Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1093292
`11/04/2020
`
`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
`
`The Coca-Cola Company
`11/04/2020
`
`ONE COCA-COLA PLAZA
`ATLANTA, GA 30313
`UNITED STATES
`
`KATELYN ANDREWS
`ONE COCA-COLA PLAZA
`ATLANTA, GA 30313
`UNITED STATES
`Primary Email: katandrews@coca-cola.com
`Secondary Email(s): gsilverio@coca-cola.com
`404-676-7857
`
`Docket Number
`
`81350894
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`88832015
`11/04/2020
`
`Publication date
`Opposition Peri-
`od Ends
`
`07/07/2020
`11/04/2020
`
`Alpha Hardcore Energy, LLC
`1560 CATON CENTER DRIVE
`BALTIMORE, MD 21227
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 2019/03/15 First Use In Commerce: 2019/03/15
`All goods and services in the class are opposed, namely: Baseball caps and hats; Sweatshirts;
`Hooded sweatshirts; Short-sleeved or long-sleeved t-shirts
`
`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
`
`415755
`
`08/14/1945
`
`Application Date
`
`03/27/1944
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 032. First use: First Use: 1941/12/10 First Use In Commerce: 1941/12/10
`NON-ALCOHOLIC MALTLESS BEVERAGES AND THE SYRUPS FOR MAK-
`ING SUCH BEVERAGES
`
`U.S. Registration
`No.
`Registration Date
`
`1436191
`
`04/14/1987
`
`Application Date
`
`12/16/1985
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 006. First use: First Use: 1964/00/00 First Use In Commerce: 1964/00/00
`CONTAINERS MADE OF METAL/TIN [, KEYRINGS AND MONEY CLIPS NOT
`MADE OF PRECIOUS METALS ]
`Class 008. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`[ CUTLERY -NAMELY, FORKS, KNIVES, AND SPOONS USED AS TABLE-
`WARE; ] NON-MECHANICAL CAN/BOTTLE OPENER
`Class 009. First use: First Use: 1948/00/00 First Use In Commerce: 1948/00/00
`[ RADIOS, TELEPHONES, CALCULATORS, THERMOMETERS,
`SUNGLASSES, PLASTIC MAGNETS AND MAGNETIC MEMO HOLDERS FOR
`REFRIGERATORS AND KITCHEN CABINETS ]
`Class 011. First use: First Use: 1964/04/30 First Use In Commerce: 1964/04/30
`[ ELECTRIC LAMPS, ] ELECTRIC COOLERS INTHE NATURE OF REFRIGER-
`ATION UNITS [, AND PORTABLE GRILLS FOR COOKING ]
`Class 014. First use: First Use: 1963/06/00 First Use In Commerce: 1963/06/00
`JEWELRY, namely, [ CHARMS, PENDANTS, RINGS, BRACELETS AND
`NECKLACES, STICK PINS, ] LAPEL PINS [, WATCHES, CLOCKS, MONEY
`CLIPS, AND MEDALLIONS, MADE OF PRECIOUS AND NONPRECIOUS
`METALS ]
`Class 016. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`WRITING INSTRUMENTS; NAMELY-PENS, PENCILS AND [ MECHANICAL
`PENCILS; ] WRITING PADS *, * [ AND NOTEBOOKS, FOLDERS AND PORT-
`FOLIOS FOR PAPERS, PEN AND PENCIL HOLDERS, PAPER CLIP HOLD-
`ERS, PAPER WEIGHTS,AND LETTER OPENERS, PLAYING CARDS, BOOK-
`COVERS, POSTCARDS AND POSTERS, PAPER NAPKINS, ] ADHESIVE
`STICKERS [, GREETING CARDS, BOOKMARKS AND ERASABLE MEMO
`BOARDS, CALENDARS ]
`Class 018. First use: First Use: 1969/00/00 First Use In Commerce: 1969/00/00
`[ UMBRELLAS, BUSINESS FOLDERS, namely, BRIEF CASE TYPE PORTFO-
`LIOS, BRIEF CASES MADE OF LEATHER AND VINYL, ATTACHE CASES,
`VARIOUS LUGGAGE AND BAGS, NAMELY, PURSES, HANDBAGS, ALL
`PURPOSE SPORTS BAGS, GYM BAGS AND ALL PURPOSE GEAR CARRY-
`ING BAGS, LUGGAGE AND LUGGAGE TAGS MADE OF LEATHER, VINYL
`AND TEXTILES, WALLETS, AND CREDIT CARD HOLDERS ]
`Class 020. First use: First Use: 1960/00/00 First Use In Commerce: 1960/00/00
`[ HASSOCKS, MIRRORS, WOODEN STORAGE BOXES FOR THE HOME, AIR
`MATTRESSES, AIR PILLOWS, AIR CUSHIONS, GARDEN UMBRELLAS,
`
`

