites accessed via computer
`networks; dissemination of advertising matter, namely, providing advertising and
`graphic, multi-media and interactive images through computer networks for use
`onpersonal home pages; promoting the goods and services of others by means
`of operating an online shopping mall with links to the retail web sites of others;
`providing information via the Internet regarding the goods and services of others
`in the nature of a buyers' guide; online comparison shopping services; compiling
`and maintaining online commercial information directories; providing an online
`commercial and residential information directory on the Internet; providing online
`directory information services also featuring hyperlinks to other websites; tele-
`phone directory information; business consulting and technical assistance re-
`garding the operating, managing, advertising, and marketing of websites for oth-
`ers; business consulting services; businessmarketing consultation in the field of
`online commerce websites; general business networking referral services,
`namely,promoting the goods and services of others by passing business leads
`and referrals; providing information regarding coupons provided by others;
`providing consumer product information via the Internet; electronic calendaring
`and reminder services for business purposes rendered via computer networks
`for organizing and recording appointments and events in the nature of a website
`with features to organize appointments, reminders, and dates
`Class 038. First use: First Use: 2013/09/05 First Use In Commerce: 2013/09/05
`Broadcasting of audio, video, and multimedia content by means of radio, cellular
`communication, wireless communication,the Internet, electronic communication-
`snetworks, and computer networks; electronic mail services; providing multiple
`user access to computer networks; providing multiple-user access to computer
`networks for the transfer and dissemination of a wide range of information; elec-
`tronic transmission of data, messages, images, and documents via computer
`networks; internet telephony services; providing telephone communication ser-
`vices via computer terminals and networks; electronic store-and-forward mes-
`saging services; providing online chat rooms and electronicbulletin/message
`boards for transmission of messages among users in the field of general interest
`and for playing games; voice mail services; voice messaging services; providing
`online communicationslinks which transfer the website user to other local and
`global web pages
`Class 041. First use: First Use: 2013/09/05 First Use In Commerce: 2013/09/05
`Entertainment services in the nature ofproviding non-downloadable online
`gamesand contests provided via computer networks; providing information relat-
`ing to electronic and computer games; providingnon-downloadable multimedia
`entertainment content, namely, games and ongoing shows featuring music and
`sports via computer networks; ongoing entertainment programs broadcast via
`radio, cellular communication, wireless communication, the Internet, electronic
`communications networks, and computer networks in the fields of news, weath-
`er, sports, travel, current events, reference information, computing, technology,
`shopping, movies, theater, music, health, education, science, and finance; pro-
`duction of music video programs for broadcast on computer networks; entertain-
`ment services, namely, providing information in the fields of education, entertain-
`ment, current event news, and sports for children and adults via computer net-
`works; providing entertainmentand television listings via the Internet; organizing
`and conducting fantasy sports contests and leagues; providing online fantasy
`sports news information; providing sports information via telephone, cellular tele-
`phone, wireless communication devices, and the Internet; providing information
`in the field of sports, sports scores, sports statistics, player statistics, play-
`by-play sports commentary,and sports editorial commentary via theInternet;
`providing a web site featuring musical performances, musical videos, film clips,
`celebrity interviews, talk shows, television show previews, photographs, and oth-
`
`
`
`er entertainment related multimedia materials; online photography services;
`providing non-downloadable prerecorded music, information in the field of mu-
`sic, and commentary and articles about music, all via computer networks;
`providing information regarding photography
`Class 042. First use: First Use: 2013/09/05 First Use In Commerce: 2013/09/05
`Computer services, namely, creating indexes of information, sites, and other re-
`sources available on computer networks for others; searching and retrieving in-
`formation, sites, and other resources available on computer networks for others;
`search engine services for others; design, creation, hosting, and maintenance of
`websites for others; providing temporaryuse of online non-downloadable soft-
`warefor use in designing, creating, hosting, maintaining, and operating personal
`web pages; providing customized online webpages featuring user-defined in-
`formation, which includes search engines and online web links to other web-
`sites; online computer mapping services; mapping services, namely, providing a
`website and website links to geographic information, map images, and trip rout-
`ing; computer services, namely, non-downloadable computersoftware provided
`online for spam filtering, firewall protection, and parental control; website featur-
`ing technology that allows users to locate other game players and play games
`over communication networks
`Class 045. First use: First Use: 2013/09/05 First Use In Commerce: 2013/09/05
`Domain name registration services
`
`U.S. Registration
`No.
`Registration Date
`
`2564963
`
`04/30/2002
`
`Application Date
`
`05/14/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 038. First use: First Use: 1999/08/11 First Use In Commerce: 1999/08/11
`TELECOMMUNICATIONS SERVICES, NAMELY, BROADCASTING AND DE-
`LIVERY OF AUDIO, VIDEO,AND MULTIMEDIA CONTENT BY MEANS OF
`CELLULAR AND WIRELESS COMMUNICATION, ELECTRONIC COMMUNIC-
`ATIONS NETWORKS, AND COMPUTER NETWORKS; DELIVERY OF MES-
`SAGES BY ELECTRONIC TRANSMISSION; AND PAGING SERVICES
`
`U.S. Registration
`No.
`Registration Date
`
`2187292
`
`09/08/1998
`
`Application Date
`
`02/28/1997
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 035. First use: First Use: 1997/09/22 First Use In Commerce: 1997/09/22
`online computer services, namely, providing information regarding the goods
`andservices of others in the nature of a buyers' guide, by means of a global
`computer network
`
`U.S. Registration
`No.
`Registration Date
`
`2159115
`
`05/19/1998
`
`Application Date
`
`08/13/1997
`
`Foreign Priority
`
`NONE
`
`
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`Date
`
`YAHOO!
