Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1109202
`01/21/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Krave Pure Foods, Inc.
`
`Corporation
`
`Citizenship
`
`Delaware
`
`117 WEST NAPA ST.
`SUITE C
`SONOMA, CA 95476
`UNITED STATES
`
`SANJAY S. KARNIK
`AMIN TALATI WASSERMAN, LLP
`100 S. WACKER DR.
`SUITE 2000
`CHICAGO, IL 60606
`UNITED STATES
`Primary Email: Sanjay@amintalati.com
`Secondary Email(s): gspatz@amintalati.com, amanda@amintalati.com, trade-
`mark@amintalati.com
`3123273327
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`90165312
`
`Publication date
`
`12/22/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`01/21/2021
`
`Opposition Peri-
`od Ends
`
`01/21/2021
`
`Cargill Meat Solutions Corporation
`825 EAST DOUGLAS AVENUE
`WICHITA, KS 67202
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 029. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: meat substitutes; plant-based meat substi-
`tutes; vegetable-based meat substitutes
`
`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.
`
`3873310
`
`Application Date
`
`03/31/2010
`
`

`

`Registration Date
`
`11/09/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`KRAVE
`
`NONE
`
`Class 029. First use: First Use: 2009/11/00 First Use In Commerce: 2009/11/00
`Beef jerky; Jerky
`
`U.S. Registration
`No.
`
`5013100
`
`Registration Date
`
`08/02/2016
`
`Application Date
`
`03/02/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`KRAVE
`
`NONE
`
`Class 029. First use: First Use: 2009/11/00 First Use In Commerce: 2009/11/00
`Marinated meat and poultry; Meat-based snack foods; Packaged meats; Pre-
`pared meat; Preserved meats; Seasoned meat and poultry
`
`Attachments
`
`KRAVE Notice of Opp. v Cargill Meats.pdf(41402 bytes )
`Notice of Opp Ex A KRAVE Registrations.pdf(424642 bytes )
`Notice of Opp Ex B 5013100 KRAVE Registration.pdf(59703 bytes )
`
`Signature
`
`/Sanjay S. Karnik/
`
`Name
`
`Date
`
`Sanjay S. Karnik
`
`01/21/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Krave Pure Foods, Inc.,
`
`Opposer,
`
`
`v.
`
`Cargill Meat Solutions Corporation,
`
`
`Applicant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Opposition Proceeding No. __________
`
`
`Application Serial No.: 90/165,312
`Mark: CRAVE HOUSE
`Date of Publication: Dec. 22, 2020
`
`NOTICE OF OPPOSITION
`
`Opposer, Krave Pure Foods, Inc. (“Opposer”) will be damaged by the registration of the
`
`mark CRAVE HOUSE by Cargill Meat Solutions Corporation (“Cargill” or “Applicant”).
`
`Accordingly, Krave Pure Foods, Inc., by its attorneys Amin Talati Wasserman LLP, hereby
`
`opposes Applicant’s intent-to-use U.S. Application Serial No. 90/165,312 for CRAVE HOUSE
`
`in International Class 029, which published for Opposition on December 22, 2020. Krave Pure
`
`Foods, Inc. hereby opposes the same under t he provisions set forth in 15 U.S.C. § 1052(d).
`
`As grounds for opposition, Opposer asserts as follows:
`
`I.
`
`
`
`BACKGROUND
`
`A.
`
`Opposer
`
`1.
`
`Opposer Krave Pure Foods, Inc. is a Delaware Corporation whose place of
`
`business is located at 117 West Napa Street, Suite C, Sonoma, California 95476. Opposer is a
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`food company founded in 2009 that makes and sells high quality and all-natural meat snacks.
`
`2.
`
`Opposer has used KRAVE as its name and primary trademark on a variety of
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`goods sold in the United States since at least as early as November 2009.
`
`3.
`
`To protect the extensive and highly valuable goodwill accrued in its KRAVE
`
`
`
`1
`
`

