Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1092340
`10/30/2020
`
`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
`
`Beyond Meat, Inc.
`11/01/2020
`
`119 STANDARD ST.
`EL SEGUNDO, CA 90245
`UNITED STATES
`
`KRISTIN S. CORNUELLE
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`2050 MAIN ST., SUITE 1100
`IRVINE, CA 92614
`UNITED STATES
`Primary Email: ipprosecution@orrick.com
`Secondary Email(s): kcornuelle@orrick.com, mweddington@orrick.com,
`bwang@orrick.com, bela.karmel@orrick.com
`5039434828
`
`Docket Number
`
`26074.2004
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`88510435
`10/30/2020
`
`Publication date
`Opposition Peri-
`od Ends
`
`05/05/2020
`11/01/2020
`
`Katjes Fassin GmbH + Co. KG
`DECHANT-SPRüNKEN-STR. 53-57
`EMMERICH, 46446
`FED REP GERMANY
`
`Goods/Services Affected by Opposition
`
`Class 030. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Confectionery, namely, candy; confection-
`ery, namely, chocolate; dairy-free chocolate; chocolate-flavored confectionery,namely, vegan chocol-
`ate substitute candy bars; non-dairy chocolate flavoured candy bars; cacao-flavoured chocolate bars;
`cacao-based candy bars; cacao-based fondant bars; cacao-flavoured fondant bars; imitation chocol-
`ate-flavored confectionery, namely, vegan chocolate substitutecandy bars; non-dairy chocolate fla-
`voured candy bars; cacao-flavoured chocolatebars; cacao-based candy bars; cacao-based fondant
`bars; cacao-flavoured fondantbars; chocolate based products, namely,chocolate based snack foods
`and chocolate based candy bars; dairy-free chocolate based products, namely, dairy-free chocolate
`flavored snack foods, and dairy-free chocolate based candy bars; cocoa based products, namely, co-
`coa-based snack foods and cocoa-based candy bars; dairy-free cocoa based products, namely,
`dairy-free cocoa-based snack foods and dairy-free cocoa-based candy bars; cocoa basedconfection-
`
`

`

`ery products, namely candy and chocolate; dairy-free cocoa based confectionery products, namely,
`candy, chocolate and dairy-free cocoa based confectionary bars featuring hazelnut; chocolatecouver-
`ture; candy with cocoa; cocoa products, namely, cocoa snack foods and candy bars; foods with a co-
`coa base, namely, snack foods and candy bars
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`4314689
`
`04/02/2013
`
`Application Date
`
`04/24/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND MEAT
`
`NONE
`
`Class 029. First use: First Use: 2012/05/29 First Use In Commerce: 2012/05/29
`Meat substitutes; vegetarian meat products; plant-based meat substitutes
`
`U.S. Registration
`No.
`Registration Date
`
`4654351
`
`12/09/2014
`
`Application Date
`
`02/24/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND CHICKEN
`
`NONE
`
`Class 029. First use: First Use: 2014/08/19 First Use In Commerce: 2014/08/19
`Meat substitutes; vegetarian meat products; plant-based meat substitutes
`
`U.S. Registration
`No.
`Registration Date
`
`4654352
`
`12/09/2014
`
`Application Date
`
`02/24/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND BEEF
`
`NONE
`
`Class 029. First use: First Use: 2014/08/19 First Use In Commerce: 2014/08/19
`Meat substitutes; vegetarian meat products; plant-based meat substitutes
`
`U.S. Registration
`No.
`Registration Date
`
`5101972
`
`12/13/2016
`
`Word Mark
`Design Mark
`Description of
`
`THE BEYOND BURGER
`
`NONE
`
`Application Date
`
`02/24/2016
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`Goods/Services
`
`Class 029. First use: First Use: 2016/05/23 First Use In Commerce: 2016/05/23
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`5499242
`
`Application Date
`
`05/24/2017
`
`06/19/2018
`
`Foreign Priority
`Date
`THE FUTURE OF PROTEIN BEYOND MEAT
`
`NONE
`
`The mark consists of the words "THE FUTURE OF PROTEIN" directly above of
`a lineof dots which is directly above the word "BEYOND" with an image of a fork
`tinespointing upwards inside the "O" of "BEYOND" with the word "MEAT" and 10
`dots oneach side of "MEAT" below and centered of "BEYOND", all of which is
`contained within a geometric shape representing a sales tag.
`Class 029. First use: First Use: 2016/05/23 First Use In Commerce: 2016/05/25
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Registration
`No.
`Registration Date
`
`5504568
`
`06/26/2018
`
`Application Date
`
`06/07/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND SAUSAGE
`
`NONE
`
`Class 029. First use: First Use: 2017/12/18 First Use In Commerce: 2017/12/18
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Registration
`No.
`Registration Date
`
`5910554
`
`11/12/2019
`
`Application Date
`
`03/19/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND BURGER
`
`NONE
`
`Class 029. First use: First Use: 2019/02/00 First Use In Commerce: 2019/02/00
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Registration
`No.
`Registration Date
`
`6071089
`
`06/02/2020
`
`Application Date
`
`08/26/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`
`BEYOND FRIED CHICKEN
`
`