`

`BEAN BAG CHAIRS, CHILDREN'S FURNITURE, ANDINFLATABLE CUSH-
`IONS ]
`Class 021. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`[ DISHWARE MADE OF NONPRECIOUS METAL AND PAPER, NAMELY,
`DISHES, MUGS, BOWLS, GOBLETS, TANKARDS, CUPS, COASTERS, AND
`SERVING TRAYS, GLASSWARE, NAMELY, TANKARDS,MUGS, TUMBLERS,
`GOBLETS, STEMWARE, PLATES, PITCHERS, DECANTERS, PARTY
`BOWLS, STORAGE JARS, AND FLORAL CONTAINERS; PORCELAIN GIFT-
`WARE, NAMELY, FIGURINES, PLATES, CUPS, SAUCERS, BELLS AND
`EGGS; DECANTERS, CERAMIC TRIVETS, THERMAL INSULATED BEVER-
`AGE HOLDERS, ICE BUCKETS, AND ICE CHESTS ]
`Class 024. First use: First Use: 1981/03/00 First Use In Commerce: 1981/03/00
`[ BATH LINEN, NAMELY, BATH TOWELS, FINGERTIP TOWELS AND WASH
`CLOTHS, SHOWER ANDWINDOW CURTAINS; KITCHEN LINEN,
`NAMELY,TABLECLOTHS, TABLE RUNNERS, NAPKINS, AND PLACE MATS
`MADE OF FABRIC; BARBECUE AND OVEN MITTS, CURTAINS, POTHOLD-
`ERS, FABRIC APPLIANCE COVERS, BEACH TOWELS WHICH INCLUDE
`STANDARD AND OVERSIZED TOWELS ]
`Class 025. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`CLOTHING, NAMELY-[HATS,] T-SHIRTS, [ SWEATSHIRTS, SHORTS, PAJA-
`MAS, SWEATERS, SOCKS, SUN VISORS; NECKTIES, JOGGING SUITS,
`ATHLETIC HEAD AND WRIST BANDS, ] CAPS [, VISORS, JACKETS, VESTS
`AND APRONS ]
`Class 026. First use: First Use: 1973/00/00 First Use In Commerce: 1973/00/00
`[ BELT BUCKLE AND BADGES NOT MADE OF PRECIOUS METALS, TIE
`PINS AND TIE CLIPS ]
`Class 027. First use: First Use: 1976/12/00 First Use In Commerce: 1976/12/00
`[ WALL HANGINGS NOT OF TEXTILE; RUGS, AND VINLY OR PLASTIC
`PLACEMATS ]
`Class 028. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`[ SPORTING EQUIPMENT, NAMELY, GOLF TEES, GOLF BALLS, BASKET-
`BALLS, FISHING LURES, TENNIS BALLS AND TENNIS RACKETS,
`BATS,AND BASKETBALL BACKBOARDS, TOYS, namely, --DOLLS,
`PUZZLES, DART BOARDS, PLASTICDISH SETS, WHISTLES, YOM-OS'S, IN-
`FLATABLE AIR MATTRESSES AND BALLS FOR RECREATIONAL USE,
`BANKS, RUBBER BALLS, NON-POWERED TOY VEHICLES AND AC-
`CESSORIES, DIE CAST METAL VEHICLES, TRAINS AND CHRISTMAS TREE
`ORNAMENTS AND DECORATIONS ]
`Class 034. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`[ MATCHES, LIGHTERS, AND ASHTRAYS ]
`
`U.S. Registration
`No.
`Registration Date
`
`2490517
`
`09/18/2001
`
`Application Date
`
`08/03/2000
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 021. First use: First Use: 1994/03/00 First Use In Commerce: 1994/03/00
`salt/pepper shakers, [ sugar shakers, straw dispensers, ] toothpick dispensers [,
`] * and * napkin dispensers[, and ice buckets ]
`
`