`

`name, brand, and trademark, Opposer has obtained the following United States trademark
`
`registrations (“KRAVE Marks” and “KRAVE Registrations”):
`
`Trademark
`KRAVE
`
`U.S. Reg. No.
`5,013,100
`
`Filing Date
`March 2, 2012
`
`KRAVE
`
`3,873,310
`
`March 31, 2010
`
`
`
`Goods and Classes
`Marinated meat and
`poultry; Meat-based
`snack foods;
`Packaged meats;
`Prepared meat;
`Preserved meats;
`Seasoned meat and
`poultry; in Int. Cl.
`029
`Beef jerky; Jerky; in
`Int. Cl. 029
`
`4.
`
`A combined Declaration of Use and Incontestability under Sections 8 and 15 of
`
`the Lanham Act has been filed and accepted for the U.S. Reg. No. 3,873,310 KRAVE
`
`Registration. Accordingly, the U.S. Reg. No. 3,873,310 KRAVE Registration is incontestable
`
`under Section 15 of the Lanham Act. Additionally, on October 26, 2020, Opposer filed a
`
`combined Declaration of Use and Application for Renewal under Sections 8 and 9 of the
`
`Lanham Act for the U.S. Reg. No. 3,873,310 KRAVE Registration.
`
`5.
`
`Attached hereto as Exhibit A is true and correct copy of the certificate of
`
`registration and acceptance and acknowledgement of the combined Declaration of Use and
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`Incontestability under Sections 8 and 15 of the Lanham Act for the U.S. Reg. No. 3,873,310
`
`KRAVE Registration. Attached hereto as Exhibit B is a true and correct copy of the certificate
`
`of registration for the U.S. Reg. No. 5,013,100 KRAVE Registration. These registrations are
`
`valid, subsisting, and in full force and effect.
`
`6.
`
`In addition, for many years, Opposer has expended tremendous resources
`
`advertising and promoting its KRAVE Marks throughout the United States in connection with
`
`
`
`2
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`

`

`the goods identified in the KRAVE Registrations.
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`7.
`
`As a result of Opposer’s longstanding and continuous use of its KRAVE Marks,
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`the relevant consuming public recognizes the KRAVE Marks as identifying Opposer as the
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`source of the goods offered under the KRAVE Marks and serving to distinguish Opposer’s goods
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`from those of others. Accordingly, Opposer has established valuable common law rights in its
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`KRAVE Marks.
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`8.
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`Opposer has expended substantial effort and resources to advertise and promote
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`the KRAVE Marks and the services provided under the mark. As a result of its continuous,
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`widespread and prominent interstate use of the KRAVE Mark, and their maintenance of high
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`quality standards for the services provided under the mark, Opposer has developed extensive
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`goodwill in the KRAVE Marks.
`
`B.
`
` Applicant
`
`9.
`
`On information and belief and according to USPTO records, Applicant, Cargill
`
`Meat Solutions Corporation., is a Delaware Corporation with a principal place of business
`
`address of 825 East Douglas Avenue, Wichita, Kansas 67202.
`
`10.
`
`According to USPTO records, Applicant is the listed owner of U.S. Application
`
`Serial No. 90/165,312 for CRAVE HOUSE, filed September 8, 2020 under Trademark Act
`
`Section 1(b) in connection with the following goods in International Class 029: “meat
`
`substitutes; plant-based meat substitutes; vegetable-based meat substitutes” (hereinafter
`
`“CRAVE HOUSE Mark”). The CRAVE HOUSE Mark published for Opposition on December
`
`22, 2020.
`
`11.
`
`No issue as to priority of use exists here. Opposer’s KRAVE Marks registered
`
`well before Applicant even filed for its CRAVE HOUSE Mark.
`
`
`
`3
`
`