`

`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 029. First use: First Use: 2019/08/26 First Use In Commerce: 2019/08/26
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`6059295
`
`Application Date
`
`04/30/2018
`
`05/19/2020
`
`Foreign Priority
`Date
`BEYOND BREAKFAST SAUSAGE
`
`NONE
`
`NONE
`
`Class 029. First use: First Use: 2019/07/00 First Use In Commerce: 2020/03/11
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Registration
`No.
`Registration Date
`
`5928278
`
`12/03/2019
`
`Application Date
`
`10/22/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`GO BEYOND
`
`NONE
`
`Class 029. First use: First Use: 2016/00/00 First Use In Commerce: 2019/02/00
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`87512291
`
`NONE
`
`Application Date
`
`06/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND TURKEY
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`87512293
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`BEYOND PORK
`
`NONE
`
`Application Date
`
`06/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Goods/Services
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`87512298
`
`NONE
`
`Application Date
`
`06/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND HAM
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`87512304
`
`NONE
`
`Application Date
`
`06/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND CRAB
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`87512309
`
`NONE
`
`Application Date
`
`06/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND FISH
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`87512310
`
`NONE
`
`Application Date
`
`06/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND SHRIMP
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`
`

`

`tutes
`
`U.S. Application
`No.
`Registration Date
`
`87512314
`
`NONE
`
`Application Date
`
`06/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND TUNA
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`87512318
`
`NONE
`
`Application Date
`
`06/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND LAMB
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`87512323
`
`NONE
`
`Application Date
`
`06/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND GROUND
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`87512332
`
`NONE
`
`Application Date
`
`06/30/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND HOT DOGS
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`

`

`U.S. Application
`No.
`Registration Date
`
`87960109
`
`NONE
`
`Application Date
`
`06/13/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND NUGGETS
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat substitutes; plant-based meat sub-
`stitutes
`
`U.S. Application
`No.
`Registration Date
`
`88337055
`
`NONE
`
`Application Date
`
`03/12/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND BURRITO
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`88468221
`
`NONE
`
`Application Date
`
`06/11/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND BRUNCH
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`88441693
`
`NONE
`
`Application Date
`
`05/22/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND CHILI
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`
`88302178
`
`Application Date
`
`02/14/2019
`
`

`

`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND JERKY
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat substitutes; plant-based meat sub-
`stitutes; vegan and vegetarian jerky
`
`U.S. Application
`No.
`Registration Date
`
`88468210
`
`NONE
`
`Application Date
`
`06/11/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND MEATBALLS
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Application
`No.
`Registration Date
`
`88399826
`
`NONE
`
`Application Date
`
`04/24/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`BEYOND DAY
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`Attachments
`
`Notice of Opposition BEYOND MILK 2.pdf(102377 bytes )
`
`Signature
`Name
`Date
`
`/Kristin S. Cornuelle/
`KRISTIN S. CORNUELLE
`10/30/2020
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`
`
`
`In the Matter of Application Serial No. 88/510,435
`Published in the Official Gazette on May 5, 2020
`Designation: BEYOND MILK
`
`Beyond Meat, Inc.,
`
`
`
`
`
`Katjes Fassin GmbH + Co. KG,
`
`
`
`
`
`
`Applicant.
`
`
`
`NOTICE OF OPPOSITION
`
`Beyond Meat, Inc., (“Opposer”), a Delaware corporation having an address at 119
`
`Standard St., El Segundo, CA 90245, believes it will be damaged by registration of the
`
`designation BEYOND MILK as shown in Serial No. 88/510,435 in International Class 30 and
`
`hereby opposes the same.
`
`As grounds for opposition, Opposer alleges:
`
`1.
`
`Katjes Fassin GmbH + Co. KG (“Applicant”), has filed an application to register
`
`the designation BEYOND MILK as evidenced by the publication of such designation in the
`
`Official Gazette on May 5, 2020. Applicant is seeking to register the designation BEYOND
`
`MILK in connection with “Confectionery, namely, candy; confectionery, namely, chocolate;
`
`dairy-free chocolate; chocolate-flavored confectionery, namely, vegan chocolate substitute candy
`
`bars; non-dairy chocolate flavoured candy bars; cacao-flavoured chocolate bars; cacao-based
`
`candy bars; cacao-based fondant bars; cacao-flavoured fondant bars; imitation chocolate-
`
`flavored confectionery, namely, vegan chocolate substitute candy bars; non-dairy chocolate
`
`flavoured candy bars; cacao-flavoured chocolate bars; cacao-based candy bars; cacao-based
`
` 4165-7560-8104
`
`
`1
`
`

