Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1188484
`02/02/2022
`
`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
`
`Lenovo (Beijing) Limited
`02/02/2022
`
`201-H2-6, 2ND FLOOR, BUILDING 2
`NO. 6 SHANGDI WEST ROAD, HAIDIAN DIST.
`BEIJING, 100085
`CHINA
`
`JEFFREY A. WAKOLBINGER
`KATTEN MUCHIN ROSENMAN LLP
`525 W. MONROE ST.
`CHICAGO, IL 60601
`UNITED STATES
`Primary email: jeff.wakolbinger@katten.com
`Secondary email(s): chi-tmuspto@katten.com, kristin.achterhof@katten.com
`No phone number provided
`
`Docket no.
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`87622089
`02/02/2022
`
`Publication date
`Opposition period
`ends
`Shenzhen Youtailian Technology Co., Ltd.
`ROOM508, BLOCK B,TOWER 1,SHIJI CHUNCHENG
`MINZHI ST., LONGHUA NEW DIST.
`SHENZHEN, 518000
`CHINA
`Goods/services affected by opposition
`
`10/05/2021
`02/02/2022
`
`Class 009. First Use: Aug 1, 2017 First Use In Commerce: Aug 1, 2017
`All goods and services in the class are opposed, namely: Car video recorders; Ear phones; Global-
`positioning system (GPS) apparatus; Headphones; Loudspeakers; Portable media players; Re-
`chargeable batteries; Robots for personal or hobby use; Video baby monitors; Virtual reality head-
`sets; Wearableactivity trackers; Cabinets for loudspeakers
`
`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.
`Register
`Registration date
`
`Word mark
`Design mark
`
`3149377
`
`Principal
`09/26/2006
`
`LENOVO
`
`Application date
`
`02/20/2003
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Feb 18, 2003 First Use In Commerce: May 1,
`2005
`Computers; computer memories; computer peripheral equipment; printers for
`use with computers; scanners for use with data processing equipment and com-
`puters; blank and encoded integrated circuit cards; notebook computers; photo-
`copiers; phototelegraphy apparatus; modems; mobile telephones; amusement
`apparatus for use with television receivers, namely, computer game cartridges,
`computer game cassettes, computer game software; computer game software
`and programs; personal stereos; portable listening devices, namely, CD players,
`digital and analog cassette decks, digital recorder and playback equipment for
`personal use; photographic anddigital cameras; single crystal siliconin the form
`of wafers, chips, and unformed for use for scientific purposes and semiconduct-
`or use; integrated circuits; and computer software, namely, communications
`software for connecting computer network users and global computer networks,
`computer communications software to allow customers to access account in-
`formation and transact business, computer e-commerce software to allow users
`to perform electronic business transactions via a global computer network, com-
`puter gamesoftware, computer graphics software, computer screen saver soft-
`ware, computer search engine software, computer software for use in database
`management, for use as a spreadsheet, for word processing,for accounting, for
`business development, for customer service in a wide variety of fields, computer
`software for use in database management, for use as a spreadsheet, for word
`processing, for accounting, for business development, for customer service in a
`wide variety of fieldsthat may be downloaded from a global computer network,
`computer software development tools, computer software for accessing informa-
`tion directories that may bedownloaded from the global computer network, com-
`puter software for application and database integration, computer software for
`creating searchable databases ofinformation and data, computer softwarefor the
`collection, editing, organizing, modifying, book marking, transmission storage
`and sharing of data and information, computer software for communicatingwith
`users of hand-held computers, computer software that assists computers in de-
`ploying parallel applications and performing parallel computations, computer
`software to automate data warehousing, computer software to control and im-
`prove computer and audio equipment sound quality, computer software to en-
`hance the audio-visual capabilities of multimedia applications, namely, for the in-
`tegration oftext, audio, graphics, still images andmoving pictures, computer soft-
`ware, namely, an application allowing sales and field service employees to up-
`date and receive data stored in an enterprise's computer databases in real time,
`using a mobile device, with full telephony integration with the telephone and/or
`software features of the mobile device, computer telephony software, computer
`software foruse with a global positioning system (GPS), and computer software
`for graphics arts, animation and manipulation of images
`
`