`

`U.S. Registration
`No.
`Registration Date
`
`3347889
`
`12/04/2007
`
`Application Date
`
`04/11/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 032. First use: First Use: 1941/12/10 First Use In Commerce: 1941/12/10
`Non-alcoholic beverages, namely, soft drinks; syrups and concentrates for mak-
`ing non-alcoholic beverages, namely, soft drinks
`
`U.S. Registration
`No.
`Registration Date
`
`2844972
`
`05/25/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 006. First use: First Use: 1983/04/01 First Use In Commerce: 1983/04/01
`Metal key rings; [metal license plates;] decorated tins; [metal storage containers,
`metal boot scrapers; wall hooks of metal; non-luminous and] non-mechanical
`signs made of metal; [metal step stools;sculptures made of non-precious met-
`al;]metal coin banks;[ metal cash boxes andmetal piggy banks; common metal
`drawer pulls]
`
`U.S. Registration
`No.
`Registration Date
`
`2847553
`
`06/01/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 009. First use: First Use: 1948/01/01 First Use In Commerce: 1948/01/01
`[ DISPOSABLE CAMERAS; 35MM CAMERAS; CALCULATORS;] COMPUTER
`PERIPHERALS [AND ACCESSORIES, NAMELY, ANTI-GLARE GUARDS FOR
`COMPUTER MONITOR SCREENS; WRIST RESTS FOR USE WITH COM-
`PUTERS; WRIST SUPPORTS FORCOMPUTER MOUSE USERS;] MOUSE
`PADS; [COMPUTER MOUSE COVERS; COMPUTER SCREEN SAVER SOFT-
`WARE; STORAGE CASES FOR COMPACT DISCS AND BLANK VIDEO CAS-
`SETTES; ] RADIOS;CD PLAYERS; DIGITAL VIDEO DEVICES PLAYERS;
`PORTABLE LISTENING DEVICES, NAMELY, MP3 PLAYERS;[ VIDEO CAS-
`SETTE PLAYERS; AUDIO CASSETTE RECORDERS; DIGITAL AUDIO TAPE
`PLAYERS; TURNTABLES;] NEON SIGNS [; TELEPHONES; ] THERMOMET-
`ERS NOT FOR MEDICAL USE; [ BINOCULARS; ] MAGNETS; KITCHEN
`TIMERS [ ; EYEGLASS CASES; SPECIALTY HOLSTERS FOR CARRYING
`CELLULAR PHONES; COVERS FOR CELLULAR PHONES;SUNGLASSES;]
`VENDING MACHINES [; BICYCLE HELMETS; PROTECTIVE HELMETS; RAIN
`GAUGES]
`
`U.S. Registration
`
`2853813
`
`Application Date
`
`06/19/2003
`
`