`

`
`
`fondant bars; cacao-flavoured fondant bars; chocolate based products, namely, chocolate based
`
`snack foods and chocolate based candy bars; dairy-free chocolate based products, namely, dairy-
`
`free chocolate flavored snack foods, and dairy-free chocolate based candy bars; cocoa based
`
`products, namely, cocoa-based snack foods and cocoa-based candy bars; dairy-free cocoa based
`
`products, namely, dairy-free cocoa-based snack foods and dairy-free cocoa-based candy bars;
`
`cocoa based confectionery products, namely candy and chocolate; dairy-free cocoa based
`
`confectionery products, namely, candy, chocolate and dairy-free cocoa based confectionary bars
`
`featuring hazelnut; chocolate couverture; candy with cocoa; cocoa products, namely, cocoa
`
`snack foods and candy bars; foods with a cocoa base, namely, snack foods and candy bars.”
`
`2.
`
`Applicant is, upon information and belief, a German company with an address at
`
`Dechant-Sprünken-Str. 53-57 Emmerich, Germany 46446.
`
`3.
`
`On information and belief, Applicant intends to use the designation BEYOND
`
`MILK in connection with confectionery and candy goods.
`
`4.
`
`Applicant’s application for the designation BEYOND MILK was published in the
`
`Official Gazette on May 5, 2020. Opposer has sought and has subsequently been granted
`
`Extensions of Time to Oppose Applicant’s application up to and including November 1, 2020.
`Therefore, Opposer’s Notice of Opposition is timely.
`
`5.
`
`Opposer is a leading provider of vegan and vegetarian meat substitutes in
`
`connection with its BEYOND family of marks. Opposer is the owner of the BEYOND MEAT
`
`mark and the BEYOND family of trademarks – BEYOND MEAT, BEYOND CHICKEN,
`
`BEYOND BEEF, BEYOND SAUSAGE, BEYOND BURGER, THE BEYOND BURGER,
`
`BEYOND FRIED CHICKEN, BEYOND BREAKFAST SAUSAGE, GO BEYOND and THE
`
`FUTURE OF PROTEIN BEYOND MEAT and Design (the “BEYOND family of marks”),
`
`which it has used in interstate commerce in connection with meat substitutes, vegan and
`
`vegetarian meat products and plant-based meat substitutes, since at least as early as May 2012.
`
`Opposer has invested considerable resources in advertising and promoting its goods and has
`
` 4165-7560-8104
`
`
`2
`
`

`

`
`
`acquired substantial goodwill under the BEYOND MEAT trademark and the BEYOND family
`
`of marks.
`
`6.
`
`Opposer is the owner of U.S. Trademark Registration No. 4,314,689 for the
`
`trademark BEYOND MEAT for “Meat substitutes; vegan and vegetarian meat products; plant-
`based meat substitutes” in International Class 29. Opposer’s Registration 4,314,689 was filed on
`
`April 24, 2012 based on an intent to use and registered on April 2, 2013.
`
`7.
`
`Opposer is also the owner of U.S. Trademark Registration No. 4,654,351 for the
`
`trademark BEYOND CHICKEN for “Meat substitutes; vegan and vegetarian meat products;
`plant-based meat substitutes” in International Class 29. Opposer’s Registration No. 4,654,351
`
`was filed on February 24, 2014 based on an intent to use and registered on December 9, 2014.
`
`8.
`
`Opposer is also the owner of U.S. Trademark Registration No. 4,654,352 for the
`
`trademark BEYOND BEEF for “Meat substitutes; vegan and vegetarian meat products; plant-
`based meat substitutes” in International Class 29. Opposer’s Registration No. 4,654,352 was
`
`filed on February 24, 2014 based on an intent to use and registered on December 9, 2014.
`
`9.
`
`Opposer is also the owner of U.S. Trademark Registration No. 5,101,972 for the
`
`trademark THE BEYOND BURGER for “Meat substitutes; vegan and vegetarian meat products;
`plant-based meat substitutes” in International Class 29. Opposer’s Registration No. 5,101,972
`
`was filed on February 24, 2016 based on an intent to use and registered on December 13, 2016.
`
`10.
`
`Opposer is also the owner of U.S. Trademark Registration No. 5,499,242 for the
`
`trademark THE FUTURE OF PROTEIN BEYOND MEAT and Design for “Meat substitutes;
`vegan and vegetarian meat products; plant-based meat substitutes” in International Class 29.
`Opposer’s Registration No. 5,499,242 was filed on May 24, 2017 based on an intent to use and
`
`registered on June 19, 2018.
`
`11.
`
`Opposer is also the owner of U.S. Trademark Registration No. 5,504,568 for the
`
`trademark BEYOND SAUSAGE for “Meat substitutes; vegan and vegetarian meat products;
`plant-based meat substitutes” in International Class 29. Opposer’s Registration No. 5,504,568
`
`was filed on June 7, 2017 based on an intent to use and registered on June 26, 2018.
`
` 4165-7560-8104
`
`
`3
`
`