`

`Class 037. First use: First Use: Feb 18, 2003 First Use In Commerce: May 1,
`2005
`Electric appliance installation and repair; office machines and equipment install-
`ation, maintenance and repair; installation, maintenance and repair of computer
`hardware; interference suppression electrical apparatus; photographic apparat-
`us repair; telephone installation and repair
`Class 042. First use: First Use: Feb 18, 2003 First Use In Commerce: May 1,
`2005
`Computer programming for others; computer software design for others; updat-
`ing of computer software for others; computer hardware consulting services; re-
`coveryof computer data; maintenance of computer software, computer system
`design for others; hosting web sites for others on a computer server for a global
`communications network; installation of computer software
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`5388737
`
`Principal
`01/30/2018
`
`LENOVO
`
`Application date
`
`09/29/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Batteries; battery chargers; accumulators; photographic and digital cameras;
`computer hardware; computer peripheral equipment; computers; computer serv-
`ers; desktop computers; laptop computers; notebook computers; tablet com-
`puters; mobile personal computers; computer keyboards; computer mice; com-
`puter monitors; computer game software and programs; computer storage ap-
`paratus, namely, computer peripherals for use in playback, recording and editing
`digital audio and video, computer disaster data recovery, file backup and retriev-
`al; computer peripheral hardware devices containing memory storage; computer
`memory storage controllers; computer software used to access data storage
`drives and disks; electronic memory storage devices; computer memory storage
`devices, namely, solid state memory and flash memory, optical, and magnetic
`disk drives; computer hardware drives; CD burners; DVD burners; electronic
`data backup memory storage hardware; network attached storage (NAS) hard-
`ware; routers; blank integrated circuits and chip cards and encoded integrated
`circuits and chip cards for use in connection with computers and mobile tele-
`phones for encoding anddecoding digital data, audio and video;electronic in-
`formation storage computerserver systems for use in enterprise storage applica-
`tion, in computer network storages, computer network attached storages and
`storage local area networks, consisting of computer hardware, computer peri-
`pherals, and operating system software; handheld, mobile and wearable di-
`gitalelectronic devices, capable of providing access to the internet, for the send-
`ing and receiving of telephone calls, electronic mail and other data and digital
`media, namely, mobile telephones, smart phones, smart watches, smart watch
`phonesand accessories therefor, namely, headphones and earbuds, wireless
`speakers, chargers, cables, adapters, cases, covers and screen protectors; mo-
`dems; blank CD-ROM, pre-recorded CD-ROMs featuring information about com-
`puter operating programs; compact disc recorders and players; power adapters;
`
`