`

`No.
`Registration Date
`
`06/15/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 028. First use: First Use: 1950/01/01 First Use In Commerce: 1950/01/01
`[ Board games; ] checker sets; [ playing cards; card games; ] puzzles; [ balloons;
`hand held unit for playing electronic games; ] Christmas decorations and ac-
`cessories of all kinds, namely, Christmastree skirts, [ artificial Christmas gar-
`lands; ] Christmas tree ornaments; [ Christmas stockings; ] Christmas tree dec-
`orations; snow globes; sporting equipment and accessories for soccer, namely,
`soccer balls; [ sporting equipment and accessories for golf, namely, golf balls,
`golf tees, golf ball markers, ball cleaners, golf putters, divot repair tools, golf-
`bags; ] [ sporting equipment and accessories for skating, namely, in-line skates,
`skate boards; elbow pads for athleticuse; knee pads for athletic use; shin pads
`for athletic use; badminton game playing equipment; ] [ sporting equipment and
`accessories for fishing, namely, fishing lures; billiard cues, billiard balls, billiard
`game playing equipment and accessories, namely, billiard bridges, ] [billiard
`bumpers, billiard chalk, billiard cue racks, billiard cushions, billiard nets, billiard
`tables, billiard tallyballs, billiard tips, billiard triangles, cue sticks for billiard or
`pool; snowsleds for recreational use; pinball machines;] sport balls; toy vehicles;
`toy electric trains; toy model train sets; [ train set accessories, namely, artificial
`trees, turf, foliage, ballast, buildings, figurines, billboards, lichen and grass; toy
`banks, toy mobiles, multiple activity baby toys; ] dart board cases; [ dart boards;
`dolls and accessories therefor; plush toys; yo-yos; ] flying discs [ ; inflatable toys
`]
`
`U.S. Registration
`No.
`Registration Date
`
`2853812
`
`06/15/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 021. First use: First Use: 1941/01/01 First Use In Commerce: 1941/01/01
`Plates; cups; drinking glasses; tankards not of precious metal; mugs; tum-
`blers;[drinking steins;] pitchers; [decanters, goblets; ice buckets, coasters not of
`paper and not being table linen;] serving pieces, namely, [serving tongs,] serving
`platters; serving trays not of precious metal; salt and pepper shakers;
`[condiment holders, sugar dispensers and basins,] toothpick holders; napkin
`holders; [dispensers for paper towels; holders for facial tissue; fitted picnic bas-
`kets; trivets,] cookie jars; canister sets, [storage containers for household and
`kitchen use not of precious metal;] party bowls; [floral containers;] bottle open-
`ers; straw dispensers; dinnerware, bottles sold empty; dishware, namely, plates,
`bowls, cups and [ saucers; ] [creamer pitchers;] candy dishes; [spoon rests;
`flower pots; corn cob holders; cutting boards; cookie cutters;] [ candle holders
`not of precious metal; ] [bread boxes; bird houses of wood; cooking utensils,
`namely, grill covers;] utensils for barbecues,namely, forks, turners; [stove burner
`covers; recipe boxes; coffee pots not of precious metal; tea pots not of precious-
`metal;] utensils for barbecues, namely,forks, tongs and spatulas; lunch
`boxes;[soap and shampoo dispensers; toothbrush holders; wastepaper bas-
`kets;] thermal insulated containers for beverages; portable coolers; portable ice
`
`

`

`chests for food and beverages; thermal insulated wrapfor cans to keep the con-
`tents cold or hot; foam drink holders; non-metal coin banks; [china, crystal,] [
`glass and porcelain ornaments, not including Christmastree ornaments; ] [sun
`catchers; wind chimes; vases; crystal, glass, porcelain,china and ceramic figur-
`ines and Christmas stocking holders; decorative plates]
`
`U.S. Registration
`No.
`Registration Date
`
`2853811
`
`06/15/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 020. First use: First Use: 1960/01/01 First Use In Commerce: 1960/01/01
`[Step stools;] [ drinking straws; plastic novelty license plates; ] indoor and out-
`door furniture; [ picture frames; ] [wooden signs;] [ wood boxes; pillows; cush-
`ions; ] [inflatable plastic signs;] [ plastic boxes; ] [air mattresses for usewhen
`camping; air cushions not for medical purposes; air pillows not for medical pur-
`poses;] [ non-electric fans for personal use; ] mirrors; figurines [and Christmas
`stocking holders of wood, plastic, cold cast resin;] bar stools; [engraved and cut
`stone plaques; chair pads; dispensers for pills or capsules sold empty; jewelry
`boxes not of precious metal;] tables; [baker's racks; sofas; chairs; ottomans;
`cabinets;] [ plastic key rings;] [non-metal shower hooks;] [ plastic banners; ]
`[non-metal clips for bags; ceramic fan pulls; electrically-activated moving Christ-
`mas figures made of plastic]
`
`U.S. Registration
`No.
`Registration Date
`
`2844978
`
`05/25/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 025. First use: First Use: 1950/01/01 First Use In Commerce: 1950/01/01
`Clothing for men, women and children, namely, [belts,] jackets, coats, tops, [
`vests,] shirts, blouses,[ jerseys,] bottoms, shorts,[ pants, trousers,] boxer shorts,
`[dresses, skirts, neckties, scarves, bandannas, night gowns, night shirts,] paja-
`mas, loungewear, [socks, sweaters,] sweat shirts, sweat pants, [cummerbunds, ]
`aprons, t-shirts, headwear, hats, caps; [sun visors; slippers]
`
`U.S. Registration
`No.
`Registration Date
`
`2844977
`
`05/25/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 018. First use: First Use: 1941/01/01 First Use In Commerce: 1941/01/01
`Purses; handbags; general gear carryingbags; wallets; billfolds; [ fanny bags;]
`gym bags; backpacks; luggage; luggagetags; tote bags; travel bags; duffel bags;
`
`