`

`LIKELIHOOD OF CONFUSION UNDER THE LANHAM ACT § 2(d) (15 U.S.C. §
`1052(d))
`
`II.
`
`
`
`12.
`
`Based on the published application, Applicant intends to use the CRAVE HOUSE
`
`Mark for “meat substitutes; plant-based meat substitutes; [and] vegetable-based meat
`
`substitutes.”
`
`13.
`
`Applicant is a direct competitor of Opposer in the marketplace for meat-based
`
`foods and snacks, including jerky, as well as plant-based meat substitute food products.
`
`Applicant is clearly intending to use the CRAVE HOUSE Mark on products similar, if not
`
`identical, to the high quality and well known meat snacks, jerky products, and plant-based snacks
`
`bearing the KRAVE Marks.
`
`14.
`
`Upon information and belief, Applicant’s goods on which Applicant intends to
`
`use the CRAVE HOUSE Mark are highly related or similar to Opposer’s goods bearing the
`
`KRAVE Marks.
`
`15.
`
`Upon information and belief, the consumers of Applicant’s goods bearing the
`
`CRAVE HOUSE Mark would be similar or the same to the consumers of Opposer’s goods
`
`bearing the KRAVE Marks.
`
`16.
`
`Upon information and belief, Applicant’s goods bearing the CRAVE HOUSE
`
`Mark and Opposer’s goods bearing the KRAVE Marks would be marketed and sold through
`
`similar marketing and trade channels. Consumers would encounter the services in the same trade
`
`channels, and would experience confusion as to the source.
`
`17.
`
`Because the goods are so highly related, the marks themselves can be less
`
`similar and there can still be confusion. However, here the marks are also highly similar.
`
`18.
`
`The marks themselves are highly similar in commercial impression and in
`
`connotation/meaning. The marks KRAVE and CRAVE HOUSE have the same meaning: “to ask
`
`
`
`4
`
`

`

`for earnestly,” “to want greatly,” or “to yearn for.”1 The term “HOUSE” contained in
`
`Applicant’s CRAVE HOUSE Mark does not change the highly similar meaning and appearance
`
`of the CRAVE HOUSE Mark compared to Opposer’s KRAVE Marks, nor does it change at all
`
`the goods to be provided under the CRAVE HOUSE Mark, which as noted above, are highly
`
`similar to Opposer’s goods sold under the KRAVE Marks.
`
`19.
`
`The marks are also highly similar in appearance and in phonetic pronunciation.
`
`Applicant’s CRAVE HOUSE Mark is highly similar in appearance to Opposer’s KRAVE Marks
`
`in that the first words have the same number of letters and only differ in the letters “C” and “K.”
`
`Applicant’s CRAVE HOUSE Mark is highly similar in sound in that “CRAVE” and “KRAVE”
`
`are phonetically identical. The fact that the Applicant’s CRAVE HOUSE Mark contains the
`
`descriptive term “HOUSE” makes no difference to the highly similar appearance and phonetic
`
`pronunciation of the dominant portion of the CRAVE HOUSE Mark and Opposer’s KRAVE
`
`Marks. Accordingly, CRAVE HOUSE is highly similar to KRAVE in sound and appearance..
`
`20.
`
`Upon information and belief, Applicant’s goods on which Applicant intends to
`
`use CRAVE HOUSE are highly related, if not identical, to Opposer’s goods for its KRAVE
`
`Marks.
`
`21.
`
`Opposer is the prior user of the KRAVE Marks and is therefore the owner of all
`
`right, title, and interest to the marks.
`
`22.
`
`Applicant is likely to cause confusion or mistake, or deceive as to the affiliation,
`
`connection or association of Applicant with Opposer and as to the source or sponsorship of
`
`Applicant’s goods.
`
`23.
`
`If Applicant is permitted to register the application sought to be opposed, and
`
`
`1 https://www.merriam-webster.com/dictionary/crave (last accessed January 20, 2021).
`
`
`
`5
`
`