`

`ink jet document printers; document printers for use with computers; protective
`covers for laptop computers and tablet computers; scanners for use with data
`processing equipment and computers; televisions, namely, smart TVs and ac-
`cessories in the nature of set-top boxes, touchpads, 3D glasses and remote
`controls all for use with televisions; apparatus for recording, transmission and/or
`reproduction of sounds, images or other data; audio components and accessor-
`ies, namely, CD players; DVD players; radios; stereo speakers; audio speakers;
`audio speakers for home; monitor speakers;speakers for computers; personal
`stereospeaker apparatus; radio receivers, amplifiers, sound recording and repro-
`ducingapparatus, electric phonographs, recordplayers, high fidelity stereo appar-
`atus, tape recorders and reproducing apparatus, loudspeakers, multiple speaker
`units, microphones; digital audio and video players with multimedia and interact-
`ive functions; digital audio and video devices in the nature of audio and video re-
`cording and playback devices; audio cassette recorders and players, video cas-
`sette recorders and players, compact disc players, digital versatile disc record-
`ers and players, digital audio tape recorders and players; audio, video, and digit-
`al mixers; radio transmitters; carrying cases, sacks and bags, all for use with
`and the sacks and bags specifically adapted for holding computers and portable
`handheld digital electronic devices, namely, cellular phones, mobile phones,
`smartphones, computers, laptops, tablets, portable media players, smart
`watches, personal navigation devices and personal digital assistants; computer
`hardware and software for the reproduction, processing and streaming of audio,
`video and multimedia content; computer hardware and software for controlling
`the operation of audio and video devices and for viewing, searching and/or play-
`ing audio, video, television, movies, photographs and other digital images and
`other multimedia content; earphones; headphones; built-in wireless audio and
`video receivers and electronic docking stations for use with electronic book
`readers, tablet computers, MP3 players, MP4 players, mobile phones and smart
`phones; portable listening devices, namely, CD players, digital and analog cas-
`sette decks, digital video recorders and playback equipment, namely, soundand
`video recording and playback machines for personal use; single crystal silicon in
`the form of wafers, chips and unformed single crystal silicon wafers for use for
`scientific purposes and semiconductor use, namely, testing and creating semi-
`conductors; integrated circuits; computer communications software for connect-
`ing computer network users and global computer networks; computer commu-
`nications software to allow customers to access customer account information
`and business transactions; computer e-commerce software to allow users to
`perform electronic business transactions via a global computer network; com-
`puter game software; computer graphics software; computer software for creat-
`ing digital graphics arts,digital animation and manipulation of digital images;
`computer screen saver software; computer search engine software; computer
`software for use in database management, for use as a spreadsheet and for
`word processing, in the fields of accounting, business development, customer
`service in a wide variety of fields thatmay be downloaded from a global com-
`puter network; computer software developmenttools; computer software for ac-
`cessing information directories that may be downloaded from the global com-
`puter network;computer software for application and database integration; com-
`puter software for creating searchable databases of information and data; com-
`puter software for the collection, editing, organizing, modifying, book marking,
`transmission storage and sharing of data and information; computer software for
`communicating withusers of hand- held computers; computersoftware that as-
`sists computers in deploying parallel applications and performing parallel com-
`putations; computer software to automate data warehousing; computer software
`to control and improve computer and audio equipment sound quality; computer
`software to enhance the audio-visual capabilities of multimedia applications,
`namely, for the integration of text, sound, graphics, still images and moving pic-
`tures; computer software, namely,an application allowing sales and fieldservice
`employees to update and receivedata stored in an enterprise's computerdata-
`bases in real time, using a mobile device, with full integration of the phone and/
`or software features of the mobile device; computer telephony software; com-
`
`