`

`[ beach bags; business card cases; umbrellas; café umbrellas; trunks]
`
`U.S. Registration
`No.
`Registration Date
`
`2847554
`
`06/01/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 016. First use: First Use: 1941/01/01 First Use In Commerce: 1941/01/01
`[ Paper napkins, [paper placemats, ] paper table cloths;] stationery, namely, writ-
`ing paper, writing pads, note pads, postcards, greeting cards, note cards, note-
`books, note paper; writing instruments; [ bookmarks; bookends; posters;] prints;
`[school supplies, namely,] drawing rulers, [erasers, markers, ] note book paper,
`[rubber stamps;] office requisites, namely, staplers, pen and pencil holders,
`desktop business card holders; paper clip holders, paper clips; bookends; paper
`gift wrap; paper gift bags; paper gifttags;[ stencils; tissue paper;] paper bags;
`[children's activity books; erasable memorandum boards;] folders; calendars;
`[letter openers; stickers; decals;] book covers; [chalk boards for school and
`home use;] lunch bags; [ trading cards;]Christmas cards; [lithographs;] bank
`checks; [checkbook covers; address labels;] printed products, namely, menu
`boards;recipe books;[ recipe cards;] art prints [, paper coasters; magnetic memo
`holders]
`
`U.S. Registration
`No.
`Registration Date
`
`2844976
`
`05/25/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 014. First use: First Use: 1963/06/01 First Use In Commerce: 1963/06/01
`Clocks; [ clocks incorporating radios; ] watches and [parts for watches;] jewelry;
`[precious metal money clips; ]jewelry, namely, lapel pins [ ; cabinet hardware,
`namely, drawer pulls of precious metal]
`
`U.S. Registration
`No.
`Registration Date
`
`2844973
`
`05/25/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 011. First use: First Use: 1964/01/01 First Use In Commerce: 1964/01/01
`[ Electric ceiling light fixtures; shades and globes for light fixtures; lamp shades
`and lamp globes; lamp finials; lamps; electric night lights; flashlights;]electric hol-
`iday lights; electric string lights for decorating; [fans, namely, ceiling fans; elec-
`tric fans; barbecue grills; ] refrigerators [ ; decorative table-top water fountains]
`
`

`

`U.S. Registration
`No.
`Registration Date
`
`2052760
`
`04/15/1997
`
`Application Date
`
`05/17/1996
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 025. First use: First Use: 1988/03/11 First Use In Commerce: 1988/03/11
`footwear
`
`U.S. Registration
`No.
`Registration Date
`
`1738263
`
`12/08/1992
`
`Application Date
`
`10/28/1991
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 015. First use: First Use: 1991/05/29 First Use In Commerce: 1991/05/29
`[ musical dioramas ]
`Class 024. First use: First Use: 1991/07/11 First Use In Commerce: 1991/07/11
`kitchen linens; namely, towels and dishcloths
`Class 025. First use: First Use: 1991/07/08 First Use In Commerce: 1991/07/08
`aprons
`
`U.S. Registration
`No.
`Registration Date
`
`5424552
`
`03/13/2018
`
`Application Date
`
`12/20/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`ARCTIC COKE
`
`NONE
`
`Class 011. First use: First Use: 2017/08/01 First Use In Commerce: 2017/08/01
`Beverage cooling apparatus
`Class 032. First use: First Use: 2017/08/01 First Use In Commerce: 2017/08/01
`Soft drinks
`
`5191710
`
`04/25/2017
`
`COKE LIFE
`
`NONE
`
`Application Date
`
`02/05/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Class 032. First use: First Use: 2016/05/02 First Use In Commerce: 2016/05/02
`Soft drinks
`
`