`

`
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`12.
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`Opposer is also the owner of U.S. Trademark Registration No. 5,910,554 for the
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`trademark BEYOND BURGER for “Meat substitutes; vegan and vegetarian meat products;
`plant-based meat substitutes” in Class 29. Opposer’s Registration No. 5,910,554 was filed on
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`March 19, 2019 based on an intent to use and registered on November 12, 2019.
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`13.
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`Opposer is also the owner of U.S. Trademark Registration No. 6,071,089 for the
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`trademark BEYOND FRIED CHICKEN for “Meat substitutes; vegan and vegetarian meat
`products; plant-based meat substitutes” in Class 29. Opposer’s Registration No. 6,071,089 was
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`filed on August 26, 2019 based on an intent to use and registered on June 2, 2020.
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`14. Opposer is also the owner of U.S. Trademark Registration No. 6,059,295 for the
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`trademark BEYOND BREAKFAST SAUSAGE for “Meat substitutes; vegan and vegetarian
`meat products; plant-based meat substitutes” in Class 29. Opposer’s Registration No. 6,059,295
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`was filed on April 30, 2018 based on an intent to use and registered on May 19, 2020.
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`15.
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`Opposer is also the owner of U.S. Trademark Registration No. 5,928,278 for the
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`trademark GO BEYOND for “Meat substitutes; vegan and vegetarian meat products; plant-based
`meat substitutes” in Class 29. Opposer’s Registration No. 5,928,278 was filed on October 22,
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`2018 based on an intent to use and registered on December 3, 2019.
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`16.
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`Opposer’s Registration Nos. 4,314,689, 4,654,351, 4,654,352, 5,101,972,
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`5,499,242, 5,504,568, 5,910,554, 6,071,089, 6,059,295 and 5,928,278 are valid and subsisting,
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`and are prima facie evidence of the validity of the registered marks set forth therein, and of
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`Opposer’s exclusive right to use the registered marks set forth therein.
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`17.
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`Opposer is also the owner of multiple U.S. trademark applications that pre-date
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`Applicant’s filing date, including the following: BEYOND TURKEY, Serial No. 87/512,291,
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`BEYOND PORK, Serial No. 87/512,293, BEYOND HAM, Serial No. 87/512,298, BEYOND
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`CRAB, Serial No. 87/512,304, BEYOND FISH, Serial No. 87/512,309, BEYOND SHRIMP,
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`Serial No. 87/512,310, BEYOND TUNA, Serial No. 87/512,314, BEYOND LAMB, Serial No.
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`87/512,318, BEYOND GROUND, Serial No. 87/512,323, BEYOND HOT DOGS, Serial No.
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`87/512,332, BEYOND NUGGETS, Serial No. 87/960,109, BEYOND BURRITO, Serial No.
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`88/337,055, BEYOND BRUNCH, Serial No. 88/468,221, BEYOND CHILI, Serial No.
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`88/441,693, BEYOND JERKY, Serial No. 88/302,178, BEYOND MEATBALLS, Serial No.
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`88/468,210, and BEYOND DAY, Serial No. 88/399,826.
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`18.
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`Opposer has offered its goods for sale under the BEYOND MEAT trademark in
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`interstate commerce since at least as early as May 29, 2012 and has developed valuable goodwill
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`with respect to the BEYOND family of marks.
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`19. Opposer has made a substantial investment in advertising and promoting its
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`BEYOND family of marks. Opposer has extensively used, advertised, promoted, offered, and
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`rendered Opposer’s goods under the BEYOND mark to the public through various channels of
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`trade in commerce. By virtue of its efforts and the expenditure of considerable sums for
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`promotional and advertising activities, and by virtue of the excellence of its products, Opposer
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`has built extensive goodwill in its BEYOND family of marks and has created, in the minds of the
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`general public, an exclusive association between the BEYOND trademark and Opposer’s goods.
`Opposer has priority over Applicant’s application as Opposer has made actual use
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`20.
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`of the trademark BEYOND MEAT since at least as early as May 2012, which predates