`

`puter operating software for use with a global positioning system (GPS); com-
`puter application software for mobile phones, portable media players and hand-
`held computers, namely, software for use in voice recognition; computer soft-
`ware for creating, authoring, distributing, downloading, transmitting, receiving,
`playing, editing, extracting, encoding, decoding, displaying, storing and organiz-
`ing text, data, graphics, images, audio, videoand other multimedia content, elec-
`tronic publications and electronic games; computer software for use in record-
`ing, organizing, transmitting, manipulating and reviewing text, data, audio files,
`videofiles and electronic games in connection with computers, televisions, televi-
`sion set top boxes, digital audio players, video disc players, media players, tele-
`phones and handheld digital electronic devices, namely, cellular phones, mobile
`phones, smartphones, MP3 players, computers, laptops, tablets, portable media
`players, smart watches; personal digital assistants; computer software for in-
`stant messaging, sending and receiving emails and contact information, sched-
`ule sharing, content sharing, playing, sharing andmanaging multimedia files, re-
`cording, organizing, transmitting, manipulating and reviewing text, audio files,
`video files and computer game programs for use inconnection with television ap-
`paratus for projection purposes, computers, portable music players, video disc
`players, media players and mobile phones; computer software and hardware for
`managing data networking devices and computer network interface devices;
`computer software andhardware for the management, control and networking of
`computer servers; computer operating software for use with computer servers,
`computer data storage devices, namely, external computer hard drives, and
`computer memory devices; computeroperating systems software; computer soft-
`ware for operating systems administration; computer software for managing the
`network configurations of a local area network entity based on the location of
`acomputational entity code in the local area network; computer software for per-
`forming automatic communications switching in computer networks; network in-
`terface modules for network servers, switch modules, transceivers and computer
`accessories, namely, keyboards, computer mice, touchscreens, pen tablets, joy-
`sticks, MIDI keyboards, scanner, digital cameras, video cameras, projector, TV
`screens, plotters and speakers; computer software used in a networked com-
`puter server environment to avoid operational downtimes and maintain the integ-
`rity of the networked computer and switching and routing devices so as to en-
`sure the robustness and performance of the networked system by automating
`the configuration of components in the networked computer server environment;
`computer hardware and software for controlling the operation of or execution of
`programs and local area networksfor network server systems and computer-
`workstations; computer switches that enable enhanced input/output (I/O) for an
`entire rack of computer servers; computer switches consisting of computer hard-
`ware and computer software and capable of facilitating or enabling virtual
`serversand virtual computers through computer software or computer hardware
`design; electrical and electronic connectors, couplers, electric wires, electric
`cables, wireless chargers, electronic docks, computer docking stations, electron-
`ic display interfaces and computer network adapters for use with all the afore-
`said goods;portable digital electronic devices, namely, cellular phones, mobile
`phones, smartphones, computers, laptops, tablets, MP3 players, portable media
`players, smart watches, personal navigation devices and personal digital assist-
`ants, and operating software related thereto; software for telecommunication
`and communication for connecting computer network users via local or global
`communications networks, namely, the internet, intranets, extranets, television,
`mobile communication, cellular and satellite networks; usermanuals in electron-
`ically readable, machine readable or computer readable form for use with and
`sold as a unit with allthe aforementioned goods; mobile telephone cases and
`mobile telephone holders; smartwatches enabled for wireless communications
`with electronic terminals, namely, smart phones, tablet computers, PDAsand
`computers
`Class 014. First use: First Use: None First Use In Commerce: None
`Watches; watch straps; watch bands; chronoscopes; clocks; parts for watches,
`
`

`

`clocks and horological and chronometric instruments; cases for watches, clocks
`andhorological and chronometric instruments; bracelets being jewelry and incor-
`porating functions of watches, namely, speedsensor detection, pace counters,
`measurements of calorie consumption, distancesmeasurements, momentum
`motion measurements, heartbeat measuring monitors, built-in pedometers;
`watch cases; watch glasses; replacement parts and fittings for use in connection
`with the aforesaid goods
`Class 018. First use: First Use: None First Use In Commerce: None
`Back packs, ruck sacks, bags, namely, envelopes and pouches of leather, for
`packaging; reusable shopping bags; handbags; messenger bags; suitcases,
`leather shoulder belts, key cases, luggage tags, all aforementioned goods of
`leather or imitation leather
`Class 035. First use: First Use: None First Use In Commerce: None
`Online retail store services provided via a global computer network featuring
`computer hardware, computer software, computer peripherals, consumer elec-
`tronics,telecommunications apparatus, mobile phones, handheld and mobile di-
`gital electronic devices, accessories, peripherals and carrying cases for the
`aforementioneddevices and demonstration of the aforementioned products; re-
`tail store servicesfeaturing computer hardware, computer software, computer
`peripherals, consumer electronics, telecommunications apparatus, mobile
`phones, handheld and mobile digital electronic devices, accessories, peripherals
`and carrying cases for the aforementioned devices and demonstration of the
`aforementioned products; computerized database management services for di-
`gital text, data, images, audio and videoworks
`Class 036. First use: First Use: None First Use In Commerce: None
`Financial services, namely, credit counseling services related to the acquisition
`of goods; extension of retail store credit services, namely financing services and
`credit counseling services for thepurchase of computers, consumer electronics
`and related accessories; financing services; lease-purchase financing services;
`payment verification services; providing and underwriting warranty programsin
`the field of computers, notebooks and laptop computers, tablet computers,
`smartphones, portable telephones, telephone equipment and computer hard-
`ware and equipment, and providing extended warrantycontracts
`Class 037. First use: First Use: None First Use In Commerce: None
`Maintenance, installation and repair ofcomputer hardware, computer peripher-
`als, consumer electronic devices, electric appliances, office machines as well as
`telephonic and photographic equipment andapparatus; maintenance of com-
`puter hardware for use in networking computing
`Class 038. First use: First Use: None First Use In Commerce: None
`Satellite communication services, telephone communication services; wireless
`broadband communication services; telecommunication access services; com-
`municationby computer terminals; computer aided transmission of messages
`and images; providing telecommunication connections to aglobal computer net-
`work; electronic transmission of streamed and downloadable audio and video
`files via computer and other communications networks; provision of telecommu-
`nication connectivity services and access to electronic communications net-
`works, for transmission or reception of audio, video or multimedia con-
`tent;provision of telecommunications connections to electronic communication
`networks for transmission or reception of audio, video or multimedia content;
`provisionof telecommunications access and onlinecommunication links to com-
`puter databases and the internet; electronic transmission of computer software
`for smart phones, mobile phones and handheld electronic devices via the inter-
`net and other computer and electronic communication networks; information, ad-
`visory and consultancy services relating thereto
`Class 041. First use: First Use: None First Use In Commerce: None
`Education services, namely, providing computer education training, mobile
`
`