`
`NONE
`
`Class 038. First use: First Use: 1997/10/00 First Use In Commerce: 1997/10/00
`electronic mail services
`
`U.S. Registration
`No.
`Registration Date
`
`2715989
`
`05/13/2003
`
`Application Date
`
`05/14/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 038. First use: First Use: 1996/09/16 First Use In Commerce: 1996/09/16
`TELECOMMUNICATION SERVICES, NAMELY, BROADCASTING AND DELIV-
`ERY OF AUDIO, VIDEO, AND MULTIMEDIA CONTENT[ BY MEANS OF RA-
`DIO, TELEVISION, CABLE TELEVISION, AND CLOSED CIRCUIT;] AND
`TELEPHONY SERVICES
`
`U.S. Registration
`No.
`Registration Date
`
`3039073
`
`01/10/2006
`
`Application Date
`
`01/21/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`YAHOO!
`
`NONE
`
`Class 041. First use: First Use: 1995/08/09 First Use In Commerce: 1995/08/09
`Entertainment and education services, namely, providing online computer
`games and contests; online computer services toenable people to locate other
`game players and play games over communications networks; ongoing enter-
`tainment programs broadcast via [ radio, cellular, and ] wireless communication,
`the Internet, electronic communications networks, and computer networks in the
`fields of news, weather, sports, travel, current events, reference information, ca-
`reer information, computing, technology, shopping, [auctions,] movies, theater,
`music, health, education, science, finance, and investing; providing sports in-
`formation via [telephone, ] cellular telephone, wireless communication devices,
`and the Internet; providing information in the field of sports, sports scores, sports
`statistics, player statistics, play-by-play sports commentary, and sports editorial
`commentary via the Internet; [ conducting classes to train employment recruiters
`and personnel managers how to optimize the hiring process; ] providing informa-
`tion and news online in the fields of employment training; movie schedule and
`location information services; providing a website featuring information, listings,
`and news regarding television programming and entertainment; providing in-
`formation in the fields of news and entertainment, namely, movies, television,
`music, sports, and celebrity personalities via computernetworks; entertainment
`services in theform of a continuing news show distributed over computer net-
`works; organizing and conducting fantasy sports contests and leagues; provid-
`ing online fantasy sports news information; providing horoscopeinformation and
`entertainment via computer networks; providing information relating to electronic
`
`
`
`and computer games; production of music video programs for broadcast on
`computer networks; entertainment services, namely, providing a web site featur-
`ing musical performances, musical videos, film clips, celebrity interviews, talk
`shows, television show previews, photographs, and other multimedia materials;
`providing prerecorded music, information in the field of music, and commentary
`and articles about music, all viacomputer networks; providing information re-
`garding photography
`
`U.S. Application/ Registra-
`tion No.
`Registration Date
`Word Mark
`Goods/Services
`
`NONE
`
`Application Date
`
`NONE
`
`NONE
`YAHOO!
`Computer software; computer accessories; advertising; promotional
`and marketing services for others; broadcasting services; electronic
`mail and messaging and communication services; entertainment ser-
`vices; information services; news services; computer services; search
`engine services for others; domain name registration services; appar-
`el; hats; personal-care products; notebooks; pens; sunglasses; back-
`packs; bags; umbrellas; mugs; water bottles; headphones; cell phone
`accessories.
`
`Attachments
`
`YAHOOSHI Notice of Opposition.pdf(765087 bytes )
`
`Signature
`Name
`Date
`
`/David M. Kelly/
`DAVID M. KELLY
`09/09/2020
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`OATH INC.,
`
`
`
`
`Opposer
`
`
`
`SHENZHEN TIANZHUO YAOMEI
`TECHNOLOGY CO., LTD.,
`
`
`
`
`v.
`
`Applicant.
`
`
`
`
`
`Opposition No:
`
`Mark: YAHOOSHI
`Serial No.: 88513806
`Filed: July 15, 2019
`
`
`
`
`NOTICE OF OPPOSITION
`
`Oath Inc. (“Opposer”) believes that it is being and will be damaged by Shenzhen
`
`Tianzhuo Yaomei Technology Co., Ltd.’s (“Applicant”) registration of the mark shown in
`
`U.S. Trademark Application Serial No. 88513806 in International Class 21, and hereby
`
`opposes the same. As grounds for its opposition, Opposer alleges the following, upon
`
`actual knowledge with respect to Opposer’s own acts, and upon information and belief
`
`as to other matters:
`
`The Yahoo Business and the YAHOO! Mark
`
`Oath Inc. is a Delaware corporation with its principal place of business at
`
`1.
`
`22000 AOL Way, Dulles, Virginia, 20166. Oath Inc. owns the Yahoo business and the
`
`famous YAHOO! trademark. (Oath Inc. and its predecessors-in-interest to the YAHOO!
`
`trademark are collectively referred to as “Yahoo”.)
`
`2.
`
`YAHOO! has long been one of the most recognized brands in the world.
`
`For many years, hundreds of millions of people have made Yahoo a part of their daily
`
`routines, including through Yahoo’s messaging and communications software and
`
`
`
`
`
`App. Serial No. 88513806
`
`services offered on Yahoo’s platform via Yahoo’s YAHOO.COM website, long one of
`
`the most popular websites on the Internet, as well as via Yahoo’s additional websites
`
`and apps.
`
`3.
`
`Yahoo has enjoyed substantial commercial success during its 20+ years
`
`using the YAHOO! mark with total revenues of billions of dollars over that period. Yahoo
`
`has spent many millions of dollars during that time promoting and advertising its
`
`products and services under the YAHOO! mark.
`
`4.
`
`As a result of Yahoo’s extensive use, promotion, and registration of the
`
`YAHOO! mark for more than