throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1115682
`02/19/2021
`
`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
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Correspondence
`information
`
`Twitter, Inc.
`
`02/21/2021
`
`1355 MARKET STREET, SUITE 900
`SAN FRANCISCO, CA 94103
`UNITED STATES
`
`ADAM S. WEISS
`POLSINELLI PC
`150 N. RIVERSIDE PLAZA, SUITE 3000
`CHICAGO, IL 60606
`UNITED STATES
`Primary Email: uspt@polsinelli.com
`Secondary Email(s): docketing@polsinelli.com, aweiss@polsinelli.com, dmullar-
`key@polsinelli.com, jwillard@polsinelli.com
`312-873-3644
`
`Applicant Information
`
`Application No.
`
`88884253
`
`Publication date
`
`08/25/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`02/19/2021
`
`Opposition Peri-
`od Ends
`
`02/21/2021
`
`B. FERNANDEZ& HNOS.
`CARR. 5 #305, URB. INDUSTRIAL LUCHETTI
`BAYAMON, 00961
`PUERTO RICO
`
`Goods/Services Affected by Opposition
`
`Class 031. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Bird food
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Dilution by tarnishment
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`4338963
`
`Application Date
`
`04/16/2009
`
`

`

`Registration Date
`
`05/21/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`TWEET
`
`NONE
`
`Class 038. First use: First Use: 2008/05/00 First Use In Commerce: 2008/05/00
`Telecommunications services, namely, providing online and telecommunication
`facilities for real-time interaction between and among users of computers, mo-
`bile and handheld computers, and wired and wireless communication devices;
`enabling individuals to send and receive messages via email, instant messaging
`or a websiteon the internet in the field of generalinterest; providing on-line chat
`rooms and electronic bulletin boards for transmission of messages among users
`in the field of general interest; providing an online community forum for users to
`shareinformation, photos, audio and video content about themselves, their likes
`and dislikes and daily activities, to get feedback from their peers, to form virtual-
`communities, and to engage in social networking
`Class 041. First use: First Use: 2008/05/00 First Use In Commerce: 2008/05/00
`Providing on-line journals, namely, blogs featuring user-defined content
`Class 045. First use: First Use: 2008/05/00 First Use In Commerce: 2008/05/00
`Online social networking services; providing a website on the internet for the
`purpose of social networking; providing on-line computer databases and on-line
`searchable databases in the field of social networking
`
`U.S. Application
`No.
`
`85116717
`
`Application Date
`
`08/26/2010
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`TWEET
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Software and software applications to enable transmission, access, organiza-
`tion, and management of text messaging, instant messaging, online blog journ-
`als, text, weblinks, and images via the internetand other communications net-
`works; computer software used to enhance the capabilities and features of other
`software and nondownloadable online software; software for accessing informa-
`tion on a global computer network; downloadable software via the internet and
`wireless devices for accessing, sending, and receiving information on a global
`computer network; downloadable software for computers, portable handheld di-
`gital electronic communication devices, mobile devices, and wired and wireless
`communication devices inthe field of social networking; downloadable software
`in the nature of a mobileapplication for use with computers, portable handheld
`digital electronic communication devices, mobile devices, and wired and wire-
`less communication devices; downloadable software in the nature of a mobile
`application for social networking; downloadable software in the nature ofa mo-
`bile application for real-time delivery of data, messages, location, photographs,
`links, text and other data related thereto; downloadable software to facilitate on-
`line advertising, business promotion, connecting social network users with busi-
`nesses and for tracking users and advertising of others to provide strategy, in-
`sight, marketing, and predicting consumer behavior
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`advertising and marketing; advertising services; online advertising and market-
`
`