`

`thereby, have the prima facie exclusive right to use in commerce the mark CRAVE HOUSE on
`
`the highly similar goods provided by Opposer, confusion among consumers is not only likely,
`
`but certain to result from any concurrent use of Opposer’s mark and Applicant’s mark, all to the
`
`significant detriment of Opposer, who has expended considerable sums and effort in promotion
`
`of its KRAVE Marks.
`
`24.
`
`Consumers are likely to consider the services of the Applicant provided under the
`
`mark CRAVE HOUSE as emanating from Opposer, and purchase such services as those of the
`
`Opposer, resulting in loss of sales to Opposer.
`
`25.
`
`Use of the CRAVE HOUSE Mark by Applicant will result in irreparable damages
`
`to Opposer’s reputation and goodwill.
`
`26.
`
`Given (1) Opposer’s use of and priority of rights in the KRAVE Marks; (2) the
`
`high degree of similarity between KRAVE and CRAVE HOUSE; (3) the identical and highly
`
`related nature of the parties’ goods; and (4) the exposure of the KRAVE Marks to the same
`
`consumers in the same markets and channels of trade as those implicated by Applicant’s Mark,
`
`CRAVE HOUSE so resembles the KRAVE Marks as to be likely to cause confusion or mistake,
`
`or to deceive, within the meaning of 15 U.S.C. § 1052(d).
`
`27.
`
`Accordingly, Applicant’s CRAVE HOUSE Application should be refused under
`
`15 U.S.C. § 1052(d) on the ground of priority and likelihood of confusion.
`
`
`
`
`
`
`
`
`
`
`
`
`
`6
`
`

`

`WHEREFORE, Opposer respectfully requests that this petition be sustained and
`
`Application No. 90/165,312 be rejected, and that registration of the mark for the services therein
`
`specified be denied and refused.
`
`
`
`January 21, 2021
`
`
`
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`
`
`Respectfully submitted,
`
`/s/ Sanjay S. Karnik
`GEORGE SPATZ
`AMANDA ROACH
`SANJAY S. KARNIK
`AMIN TALATI WASSERMAN, LLP
`100 S. WACKER DRIVE, SUITE 2000
`CHICAGO, IL 60606
`Telephone: 312-327-3327
`amanda@amintalati.com
`gspatz@amintalati.com
`sanjay@amintalati.com
`
`Attorneys for Opposer,
`Krave Pure Foods, Inc.
`
`
`
`
`
`7
`
`

`

`
`
`
`EXHIBIT “A”
`EXHIBIT “A”
`
`

`

`$1“an étatw of gun”,
`mutter: étatea' iBatent anti flirahemark @ffine
`It}?
`
`KRAVE
`
`
`VKS VENT IRES, LLC (CALIFORNIA LIMITED LIABILITY COMPANY)
`Reg. No, 3,873,310
`
`21260 HYDE ROAD
`.
`Reglstered Nov. 9, 2010 SONOMA, CA 95476
`
`
`
`
`FOR: BE«F J«RKY-, JERKY, IN CLASS 29 (US. CL. 46).
`
`lnt. CL: 29
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`FIRST USE 11—0—2009; IN COMMERCE 11—0—2009.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM To ANY PAR-
`
`TICII;AR FONT, STYLE, SIZE, 0R COLOR.
`
` SER. NO. 85003597, FILED 3-31-2010.
`
`HOWARD B. LEVINE, EXAMlNlN G ATTORNEY
`
`
`
`Director ofme United Swles l’ulem and Trademark Office
`
`

`

`From:
`Sent:
`To:
`Subject:
`
`TMOfficialNotices@USPTO.GOV
`Monday, January 25, 2016 11:00 PM
`trademarks@hersheys.com
`Official USPTO Notice of Acceptance/Acknowledgement Sections 8 and 15: U.S. Trademark RN 3873310: KRAVE: Docket/Reference No. 19600
`
`Serial Number:   85003597
`Registration Number:   3873310
`Registration Date:   Nov 9, 2010
`Mark:   KRAVE
`Owner:   KRAVE PURE FOODS, INC.
` 
` 
`
`  Jan 25, 2016
`
`NOTICE OF ACCEPTANCE UNDER SECTION 8
`
`The declaration of use or excusable nonuse filed for the above-identified registration meets the requirements of Section 8 of the Trademark Act, 15 U.S.C. §1058.  The Section
`8 declaration is accepted.
` 
`
`NOTICE OF ACKNOWLEDGEMENT UNDER SECTION 15
`
`The declaration of incontestability filed for the above-identified registration meets the requirements of Section 15 of the Trademark Act, 15 U.S.C. §1065.  The Section 15
`declaration is acknowledged.
` 
`The registration will remain in force for the class(es) listed below for the remainder of the ten-year period, calculated from the registration date, unless canceled by
`an order of the Commissioner for Trademarks or a Federal Court.
` 
`Class(es):
`029
` 
` 
`
`TRADEMARK SPECIALIST
`POST-REGISTRATION DIVISION
`571-272-9500
` 
`
`REQUIREMENTS FOR MAINTAINING REGISTRATION
`
` 
`WARNING: Your registration will be canceled if you do not file the documents below during the specified time periods.
` 
`Requirements in the First Ten Years
` 
`What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between the 9th and 10th years after the registration date.
` See 15 U.S.C. §§1058, 1059.
` 
`Requirements in Successive Ten-Year Periods
` 
`What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between every 9th and 10th-year period, calculated from the
`registration date.  See 15 U.S.C. §§1058, 1059.
` 
`Grace Period Filings
` 
`The above documents will be considered as timely if filed within six months after the deadlines listed above with the payment of an additional fee.
` 
`***The USPTO WILL NOT SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS.  THE REGISTRANT SHOULD CONTACT THE USPTO ONE
`YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.***
` 
`To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=85003597.  NOTE: This notice will only be available on-line the
`next business day after receipt of this e-mail.
`
`