`

`phoneeducation training, computer education instruction and mobile phone edu-
`cation instruction; workshops, arranging and conducting educational confer-
`ences and seminars in the field of computers, computersoftware, online com-
`puter website services, information technology, website design and consumer
`electronics; arranging professional workshops and training courses; computer
`education training services; arranging and conducting of commercial, trade and
`business conferences; arranging and conducting of educational exhibitions,
`workshops, seminars and video conferences; providing online, non-
`downloadable electronic publications, namely, electronic publications for brows-
`ing via computer networks, namely, books, pamphlets, brochures, newsletters,
`journals and magazines relating to computer hardware, computer software, mo-
`bile phones, smart phones, handheld and mobile electronic devices
`Class 042. First use: First Use: None First Use In Commerce: None
`[ Computer systems integration services; ] computer consultancy services in
`thefield of design, development and operation of computers and mobile phones;
`* development, testing, research and consultancy related to * computer hard-
`ware * ; * [ design and ] * developing, editing, updating, testing, research and
`consultancy related to * computer software [ design, editing, updating, testing,
`research and advisory services; ] consulting services in the field of design, se-
`lection, implementation and use of computer hardware and software systems for
`others; computer software design; computer systemdesign; computer system
`analysis; planning, designing, implementing and developing computer networks
`for others; design, installation, interconnection, testingand maintenance of com-
`puter software for use in network computing; computer system and computer
`network integration; development of a computer server architecture consisting of
`computer hardware, computer software, semiconductors and electronic devices
`and creating framework conditions for designing, developing, managing and
`providing computer hardware, computer software, semiconductors and electron-
`ic devices; installation and maintenance of computer software; development and
`maintenance of computing network software for others; recovery of computer
`data; updating computer software for others; computer and consumer electronic
`diagnostic services; computer programming services; providing consulting ser-
`vices andtechnical support services, namely, troubleshooting support in the
`nature of diagnosing server problems for computers, computer hardware, com-
`puter peripherals,servers, network equipment, computer software and consumer
`electronic devices, namely, handheld mobile digital electronic devices; computer
`consultation services for determining the compatibility of computer hardware and
`computer software;computer consultation services for computer hardware and
`computer software for use in the field of heat exchangers and thermal manage-
`ment; technological consultation services in the field of design, selection, imple-
`mentation and use of heat exchangers and thermal management systems; com-
`puter services, namely, creatingan online community for registered users to par-
`ticipate in discussions, share recommendations, get feedback from their peers,
`from virtual communities and engage in social networking; design, development,
`maintenance and management of application software for mobile phones, com-
`puters, TVs and consumer audio and video electronics; maintenance, repair and
`updating of computer operating system software; computerized data storage
`services for digital text, data, images, audio and video works
`
`Attachments
`
`78217242#TMSN.png( bytes )
`79187675#TMSN.png( bytes )
`2022-02-02_MANOVO Opposition.pdf(103670 bytes )
`2022-02-02_MANOVO Opposition_Ex. A.pdf(145703 bytes )
`
`Signature
`Name
`
`/Jeffrey A. Wakolbinger/
`JEFFREY A. WAKOLBINGER
`
`