`

`ing services; business data analysis; promotional services; business networking;
`online service for connecting social network users with businesses; business
`monitoring and consulting services, namely,tracking users and advertising of
`others to provide strategy, insight, marketing guidance, and for analyzing, under-
`standing and predicting consumer behavior and motivations, and market trends
`
`Attachments
`
`TWEET Opposition.pdf(258199 bytes )
`
`Signature
`
`/daniel mullarkey/
`
`Name
`
`Date
`
`Daniel P. Mullarkey
`
`02/19/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application No. 88/884,253
`
`Mark: TWEET
`
`Twitter, Inc.
`
`
`
`Opposer,
`
`v.
`
`B. Fernandez& Hnos.
`
`Applicant.
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Opposition No. _____________
`
`NOTICE OF OPPOSITION
`
`Twitter, Inc., a Delaware corporation, having a place of business at 1355 Market Street,
`
`Suite 900, San Francisco, CA 94103 (hereinafter “Twitter” or “Opposer”) believes it will be
`
`damaged by the registration of the mark TWEET (“Applicant’s TWEET Mark”), as claimed in
`
`Application Serial Number 88/884,253; (“Applicant’s TWEET Application”) by B. Fernandez&
`
`Hnos. (“Applicant”).
`
`As grounds for this opposition it is alleged that:
`
`1.
`
`Twitter, a pioneer in the communication and social networking space, is world
`
`renowned for its innovative microblogging and social media platform. More specifically, Twitter
`
`provides a real-time global information network that allows the public to discover what’s
`
`happening in the world, share information and connect to anyone, anywhere in real time. Since at
`
`least as early as 2006, Twitter has offered a platform that allows users to send, receive, post, share
`
`and access messages, photos, music, videos and other information and engage in real-time sharing
`
`of information and social networking.
`
`2.
`
`On April 16, 2009, Twitter filed Application Serial Number 77/715,815 for
`
`69322793.2
`
`

`

`TWEET (the “TWEET Mark”), which the United States Patent and Trademark Office (the
`
`“USPTO”) issued on May 21, 2013, as United States Trademark Registration Number 4,338,963
`
`(the “TWEET Registration”), with a first-use date at least as early as May, 2008, covering the
`
`following
`
`services:
`
`“Telecommunications
`
`services, namely, providing online
`
`and
`
`telecommunication facilities for real-time interaction between and among users of computers,
`
`mobile and handheld computers, and wired and wireless communication devices; enabling
`
`individuals to send and receive messages via email, instant messaging or a website on the internet
`
`in the field of general interest; providing on-line chat rooms and electronic bulletin boards for
`
`transmission of messages among users in the field of general interest; providing an online
`
`community forum for users to share information, photos, audio and video content about
`
`themselves, their likes and dislikes and daily activities, to get feedback from their peers, to form
`
`virtual communities, and to engage in social networking,” in International Class 38; “Providing
`
`on-line journals, namely, blogs featuring user-defined content” in International Class 41; and
`
`“Online social networking services; providing a website on the internet for the purpose of social
`
`networking; providing on-line computer databases and on-line searchable databases in the field of
`
`social networking” in International Class 45. The TWEET Registration has become incontestable,
`
`and the mark claimed in the TWEET Registration is currently in use and has been continuously in
`
`use since at least as early as the foregoing first use date. A copy of the registration certificate and
`
`the TSDR status page for the TWEET Registration is attached hereto as Exhibit A.
`
`3.
`
`On August 26, 2010, Twitter filed Application Serial Number 85/116,717 (the
`
`“TWEET Application”) for the TWEET Mark, which now covers the following goods and
`
`services: “Software and software applications to enable transmission, access, organization, and
`
`management of text messaging, instant messaging, online blog journals, text, weblinks, and images
`
`69322793.2
`
`2
`
`

`

`via the internet and other communications networks; computer software used to enhance the
`
`capabilities and features of other software and nondownloadable online software; software for
`
`accessing information on a global computer network; downloadable software via the internet and
`
`wireless devices for accessing, sending, and receiving information on a global computer network;
`
`downloadable software for computers, portable handheld digital electronic communication
`
`devices, mobile devices, and wired and wireless communication devices in the field of social
`
`networking; downloadable software in the nature of a mobile application for use with computers,
`
`portable handheld digital electronic communication devices, mobile devices, and wired and
`
`wireless communication devices; downloadable software in the nature of a mobile application for
`
`social networking; downloadable software in the nature of a mobile application for real-time
`
`delivery of data, messages, location, photographs, links, text and other data related thereto;
`
`downloadable software to facilitate online advertising, business promotion, connecting social
`
`network users with businesses and for tracking users and advertising of others to provide strategy,
`
`insight, marketing, and predicting consumer behavior” in International Class 9; and “Advertising
`
`and marketing; advertising services; online advertising and marketing services; business data
`
`analysis; promotional services; business networking; online service for connecting social network
`
`users with businesses; business monitoring and consulting services, namely, tracking users and
`
`advertising of others to provide strategy, insight, marketing guidance, and for analyzing,
`
`understanding and predicting consumer behavior and motivations, and market trends” in
`
`International Class 35. A copy of the TSDR status page for the TWEET Application is attached
`
`hereto as Exhibit B.
`
`4.
`
`Twitter also owns numerous other trademark applications and registrations in the
`
`Unites States and worldwide for the TWEET Mark, other iterations of the TWEET mark such as
`
`69322793.2
`
`3
`
`

`

`TWEETDECK, COTWEET, SUBTWEET, TWEETSTORM, among others, and numerous
`
`domain names that incorporate the TWEET Mark, earning a broad scope of protection in its family
`
`of TWEET marks.
`
`5.
`
`Twitter uses the TWEET Mark in connection with the services recited in the
`
`TWEET Registration as well as various other goods and services, including but not limited to
`
`general merchandise. The foregoing goods and services, as well as the goods and services recited
`
`in the TWEET Application are collectively referred to herein as the TWEET Goods and Services.
`
`By virtue of widespread and continuous use of its TWEET Mark, Twitter has established extensive
`
`common law rights in the TWEET Mark, including in connection with the TWEET Goods and
`
`Services.
`
`6.
`
`Twitter’s innovative platform is one of the world’s largest and most well-known
`
`information sharing, social networking and micro-blogging services. The Twitter platform allows
`
`users to send and read short 280 character messages called TWEETS, as well as post, share and
`
`access audio, photos, music, videos, and other media, via Twitter’s website, mobile applications,
`
`and SMS services. The platform has revolutionized the way people find, share and access
`
`information and data. Twitter has at least 330 million monthly active users who send at least 500
`
`million TWEETS per day. The Twitter platform is used to share breaking news stories and photos
`
`from around the world and to engage in world events. When United States President Barack Obama
`
`was reelected in 2012, he included a photo as part of a TWEET acknowledging he was reelected
`
`and within hours, the photo became the most shared TWEET in history at that time, ultimately
`
`being shared by more than 767 thousand users. That record was broken in 2014 when Academy
`
`Awards host Ellen DeGeneres’s TWEET that included a celebrity-packed photo was shared by
`
`more than 3.4 million users – and the record has since been broken again by other users.
`
`69322793.2
`
`4
`
`

`

`7.
`
`Twitter has expended substantial monies in marketing, advertising, and promoting
`
`the TWEET Mark and, through such sales and advertising, has generated substantial goodwill and
`
`customer recognition in the TWEET Mark. Twitter has derived substantial revenues from the
`
`TWEET Goods and Services under the TWEET Mark.
`
`8.
`
`Through extensive use, promotion and success of the TWEET Mark, the public
`
`readily associates the TWEET Mark with Twitter. As such, the public has come to know TWEET
`
`as an indication of goods and services that originate from or are affiliated with Twitter, including
`
`the TWEET Goods and Services. As a result of the marketing, sales, and success of the TWEET
`
`Goods and Services under the TWEET Mark, and of the public’s widespread use of the TWEET
`
`Goods and Services, such goods and services have come to be, and now are, well and favorably
`
`known under the TWEET Mark as products and services of high quality and reliability.
`
`9.
`
`The TWEET Mark is distinctive of the TWEET Goods and Services. Valuable
`
`goodwill has accumulated in the TWEET Mark inuring solely to Twitter.
`
`10.
`
`The success of Twitter and the TWEET Goods and Services offered in connection
`
`with the TWEET Mark, the significant and continuous media coverage, and the distinctiveness of
`
`the TWEET Mark have resulted in Twitter’s TWEET Mark being adopted by consumers and
`
`media outlets to refer to Twitter and Twitter’s Goods and Services.
`
`11.
`
`As a result of Twitter’s widespread and significant popularity, Twitter’s TWEET
`
`Mark is famous and well known to consumers. Twitter’s TWEET mark was famous at the time
`
`Applicant filed Applicant’s TWEET Application.
`
`69322793.2
`
`5
`
`

`

`12.
`
`Applicant filed the following Applicant’s TWEET Application:
`
`Application
`Number
`88/884,253
`
`Mark
`
`Offerings Covered by Application
`
`Filing Date
`
`TWEET
`
`International Class 31: Bird food
`
`April 23, 2020
`
`13.
`
`Copies of the TSDR status page for Applicant’s TWEET Application is attached
`
`hereto as Exhibit C.
`
`14.
`
`On information and belief, consumers will likely associate Applicant’s TWEET
`
`Mark with Twitter and the TWEET Goods and Services and will assume there is a relationship
`
`between Applicant and Twitter.
`
`15.
`
`If Applicant is permitted to register the mark shown in Applicant’s TWEET
`
`Application, Applicant’s corresponding right to use Applicant’s TWEET Mark in nationwide
`
`commerce will conflict with Twitter’s lawful and exclusive right to use the TWEET Mark
`
`nationwide in connection with Twitter’s Goods and Services.
`
`16.
`
`Applicant’s TWEET Mark is identical to Twitter’s TWEET Mark.
`
`17.
`
`Applicant’s goods, as recited in Applicant’s TWEET Application, would be
`
`promoted, advertised, and/or sold in identical or similar channels of trade as Twitter’s Goods and
`
`Services and would be seen by and/or purchased by the same or similar consumers.
`
`18.
`
`As a result of the similarity between Applicant’s TWEET Mark and Twitter’s
`
`TWEET Mark, and the parties’ respective goods and services, among other things, Applicant’s
`
`TWEET Mark is likely to cause consumer confusion, mistake or deception in the trade and among
`
`consumers as to the source, origin, or sponsorship of the respective goods and services.
`
`19.
`
`If Applicant is permitted to use and register Applicant’s TWEET Mark in
`
`69322793.2
`
`6
`
`

`

`connection with Applicant’s goods, confusion in trade resulting in irreparable damage and injury
`
`to Twitter would be caused by reason of the similarity between Applicant’s TWEET Mark and
`
`Twitter’s TWEET Mark. Persons familiar with Twitter’s TWEET Mark would be likely to buy
`
`Applicant’s goods believing that such products are provided by, endorsed by, or associated with
`
`Twitter, which is not the case. Furthermore, any defect, objection or fault found with Applicant’s
`
`goods marketed under Applicant’s TWEET Mark would necessarily reflect upon and seriously
`
`injure the reputation which Twitter has established for the TWEET Goods and Services sold and
`
`provided under Twitter’s TWEET Mark.
`
`20.
`
`Registration of Applicant’s TWEET Application, and use of Applicant’s TWEET
`
`Mark, will cause dilution by blurring or dilution by tarnishment of Twitter’s famous TWEET
`
`Mark.
`
`21.
`
`Upon information and belief, Applicant did not use Applicant’s TWEET Mark in
`
`commerce or file Applicant’s TWEET Application before Twitter began using the TWEET Mark
`
`in United States commerce.
`
`22.
`
`Twitter’s TWEET Registration and TWEET Application each have a filing date
`
`that predates the filing date of Applicant’s TWEET Application.
`
`23.
`
`Applicant’s application to register Applicant’s TWEET Mark is without Twitter’s
`
`consent or permission.
`
`24.
`
`In view of Twitter’s prior rights in the TWEET Mark, Applicant is not entitled to
`
`registration of the mark of Applicant’s TWEET Application.
`
`25.
`
`Twitter’s opposition to Applicant’s TWEET Application is timely.
`
`26.
`
`By reason of the foregoing, Twitter will be damaged by the registration of
`
`Applicant’s TWEET Mark.
`
`69322793.2
`
`7
`
`

`

`WHEREFORE, Twitter prays that this Notice of Opposition be sustained and that
`
`Applicant’s TWEET Application be denied registration.
`
`Dated: February 19, 2021
`
`
`
`Respectfully Submitted,
`
`
`
`/ Daniel Mullarey/
`Adam S. Weiss
`Daniel Mullarkey
`150 N. Riverside Plaza, Suite 3000
`Chicago, Illinois 60606
`uspt@polsinelli.com
`docketing@polsinelli.com
`aweiss@polsinelli.com
`dmullarkey@polsinelli.com
`
`Attorneys for Opposer,
`Twitter, Inc.
`
`CERTIFICATE OF ELECTRONIC SERVICE
`
`I hereby certify that the foregoing NOTICE OF OPPOSITION was electronically filed using the
`ESTTA system on February 19, 2021.
`
`
`
`/ Daniel Mullarkey/
`Adam S. Weiss
`Daniel Mullarkey
`150 N. Riverside Plaza, Suite 3000
`Chicago, Illinois 60606
`
`Attorneys for Opposer,
`Twitter, Inc.
`
`69322793.2
`
`8
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`
`
`

`

`TWE T
`
`Reg. No. 4,338,963
`
`Registered May 21, 2013
`
`Int. Cls.: 38, 41, and 45
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`
`
`%%fi , ‘2
`
`Artiug Dilerlor ul‘llw Unilell Stale; Patent Mlll‘ TnuJL-nmlk OlTIL'e
`
`TWITTER, INC. (DELAWARE CORPORATION)
`1355 MARKET STREET, SUITE 900
`SAN FRANCISCO, CA 94103
`
`FOR: TELECOMMUNICATIONS SERVICES, NAMELY, PROVIDING ONLINE AND TELE-
`COMMUNICATION FAC1L11‘1ES FOR REAL—1‘1ME1N1‘ERACTION BETWEEN ANDAMONG
`USERS OF COMPUTERS, MOBILE AND HANDHELD COMPUTERS, AND WIRED AND
`WIRELESS COMMUNICATION DEVICES; ENABLING INDIVIDUALS TO SEND AND RE-
`CEIVE MES SAGES VIA EMA IL, INSTANT MES SAGING ORA WEBSITE ON THE INTERNET
`IN THE FIELD OF GENERAL INTEREST; PROVIDING ON—LINE CHAT ROOMS AND
`ELECTRONIC BULLETIN BOARDS FOR TRANSMISSION OF MESSAGES AMONG USERS
`IN THE FIELD OF GENERAL INTEREST; PROVIDING AN ONLINE COMJVIUNITY FORUM
`FOR USERS TO SHARE INFORMATION, PHOTOS, AUDIO AND VIDEO CONTENT ABOUT
`THEMSELVES, THEIR LIKES AND DISLIKES AND DAILYACTIVITIES, TO GET FEEDBACK
`FROM THEIR PEERS, TO FORM VIRTUAL COMMUNITIES, AND TO ENGAGE IN SOCIAL
`NETWORKING, 1N CLASS 38 (US. CLS. 100, 101 AND 104).
`
`FIRST USE 5-0-2008; IN COMMERCE 5-0-2008.
`
`FOR: PROVIDING ON—LINE JOURNALS, NAMEI ,Y, BLOGS FEATURING USER—DEFINED
`CONTENT, IN CLASS 41 (US. CLS. 100, 101 AND 107).
`
`F1RST USE 5—0—2008; 1N COMMERCE 5—0—2008.
`
`FOR: ONLINE SOCIAL NETWORKING SERVICES; PROVIDING A WEBSITE ON TIIE IN-
`TERNET FOR THE PURPOSE OF SOCIAL NETWORKING, PROVIDING ON-LINE COM-
`PUTER DATABASES AND ON—LINE SEARCHABLE DATABASES IN THE FIELD OF SOCIAL
`
`NETWORKING, IN CLASS 45 (US. CLS. 100 AND 101).
`
`FIRST USE 5-0—2008; IN COMMERCE 5-0-2008.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SN 774153315, FILED 4-16-2009-
`
`REBECCA SMITH, EXAMINING ATTORNEY
`
`

`

`REQUIREMENTS TO MAINTAIN YOUR FEDERAL
`TRADElVIARK REGISTRATION
`
`DOCUlVIENTS BELOW DURING THE SPECIFIED TIlVIE PERIODS.
`
`WARNIN G: YOUR REGISTRATION WILL BE CAN CELLED IF YOU DO 1V OT FILE THE
`
`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 Exeusable Nonuse) and an
`Application for Renewal between the 9th and IOth years after the registration date.*
`See 15 U_S.C. §1059,
`
`Requirements in Successive Ten-Year Periods*
`What and When to File:
`
`You must file a Declaration oste (or Exeusable Nonuse) and an Application for Renewal 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 Nonusc) referenced above directly with the USPTO, The time periods for filing are
`based on the US. registration date (not the international registration date). The deadlines and grace periods
`for the Declarations of Use (or Excusable Nonusc) are identical to those for nationally issued registrations
`See 15 U.S.C. §§1058, 1141k. However, owners of intemational registrations do not file renewal applications
`at the USPTO. lnstead, the holder must file a renewal of the underlying international registration at the
`International Bureau of the World Intellectual Propelty Organization, under A 1ticle 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.wipoint/madrid/en/L
`
`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 ol'protection, you can file the registration maintenance documents referenced above online
`at http://www.usptogov.
`
`Page: 2 / RN # 4,338,963
`
`

`

`Generated on: This page was generated by TSDR on 2019-06-29 02:26:51 EDT
`
`Mark: TWEET
`
`US Serial Number: 77715815
`
`US Registration
`Number:
`
`4338963
`
`Register: Principal
`
`Mark Type: Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Apr. 16, 2009
`
`Registration Date: May 21, 2013
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.
`
`Status Date: Jun. 21, 2019
`
`Publication Date: Dec. 27, 2011
`

`
`Mark Literal
`Elements:
`
`TWEET
`
`Notice of
`Allowance Date:
`
`Nov. 13, 2012
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Online social networking services; providing a website on the internet for the purpose of social networking; providing on-line computer
`databases and on-line searchable databases in the field of social networking
`
`International
`Class(es):
`
`045 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: May 2008
`
`U.S Class(es): 100, 101
`
`Use in Commerce: May 2008
`
`For: Providing on-line journals, namely, blogs featuring user-defined content
`
`International
`Class(es):
`
`041 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: May 2008
`
`U.S Class(es): 100, 101, 107
`
`Use in Commerce: May 2008
`
`For: Telecommunications services, namely, providing online and telecommunication facilities for real-time interaction between and among
`users of computers, mobile and handheld computers, and wired and wireless communication devices; enabling individuals to send and
`receive messages via email, instant messaging or a website on the internet in the field of general interest; providing on-line chat rooms
`and electronic bulletin boards for transmission of messages among users in the field of general interest; providing an online community
`forum for users to share information, photos, audio and video content about themselves, their likes and dislikes and daily activities, to
`get feedback from their peers, to form virtual communities, and to engage in social networking
`
`International 038 - Primary Class
`
`U.S Class(es): 100, 101, 104
`
`

`

`Class(es):
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: May 2008
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Use in Commerce: May 2008
`
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Twitter, Inc.
`
`Owner Address: 1355 Market Street, Suite 900
`San Francisco, CALIFORNIA UNITED STATES 94103
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Karen A. Webb
`
`Docket Number: 25980-00700
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`trademarks@fenwick.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Karen A. Webb
`FENWICK & WEST LLP
`801 California Street
`MOUNTAIN VIEW, CALIFORNIA UNITED STATES 94041
`
`Phone:
`
`(650) 988-8500
`
`Fax:
`
`(650) 938-5200
`
`Correspondent e-
`mail:
`
`trademarks@fenwick.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jun. 21, 2019
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
`
`Jun. 20, 2019
`
`TEAS SECTION 15 RECEIVED
`
`Jun. 21, 2019
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Jun. 19, 2019
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`May 10, 2019
`
`TEAS SECTION 8 & 15 RECEIVED
`
`May 21, 2018
`
`COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
`
`May 21, 2013
`
`REGISTERED-PRINCIPAL REGISTER
`
`Apr. 17, 2013
`
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`
`Apr. 16, 2013
`
`LAW OFFICE REGISTRATION REVIEW COMPLETED
`
`Apr. 11, 2013
`
`TEAS EXTENSION RECEIVED
`
`Apr. 11, 2013
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`Mar. 22, 2013
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`Feb. 08, 2013
`
`USE AMENDMENT FILED
`
`Feb. 26, 2013
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`Feb. 08, 2013
`
`TEAS STATEMENT OF USE RECEIVED
`
`Nov. 13, 2012
`
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`
`Proceeding
`Number
`
`68335
`
`68335
`
`66213
`
`61813
`
`61813
`
`61813
`
`

`

`Sep. 28, 2012
`
`TTAB RELEASE CASE TO TRADEMARKS
`
`Sep. 28, 2012
`
`OPPOSITION TERMINATED NO. 999999
`
`Sep. 28, 2012
`
`OPPOSITION DISMISSED NO. 999999
`
`Jun. 12, 2012
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Jun. 12, 2012
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Apr. 26, 2012
`
`OPPOSITION INSTITUTED NO. 999999
`
`Jan. 26, 2012
`
`EXTENSION OF TIME TO OPPOSE RECEIVED
`
`Dec. 27, 2011
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Dec. 27, 2011
`
`PUBLISHED FOR OPPOSITION
`
`Dec. 07, 2011
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`Nov. 22, 2011
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`Nov. 21, 2011
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Jul. 25, 2011
`
`REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
`
`Jan. 18, 2011
`
`REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
`
`Jul. 16, 2010
`
`REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
`
`Jul. 16, 2010
`
`ASSIGNED TO LIE
`
`Jan. 14, 2010
`
`NOTIFICATION OF LETTER OF SUSPENSION E-MAILED
`
`Jan. 14, 2010
`
`LETTER OF SUSPENSION E-MAILED
`
`Jan. 14, 2010
`
`SUSPENSION LETTER WRITTEN
`
`Dec. 31, 2009
`
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`204920
`
`204920
`
`204920
`
`88888
`
`204920
`
`66213
`
`66213
`
`66213
`
`66213
`
`66213
`
`6332
`
`6332
`
`76433
`
`88889
`
`Dec. 30, 2009
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Dec. 30, 2009
`
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`
`Dec. 28, 2009
`
`ASSIGNED TO EXAMINER
`
`Nov. 23, 2009
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Nov. 23, 2009
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Jul. 01, 2009
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`Jul. 01, 2009
`
`NON-FINAL ACTION E-MAILED
`
`Jul. 01, 2009
`
`NON-FINAL ACTION WRITTEN
`
`Jul. 01, 2009
`
`ASSIGNED TO EXAMINER
`
`May 29, 2009
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`May 29, 2009
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Apr. 20, 2009
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Apr. 20, 2009
`
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`Current Location: TMO LAW OFFICE 110
`
`Date in Location: Jun. 21, 2019
`
`Proceedings
`
`TM Staff Information - None
`
`File Location
`
`88889
`
`76433
`
`88888
`
`6325
`
`6325
`
`76509
`
`76509
`
`Summary
`
`Number of
`Proceedings:
`
`11
`
`Proceeding
`Number:
`
`91245266
`
`Status: Pending
`
`Interlocutory
`Attorney:
`
`ANDREW P BAXLEY
`
`Name: Phil Henry Ministries, Inc.
`
`Type of Proceeding: Opposition
`

`
`Filing Date: Dec 12, 2018
`
`Status Date: Dec 12, 2018
`
`Defendant
`
`Correspondent
`Address:
`
`GREGG ZEGARELLI
`TEV LAW GROUP PC
`2585 WASHINGTON ROAD, SUITE 134 SUMMERFIELD COMMONS OFFICE PARK
`
`

`

`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`POWER TWEET
`
`PITTSBURGH PA UNITED STATES , 15241-2565
`
`mailroom.grz@zegarelli.com
`
`Application Status
`
`Opposition Pending
`
`Plaintiff(s)
`
`Serial
`Number
`
`87622807
`
`Registration
`Number
`
`Name: Twitter, Inc.
`
`Correspondent
`Address:
`
`ERIC BALL
`FENWICK & WEST LLP
`801 CALIFORNIA STREET
`MOUNTAIN VIEW CA UNITED STATES , 94041
`
`trademarks@fenwick.com , eball@fenwick.com , DocketCalendarRequests@fenwick.com , bwalrod@fenwick.com
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`TWEET
`
`TWEET
`
`RETWEET
`
`COTWEET
`
`TWEETDECK
`
`LET YOUR AD MEET TWEETS
`
`Entry Number
`
`History Text
`
`1
`
`FILED AND FEE
`
`Application Status
`
`Serial
`Number
`
`Registration
`Number
`
`Report Completed Suspension Check - Case Still Suspended 85116717
`
`Section 8 and 15 - Accepted and Acknowledged
`
`Registered
`
`Section 8 and 15 - Accepted and Acknowledged
`
`Section 8 and 15 - Accepted and Acknowledged
`
`Section 8 - Accepted
`
`Prosecution History
`
`77715815
`
`77804841
`
`77697186
`
`77725866
`
`77513740
`
`4338963
`
`5176563
`
`3780175
`
`4110588
`
`3699994
`
`Date
`
`Dec 12, 2018
`
`Due Date
`
`Jan 21, 2019
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`NOTICE AND TRIAL DATES SENT; ANSWER DUE:
`
`PENDING, INSTITUTED
`
`ANSWER
`
`TRIAL DATES RESET
`
`P CHANGE OF CORRESP ADDRESS
`
`Dec 12, 2018
`
`Dec 12, 2018
`
`Jan 21, 2019
`
`Feb 22, 2019
`
`Feb 27, 2019
`
`MOT TO AMEND ANS OR COUNTERCLAIM/AMENDED ANS OR COUNTERCLAIM
`
`Mar 04, 2019
`
`P OPP/RESP TO MOTION
`
`PROCEEDINGS RESUMED
`
`ANSWER TO COUNTERCLAIM
`
`Mar 25, 2019
`
`Mar 27, 2019
`
`Apr 26, 2019
`
`Proceeding
`Number:
`
`91240387
`
`Status: Terminated
`
`Interlocutory
`Attorney:
`
`KATIE W MCKNIGHT
`
`Type of Proceeding: Opposition
`
`Filing Date: Apr 02, 2018
`
`Status Date: Jul 16, 2018
`
`Name: Bradley S. Bobo
`
`Correspondent
`Address:
`
`BRADLEY SBOBO
`7400 N SEPULVEDA BLVD #227
`VAN NUYS CA UNITED STATES , 91405-4917
`
`Defendant
`
`bradsbobo@yahoo.com
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`TWEET SEX
`
`Name: Twitter, Inc.
`
`Correspondent KAREN A WEBB
`
`Application Status
`
`Abandoned - After Inter

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