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`Applicant’s filing date of July 11, 2019. Indeed, all of Applicant’s claimed use in commerce
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`dates, except for BEYOND BREAKFAST SAUSAGE and BEYOND FRIED CHICKEN, are
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`earlier than Applicant’s filing date. Furthermore, each of Opposer’s trademark registrations for
`the BEYOND family of marks were filed prior to Applicant’s filing date of July 11, 2019, and
`Opposer also has priority over Applicant’s application on that basis.
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`21.
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`The designation proposed for registration by Applicant, namely, BEYOND
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`MILK, is likely to be confused with Opposer’s trademark, BEYOND MEAT, and its family of
`BEYOND marks because Applicant’s designation and Opposer’s trademark and trademark
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`application are highly similar in appearance, sound, meaning and overall commercial impression.
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`22.
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`In addition, Applicant has disclaimed “MILK” from its BEYOND MILK
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`designation due to descriptiveness, as requested by the U.S. Patent and Trademark Office
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`(“USPTO”) in an office Action issued on September 23, 2019, which leaves “BEYOND” as the
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`only distinctive and dominant element in Applicant’s BEYOND MILK designation. As such,
`Applicant’s designation is even more likely to be confused with Opposer’s trademark, BEYOND
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`MEAT, and its family of BEYOND marks.
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`23. Moreover, Applicant seeks to register BEYOND MILK in connection with goods
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`that are related to the goods of Opposer, and such use so nearly resembles Opposer’s use as to be
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`likely to cause confusion, to cause mistake or to deceive consumers as to the origin, sponsorship
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`and approval of Applicant’s products and services within the meaning of 15 U.S.C. § 1052(d).
`Applicant’s goods provided in connection with the BEYOND MILK designation
`will likely be offered and travel in the same channels of trade as Opposer’s goods sold under the
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`24.
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`BEYOND MEAT trademark and BEYOND family of marks; and said goods will likely be
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`purchased by the same class of consumers, thus causing consumers and the trade to wrongly
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`associate Applicant’s goods with Opposer’s goods, and causing the purchasing public to assume
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`that goods offered under the designation BEYOND MILK emanate from, or are approved,
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`licensed, or sponsored by Opposer, have the same source as Opposer’s products, or that
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`Applicant is affiliated with Opposer.
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`25.
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`If Applicant is permitted to use and register the BEYOND MILK designation for
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`its goods as specified in the opposed application, confusion in trade resulting in damage and
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`injury to Opposer would be caused and would result by reason of the fact that Applicant’s
`designation is confusingly similar to Opposer’s registered trademarks. Persons familiar with
`Opposer’s BEYOND MEAT mark and the BEYOND family of marks would be likely to
`purchase Applicant’s BEYOND MILK goods as goods offered and provided by Opposer.
`Indeed, any defect, objection, or fault found with Applicant’s goods marketed under the
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`BEYOND MILK designation would be likely to reflect upon and seriously injure the reputation
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`that Opposer has established for the high-quality goods expected by consumers and offered
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`under its BEYOND MEAT mark and the BEYOND family of marks.
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`26.
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`If Applicant is granted the registration herein opposed, such registration would be
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`a source of damage and injury to Opposer.
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`WHEREFORE, Opposer prays that the opposition be sustained, and that the application
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`be refused for registration.
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`Dated: October 30, 2020
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`Respectfully submitted,
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`ORRICK, HERRINGTON & SUTCLIFFE LLP
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`/Kristin S. Cornuelle/
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`By:
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`Kristin S. Cornuelle
`Betsy W. Lee
`Bela Karmel
`Orrick, Herrington & Sutcliffe LLP
`Attorneys for Beyond Meat, Inc.
`2050 Main Street, Suite 1100
`Irvine, California 92614
`kcornuelle@orrick.com
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