`

`Date
`
`02/02/2022
`oeroeIB0e2
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`87/622,089
`MANOVO
`
`
`
`
`
`Opposition No. ______________
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`Serial No.:
`Mark:
`
`LENOVO (BEIJING) LIMITED,
`
`
`
`
`
`SHENZHEN YOUTAILIAN
`TECHNOLOGY CO., LTD.,
`
`
`
`
`Opposer,
`
`
`
`v.
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`
`
`Opposer, Lenovo (Beijing) Limited, believes that it would be damaged by registration of
`
`the mark “MANOVO” (“Applicant’s Mark”), depicted in U.S. Application Serial No.
`
`87/622,089 (the “Application”), filed September 26, 2017, by Shenzhen Youtailian Technology
`
`Co., Ltd. Accordingly, Lenovo (Beijing) Limited hereby opposes registration of Applicant’s
`
`Mark, and as grounds for opposition alleges as follows:
`
`1.
`
`Opposer, Lenovo (Beijing) Limited, is a Chinese company located at Room 201-
`
`H2-6, Floor 2, No. 6 Shangdi West Road, Haidian District, Beijing 100 085, P.R. China.
`
`2.
`
`Opposer
`
`is a multinational
`
`technology company
`
`that designs, develops,
`
`manufactures and sells, among other things, computers, tablet computers, laptops, computer
`
`memories, video monitors, computer displays and other peripheral equipment, servers and data
`
`storage equipment, augmented reality and virtual reality systems, gaming equipment, smart home
`
`devices, mobile telephones, smartphones, wearable smart devices, accessories for use with
`
`mobile phones and smartphones, computer software, and other related goods and services.
`
`

`

`3.
`
`Opposer was formed in China in 1984. At least as early as May 2005, Opposer
`
`adopted and began using the trademark LENOVO in the United States in connection with
`
`computers and related computer peripherals and software. Opposer has used its LENOVO mark
`
`in the United States continuously since that date, and, through extensive sales, advertising, and
`
`promotion, Opposer’s LENOVO mark has come to represent enormous goodwill now owned by
`
`Opposer.
`
`4.
`
`Opposer owns U.S.
`
`trademark registration no. 3,149,377 for
`
`the mark
`
`. The application for registration no. 3,149,377 was filed February 20, 2003,
`
`and the registration issued September 26, 2006. Registration No. 3,149,377 covers many goods
`
`in International Class 9, including computers, computer peripheral equipment, mobile
`
`telephones, consumer electronics, and software for interfacing computers with other electronic
`
`devices.
`
`5.
`
`Registration no. 3,149,377 is valid, subsisting, and in full force and effect and has
`
`become incontestable within the meaning of 15 U.S.C. §§ 1065 and 1115(b).
`
`6.
`
`Opposer owns U.S. trademark registration no. 5,388,737 for the mark LENOVO
`
`in standard characters. The application for registration no. 5,388,737 was filed September 29,
`
`2015, and the registration issued January 30, 2018. Registration No. 5,388,737 covers many
`
`good and services in multiple international classes, including a variety of computer and A/V
`
`goods in International Class 9.
`
`7.
`
`8.
`
`Registration no. 5,388,737 is valid, subsisting, and in full force and effect.
`
`A true and correct copy of a printout from the TSDR database of the United States
`
`Patent and Trademark Office showing the current status and title of the registrations identified in
`
`paragraphs 4–7 is attached hereto as Exhibit A.
`
`
`
`2
`
`