`

`
`
`
`EXHIBIT “B”
`EXHIBIT “B”
`
`

`

`Reg. No. 5,013,100
`
`Registered Aug. 02, 2016
`
`KRAVE PURE FOODS, INC. (DELAWARE CORPORATION)
`117 WEST NAPA STREET, SUITE C
`SONOMA, CA 95476
`
`Int. Cl.: 29
`
`Trademark
`
`Principal Register
`
`CLASS 29: Marinated meat and poultry; Meat-based snack foods; Packaged meats; Prepared
`meat; Preserved meats; Seasoned meat and poultry
`
`FIRST USE 11-00-2009; IN COMMERCE 11-00-2009
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`OWNER OF U.S. REG. NO. 3873310
`
`SER. NO. 85-559,065, FILED 03-02-2012
`
`DOMINIC FATHY, EXAMINING ATTORNEY
`
`

`

`REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
`
`WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
`DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
`
`Requirements in the First Ten  Years*
`What and When to File:
`
`First Filing Deadline:  You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
`
`years after the registration date.
`
` See 15 U.S.C. §§1058, 1141k.
`
` If the declaration is accepted, the
`
`registration will continue in force for the remainder of the ten-year period, calculated from the registration
`
`date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
`
`Second Filing Deadline:  You must file a Declaration of Use (or Excusable Nonuse) and an Application
`
`for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
`
`Requirements in Successive Ten-Year Periods*
`What and When to File:
`
` and  an  Application for Renewal
`You must file a Declaration of Use (or Excusable Nonuse)
`between every 9th and 10th-year period, calculated from the registration date.*
`
`Grace Period Filings*
`
`The above documents will be accepted as timely if filed within six months after the deadlines listed above with
`the payment of an additional fee.
`
`*ATTENTION MADRID PROTOCOL REGISTRANTS:  The holder of an international registration with an
`extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
`(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
`The time periods for filing are based on the U.S. registration date (not the international registration date).  The
`deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
`nationally issued registrations.  See 15 U.S.C. §§1058, 1141k.  However, owners of international registrations
`do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
`international registration at the International Bureau of the  World Intellectual Property Organization, under
`Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
`date of the international registration.  See 15 U.S.C. §1141j.  For more information and renewal forms for the
`international registration, see http://www.wipo.int/madrid/en/.
`
`NOTE:  Fees and requirements for maintaining registrations are subject to change.  Please check the
`USPTO website for further information.
` With the exception of renewal applications for registered
`extensions of protection, you can file the registration maintenance documents referenced above online at h
`ttp://www.uspto.gov.
`
`NOTE:  A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
`owners/holders who authorize e-mail communication and maintain a current e-mail address with the
`USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
`Electronic  Application System (TEAS) Correspondence  Address and Change of Owner  Address Forms
`available at http://www.uspto.gov.
`
`Page: 2 of 2 / RN # 5013100
`
`