`

`U.S. Registration
`No.
`Registration Date
`
`1824556
`
`03/01/1994
`
`Application Date
`
`06/08/1993
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE CLASSIC
`
`NONE
`
`Class 032. First use: First Use: 1985/07/19 First Use In Commerce: 1985/07/19
`soft drinks and syrups and concentratesfor making the same
`
`3820750
`
`07/20/2010
`
`DIET COKE
`
`NONE
`
`Application Date
`
`09/17/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Class 032. First use: First Use: 1982/07/00 First Use In Commerce: 1982/08/09
`Non-alcoholic beverages, namely, soft drinks; and syrups and concentrates for
`making non-alcoholic beverages namely soft drinks
`
`Attachments
`
`NOO- KOKSHOT 25.pdf(624334 bytes )
`
`Signature
`Name
`Date
`
`/Katelyn Andrews/
`KATELYN ANDREWS
`11/04/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`THE COCA-COLA COMPANY,
`
`Opposer,
`
`v.
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`OPPOSITION NUMBER
`
`
`
`
`
`
`
`
`
`
`
`Application Serial No. 88/832,015
`
` Alpha Hardcore Energy, LLC DBA Alpha
`
`Hardcore Energy,
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`The Coca-Cola Company (“Opposer” or “TCCC”), a corporation organized and existing
`
`under the laws of the state of Delaware, having its office and principal place of business at One
`
`Coca-Cola Plaza NW, Atlanta, Georgia 30313, believes that it will be damaged by the registration
`
`of the mark KOKSHOT, Application Serial No. 88/832,015 (the “Application”), filed on March 12,
`
`2020, by Alpha Hardcore Energy, LLC DBA Alpha Hardcore Energy (“Applicant”) in International
`
`Class 25 (the “Opposed Mark”). Opposer requests that the application for registration of the
`
`Opposed Mark be refused.
`
`As grounds for its opposition, TCCC alleges as follows:
`
`1. TCCC is the world’s largest beverage company, serving more than 1.6 billion consumers
`
`each day in more than 200 countries around the world.
`
`2. Since as early as 1941, Opposer TCCC and its related companies have continuously used
`
`the COKE mark, and variations thereof, in connection with beverages as well as a wide variety of
`
`other goods and services.
`
`
`
`Classified - Confidential
`
`

`

`
`
`3. Opposer is the owner of numerous U.S. trademark registrations for the mark COKE,
`
`including:
`
`
`
`Mark Name
`
`COKE
`
`COKE
`
`Registration
`Date
`1945-08-14
`
`Registration
`Number
`415755
`
`1987-04-14
`
`1436191
`
`COKE
`
`COKE
`
`2001-09-18
`
`2490517
`
`2007-12-04
`
`3347889
`
`COKE
`
`2004-05-25
`
`2844972
`
`COKE
`
`2004-06-01
`
`2847553
`
`COKE
`
`2004-06-15
`
`2853813
`
`COKE
`
`2004-06-15
`
`2853812
`
`Class – Goods and Services
`
`32 – Non-alcoholic maltless beverages and the
`syrups for making such beverages
`6 – Containers made of metal/tin
`8 – Non-mechanical can/bottle opener
`11 – Electric coolers in the nature of
`refrigeration units
`14 – Jewelry, namely, lapel pins
`16 – Writing instruments, namely, pens, pencils
`and writing pads, adhesive stickers
`25 – Clothing, namely, t-shirts, caps
`21 - Salt/pepper shakers, toothpick dispensers,
`and napkin dispensers
`32 - Non-alcoholic beverages, namely, soft
`drinks; syrups and concentrates for making non-
`alcoholic beverages, namely, soft drinks
`6 - Metal key rings; decorated tins; non-
`mechanical signs made of metal; metal coin
`banks
`9 – Computer peripherals; mouse pads; radios;
`CD players; digital video devices players;
`portable listening devices, namely, MP3 players;
`neon signs; thermometers not for medical use;
`magnets; kitchen timers; vending machines
`28 – Checker sets; puzzles; Christmas
`decorations and accessories of all kinds, namely,
`Christmas tree skirts, Christmas tree ornaments;
`Christmas tree decorations; snow globes;
`sporting equipment and accessories for soccer,
`namely, soccer balls; sport balls; toy vehicles;
`toy electric trains; toy model train sets; dart
`board cases; flying discs
`21 - Plates; cups; drinking glasses; tankards not
`of precious metal; mugs; tumblers; pitchers;
`serving pieces, namely, serving platters; serving
`trays not of precious metal; salt and pepper
`shakers; toothpick holders; napkin holders;
`
`
`
`Classified - Confidential
`
`

`

`
`
`
`
`cookie jars; canister sets; party bowls; bottle
`openers; straw dispensers; dinnerware, bottles
`sold empty; dishware, namely, plates, bowls,
`cups and candy dishes; utensils for barbecues,
`namely, forks, turners; utensils for barbecues,
`namely, forks, tongs and spatulas; lunch boxes;
`thermal insulated containers for beverages;
`portable coolers; portable ice chests for food
`and beverages; thermal insulated wrap for cans
`to keep the contents cold or hot; foam drink
`holders; non-metal coin banks;
`20 - Indoor and outdoor furniture; mirrors;
`figurines; bar stools; tables;
`25 - Clothing for men, women and children,
`namely, jackets, coats, tops, shirts, blouses,
`bottoms, shorts, boxer shorts, pajamas,
`loungewear, sweat shirts, sweat pants, aprons,
`t-shirts, headwear, hats, caps;
`18 - Purses; handbags; general gear carrying
`bags; wallets; billfolds; gym bags; backpacks;
`luggage; luggage tags; tote bags; travel bags;
`duffel bags;
`16 - stationery, namely, writing paper, writing
`pads, note pads, postcards, greeting cards, note
`cards, notebooks, note paper; writing
`instruments; prints; drawing rulers, note book
`paper; office requisites, namely, staplers, pen
`and pencil holders, desktop business card
`holders; paper clip holders, paper clips;
`bookends; paper gift wrap; paper gift bags;
`paper gift tags; paper bags; folders; calendars;
`book covers; lunch bags; Christmas cards; bank
`checks; printed products, namely, menu boards;
`recipe books; art prints
`14 – Clocks; watches and jewelry; jewelry,
`namely, lapel pins
`11 - Electric holiday lights; electric string lights
`for decorating; refrigerators
`25 - Footwear
`24 – Kitchen linens; namely, towels and
`dishcloths
`25 - Aprons
`11 - Beverage cooling apparatus
`
`COKE
`
`COKE
`
`2004-06-15
`
`2853811
`
`2004-05-25
`
`2844978
`
`COKE
`
`2004-05-25
`
`2844977
`
`COKE
`
`2004-06-01
`
`2847554
`
`COKE
`
`COKE
`
`COKE
`COKE
`
`2004-05-25
`
`2844976
`
`2004-05-25
`
`2844973
`
`1997-04-15
`1992-12-08
`
`2052760
`1738263
`
`ARTIC COKE
`
`2018-03-13
`
`5424552
`
`Classified - Confidential
`
`

`

`
`
`
`
`COKE LIFE
`COKE
`CLASSIC
`DIET COKE
`
`2017-04-25
`1994-03-01
`
`5191710
`1824556
`
`2010-07-20
`
`3820750
`
`32 – Soft drinks
`32 – Soft drinks
`32 - Soft drinks and syrups and concentrates for
`making the same
`32 - Non-alcoholic beverages, namely, soft
`drinks; and syrups and concentrates for making
`non-alcoholic beverages namely soft drinks
`
`
`
`4. Opposer’s registrations for its COKE Marks are valid and subsisting in law, were duly
`
`and legally issued, are prima facie evidence of the validity of the COKE Marks registered and
`
`constitute constructive notice of ownership of these marks by Opposer in accordance with
`
`Sections 7(b) and 22 of the Trademark Act of 1946, 15 U.S.C. § § 1057(b) and 1072.
`
`5. In addition to the aforementioned federal trademark registrations, TCCC also owns
`
`certain common law rights in the name COKE in relation to its manufacture, sale and distribution
`
`of beverage products and other varied goods and services.
`
`6. TCCC’s aforenoted common law rights as well as the above-noted trademark
`
`registrations are collectively referred to herein as the “COKE Marks”.
`
`7. Opposer has invested a substantial amount of time, effort and money in advertising
`
`and promoting various products and services offered with its COKE Marks and has continuously
`
`and extensively used the COKE Marks in the United States in connection with a variety of
`
`beverages, apparel, and retail goods and services. Consequently, Opposer’s goods and services
`
`bearing the COKE Marks have become famous and widely associated with Opposer in the United
`
`States and globally.
`
`
`
`Classified - Confidential
`
`

`

`
`
`8. Through many years of advertising, promotion, and use, the COKE Marks have become
`
`famous within the meaning of Section 43(c) of the Lanham Act and are an asset of substantial
`
`value to Opposer.
`
`9. On or about March 12, 2020, Applicant filed the Application seeking registration of
`
`KOKSHOT in Class 25 for “Baseball caps and hats; Sweatshirts; Hooded sweatshirts; Short-sleeved
`
`or long-sleeved t-shirts.”
`
`10. The Application was filed in the name of Alpha Hardcore Energy, LLC DBA Alpha
`
`Hardcore Energy and was assigned serial number 88/832,015.
`
`11. The Application was filed long after Opposer’s establishment of its rights in and
`
`registration of the COKE Marks and long after the COKE Marks became famous.
`
`12. The Application was published for opposition on July 7, 2020. TCCC sought and
`
`received appropriate extensions of time to oppose the registration of the KOKSHOT mark. This
`
`Notice of Opposition is timely filed.
`
`13. Between the parties, TCCC is the senior user and has priority of use.
`
`14. The Opposed Mark so resembles Opposer’s famous COKE Marks as to be likely, when
`
`used in conjunction with the applied-for goods and services, to cause confusion or mistake, or to
`
`deceive customers, and the Opposed Mark is confusingly and deceptively similar to Opposer’s
`
`COKE Marks when used in connection with the applied-for good and services.
`
`15. Opposer would be damaged by registration of the Opposed Mark because the mark
`
`is likely to cause confusion within the meaning of Section 2(d) of the Trademark Act, 15 U.S.C. §
`
`1052(d).
`
`
`
`Classified - Confidential
`
`

`

`
`
`16. Registration of the Opposed Mark will further damage Opposer because it will dilute
`
`the distinctive quality and reputation associated with Opposer’s famous COKE Marks, as
`
`governed by Section 43(c) of the Trademark Act, 15 U.S.C. § 1125(c).
`
`17. Registration of the Opposed Mark will support and assist Applicant in the confusing
`
`and misleading use of the Opposed Mark and will cause Opposer to lose control over the good
`
`and valuable reputation derived from its famous COKE Marks, causing irreparable harm and
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`injury to Opposer.
`
`18. By reason of the foregoing, Opposer will be damaged by the registration of the
`
`Opposed Mark.
`
`WHEREFORE, Opposer The Coca-Cola Company respectfully prays that the Application be
`
`refused, that no registration be issued thereon to Applicant, and that this opposition be sustained
`
`in favor of Opposer, and for any different and additional relief as this board deems just and
`
`proper.
`
`
`
`Respectfully submitted this 4th Day of November 2020.
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Katelyn Andrews
`Katelyn Andrews
`Trademark Counsel
`The Coca-Cola Company
`One Coca-Cola Plaza
`Atlanta, GA 30313
`(404) 676-7857
`katandrews@coca-cola.com
`
`Classified - Confidential
`
`