`

`9.
`
`Through extensive use, Opposer has also acquired significant common-law rights
`
`in its LENOVO mark and has used the mark in connection with a variety of goods and services
`
`in the U.S.
`
`10.
`
`On information and belief, Applicant is a company organized under the laws of
`
`China with an address at Room 508, Block B, Tower 1, Shiji Chuncheng Minzhi St., Longhua
`
`New Dist., Shenzhen, China 518000.
`
`11.
`
`On September 26, 2017, Applicant filed the Application to register Applicant’s
`
`Mark (MANOVO) in the USPTO for the following goods in Class 9 (the “Opposed Goods”):
`
`Car video recorders; Ear phones; Global positioning system (GPS) apparatus;
`Headphones; Loudspeakers; Portable media players; Rechargeable batteries;
`Robots for personal or hobby use; Video baby monitors; Virtual reality headsets;
`Wearable activity trackers; Cabinets for loudspeakers.
`
`12.
`
`On information and belief, Opposer’s rights in the LENOVO mark arose prior to
`
`any rights that Applicant may have in Applicant’s Mark.
`
`13.
`
`Applicant’s Mark is similar to Opposer’s LENOVO mark in sight, sound, and
`
`commercial impression.
`
`14.
`
`Applicant seeks to register Applicant’s Mark in connection with goods that are
`
`identical or closely related to the goods and services that Opposer offers under Opposer’s
`
`LENOVO mark or that are within Opposer’s reasonable zone of expansion.
`
`COUNT I
`(Priority and Likelihood of Confusion)
`
`Opposer realleges and incorporates herein by reference the matters alleged in
`
`15.
`
`Paragraphs 1 through 14.
`
`16.
`
`Applicant’s Mark (MANOVO) so resembles Opposer’s prior LENOVO mark in
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`sound, sight, and commercial impression as to be likely, when applied to the Opposed Goods, to
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`cause confusion, mistake, or deception by causing the public to believe that Applicant’s goods
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`3
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`originate from, or are otherwise sponsored or endorsed by, Opposer in violation of Section 2(d)
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`of the Lanham Act, 15 U.S.C. § 1052(d), with consequent damage to Opposer and the public
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`within the meaning of 15 U.S.C. § 1063(a).
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`REQUEST FOR RELIEF
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`17.
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`For the foregoing reasons, among others, Opposer believes it would be damaged
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`by the registration of Applicant’s Mark and respectfully requests that this Opposition be
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`sustained and that registration of Applicant’s Mark be denied.
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`Dated: February 2, 2022
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`Respectfully submitted,
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`/Jeffrey A. Wakolbinger/
`One of the attorneys for Opposer
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`Kristin J. Achterhof
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`Jeffrey A. Wakolbinger
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`Katten Muchin Rosenman LLP
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`525 West Monroe Street
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`Chicago, Illinois 60661
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`(312) 902-5200
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`4
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`Exhibit A
`Exhibit A
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`Generated on: This page was generated by TSDR on 2022-02-02 11:30:34 EST
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`Mark: LENOVO
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`US Serial Number: 78217242
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`US Registration
`Number:
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`3149377
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`Register: Principal
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`Mark Type: Trademark, Service Mark
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`TM5 Common Status
`Descriptor:
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`Application Filing
`Date:
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`Feb. 20, 2003
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`Registration Date: Sep. 26, 2006
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`LIVE/REGISTRATION/Issued and Active
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`The trademark application has been registered with the Office.
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`Status: The registration has been renewed.
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`Status Date: Nov. 12, 2016
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`Publication Date:Mar. 08, 2005Notice of Allowance Date:May 31, 2005
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`Mark Information
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`Mark Literal
`Elements:
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`LENOVO
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`Standard Character
`Claim:
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`No
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`Mark Drawing
`Type:
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`5 - AN ILLUSTRATION DRAWING WITH WORD(S) /LETTER(S)/ NUMBER(S) INSTYLIZED FORM
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`Goods and Services
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`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify a