Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1189824
`02/09/2022
`
`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
`
`Attorney informa-
`tion
`
`FCA US LLC
`
`02/09/2022
`
`1000 CHRYSLER DRIVE CIMS 483-02-19
`AUBURN HILLS, MI 48326
`UNITED STATES
`
`KIMBERLY A. BERGER
`MILLER, CANFIELD, PADDOCK & STONE, PLC
`150 W. JEFFERSON, STE. 2500
`DETROIT, MI 48226
`UNITED STATES
`Primary email: berger@millercanfield.com
`Secondary email(s): tate@millercanfield.com, bruci@millercanfield.com, ipdock-
`et@millercanfield.com
`13134967912
`
`Docket no.
`
`155811-00545
`
`Applicant information
`
`Application no.
`
`90512900
`
`02/09/2022
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`10/12/2021
`
`Opposition period
`ends
`
`02/09/2022
`
`MOVE MOUNTAINS LLC
`UNIT 4-1120
`19266 COASTAL HIGHWAY
`REHOBOTH BEACH, DE 19971
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 035. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Provision of an online marketplace for buy-
`ers and sellers of goods and services; On-line retail store services featuring clothing, household
`goods, cosmetics, and general consumer goods; Computerizedon-line ordering featuring general
`consumer merchandise; Advertising services; Providing an on-line commercial information directory
`on the internet; On-line business directories featuring on-line retailers
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`

`

`Dilution by tarnishment
`
`Trademark Act Sections 2 and 43(c)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`526175
`
`Register
`
`Principal
`
`Registration date
`
`06/13/1950
`
`Application date
`
`02/13/1943
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JEEP
`
`NONE
`
`Class 012. First use: First Use: Nov 20, 1940 First Use In Commerce: Feb 5,
`1943
`AUTOMOBILES AND STRUCTURAL PARTS THEREOF
`
`U.S. registration
`no.
`
`1129553
`
`Register
`
`Principal
`
`Registration date
`
`01/22/1980
`
`Application date
`
`07/24/1978
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JEEP
`
`NONE
`
`Class 016. First use: First Use: Mar 29, 1974 First Use In Commerce: Mar 29,
`1974
`BOOKLETS DEALING WITH AUTOMOBILES; CATALOGS [ ; AND PLAYING
`CARDS ]
`
`U.S. registration
`no.
`
`1130015
`
`Register
`
`Principal
`
`Registration date
`
`01/29/1980
`
`Application date
`
`07/24/1978
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JEEP
`
`NONE
`
`Class 025. First use: First Use: Mar 29, 1974 First Use In Commerce: Mar 29,
`1974
`CLOTHING-NAMELY, [ TROUSERS, ] JACKETS,[BLAZERS,] RAIN WEAR,
`HEAD WEAR, T-SHIRTS, [ SWEAT SUITS, WARM-UP SUITS, ] SWEATERS,
`COATS, GLOVES [, HOODS, ] [ AND SCARVES ]
`
`U.S. registration
`no.
`
`1129828
`
`Register
`
`Principal
`
`Registration date
`
`01/29/1980
`
`Application date
`
`07/25/1978
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JEEP
`
`NONE
`
`Class 008. First use: First Use: Mar 29, 1974 First Use In Commerce: Mar 29,
`1974
`HAND TOOLS AND INSTRUMENTS-NAMELY, KNIVES, [ FORKS, AND
`SPOONS ]
`
`U.S. registration
`no.
`
`1134153
`
`Register
`
`Principal
`
`Registration date
`
`04/29/1980
`
`Application date
`
`07/31/1978
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JEEP
`
`NONE
`
`Class 021. First use: First Use: Mar 29, 1974 First Use In Commerce: Mar 29,
`1974
`SMALL DOMESTIC UTENSILS AND CONTAINERS (NOT OF PRECIOUS
`METALS, OR COATED THEREWITH); [ COMBS AND SPONGES; BRUSHES
`(OTHER THAN PAINT BRUSHES); INSTRUMENTS AND MATERIAL FOR
`CLEANING PURPOSES; ] GLASSWARE [, PORCELAIN AND EARTHEN-
`WARE, NOT INCLUDED IN OTHER CLASSES ]
`
`U.S. registration
`no.
`
`1128972
`
`Register
`
`Principal
`
`Registration date
`
`01/08/1980
`
`Application date
`
`07/31/1978
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JEEP
`
`NONE
`
`Class 014. First use: First Use: Mar 29, 1974 First Use In Commerce: Mar 29,
`1974
`[ PRECIOUS METALS AND THEIR ALLOYS, ] JEWELRY, [ PRECIOUS
`STONES, ] AND HOROLOGICAL INSTRUMENTS
`
`U.S. registration
`no.
`
`1236540
`
`Register
`
`Principal
`
`Registration date
`
`05/03/1983
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`JEEP
`
`NONE
`
`Application date
`
`06/23/1982
`
`Foreign priority
`date
`
`NONE
`
`Goods/services
`
`Class 028. First use: First Use: 1979 First Use In Commerce: 1979
`
`

`

`Toys-Namely, Model Replicas of Land Vehicles
`
`U.S. registration
`no.
`
`1081322
`
`Register
`
`Principal
`
`Registration date
`
`01/03/1978
`
`Application date
`
`05/19/1976
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JEEP
`
`NONE
`
`Class 037. First use: First Use: 1948 First Use In Commerce: 1948
`AUTOMOTIVE VEHICLE REPAIR AND MAINTENANCE SERVICE
`
`U.S. registration
`no.
`
`2061446
`
`Register
`
`Principal
`
`Registration date
`
`05/13/1997
`
`Word mark
`
`Design mark
`
`JEEP WATCHES
`
`Application date
`
`06/25/1996
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 014. First use: First Use: Dec 29, 1994 First Use In Commerce: Apr 1,
`1995
`watches, clocks, and parts therefor
`
`U.S. registration
`no.
`
`2635685
`
`Register
`
`Principal
`
`Application date
`
`07/31/1998
`
`Registration date
`
`10/15/2002
`
`Foreign priority
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`date
`
`JEEP
`
`NONE
`
`Class 022. First use: First Use: Jun 7, 2002 First Use In Commerce: Jun 7, 2002
`tents
`
`U.S. registration
`no.
`
`2729404
`
`Register
`
`Principal
`
`Registration date
`
`06/24/2003
`
`Application date
`
`07/31/1998
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JEEP
`
`NONE
`
`Class 020. First use: First Use: Aug 1, 2002 First Use In Commerce: Aug 1,
`2002
`sleeping bags [ and beds all ] for use when camping
`
`U.S. registration
`no.
`
`2351786
`
`Register
`
`Principal
`
`Registration date
`
`05/23/2000
`
`Word mark
`
`Design mark
`
`JEEP 101
`
`Application date
`
`06/08/1999
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: Apr 3, 1995 First Use In Commerce: Apr 3, 1995
`educational services, namely, conducting seminars and workshops showcasing
`and featuring the history and capabilities of JEEP brand sport utility vehicles for
`sport utility vehicle enthusiasts
`
`U.S. registration
`no.
`
`2355138
`
`Register
`
`Principal
`
`Registration date
`
`06/06/2000
`
`Word mark
`
`CAMP JEEP
`
`Application date
`
`06/08/1999
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: Apr 3, 1995 First Use In Commerce: Sep 8, 1995
`Conducting entertainment exhibitions inthe nature of festivals featuring obstacle
`course instruction, outdoor camping activities, and concerts for owners and en-
`thusiasts of JEEP brand sport utility vehicles
`
`U.S. registration
`no.
`
`2586284
`
`Register
`
`Principal
`
`Registration date
`
`06/25/2002
`
`Word mark
`
`Design mark
`
`JEEP
`
`Application date
`
`06/23/2000
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 012. First use: First Use: Feb 28, 2001 First Use In Commerce: Feb 28,
`2001
`vehicles, namely infant and toddler strollers
`
`U.S. registration
`no.
`
`2461861
`
`Register
`
`Principal
`
`Registration date
`
`06/19/2001
`
`Word mark
`
`Design mark
`
`JEEP
`
`Application date
`
`07/24/2000
`
`Foreign priority
`date
`
`NONE
`
`Description of
`
`NONE
`
`

`

`mark
`
`Goods/services
`
`Class 009. First use: First Use: Jul 7, 1998 First Use In Commerce: Jul 28, 1999
`[ eyeglasses and ] sunglasses
`
`U.S. registration
`no.
`
`2512866
`
`Register
`
`Principal
`
`Registration date
`
`11/27/2001
`
`Word mark
`
`Design mark
`
`JEEP
`
`Application date
`
`01/31/2001
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 021. First use: First Use: Mar 1998 First Use In Commerce: Mar 1998
`HOUSEHOLD CONTAINERS, NAMELY, MUGS AND INSULATED CONTAIN-
`ERS FOR BEVERAGES
`
`U.S. registration
`no.
`
`2681201
`
`Register
`
`Principal
`
`Registration date
`
`01/28/2003
`
`Application date
`
`11/02/2001
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JEEP
`
`NONE
`
`Class 014. First use: First Use: Sep 1995 First Use In Commerce: Sep 1995
`WATCHES, CLOCKS, AND PARTS THEREFOR
`
`U.S. registration
`no.
`
`2700419
`
`Register
`
`Principal
`
`Registration date
`
`03/25/2003
`
`Application date
`
`01/03/2002
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`IT'S A JEEP THING...YOU WOULDN'T UNDERSTAND.
`
`NONE
`
`Goods/services
`
`Class 012. First use: First Use: Jul 11, 2000 First Use In Commerce: Jul 11,
`
`

`

`2000
`[LICENSE PLATE FRAMES]
`Class 016. First use: First Use: Jan 4, 2001 First Use In Commerce: Jan 4, 2001
`BUMPER STICKERS AND WINDSHIELD DECALS
`Class 025. First use: First Use: Jul 9, 2001 First Use In Commerce: Jul 9, 2001
`[TEE SHIRTS]
`
`U.S. registration
`no.
`
`2849309
`
`Register
`
`Principal
`
`Registration date
`
`06/01/2004
`
`Application date
`
`06/13/2002
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JEEP
`
`NONE
`
`Class 025. First use: First Use: Aug 25, 2003 First Use In Commerce: Aug 25,
`2003
`FOOTWEAR, NAMELY, BOOTS
`
`U.S. registration
`no.
`
`3157861
`
`Register
`
`Principal
`
`Registration date
`
`10/17/2006
`
`Word mark
`
`Design mark
`
`JEEP 65
`
`Application date
`
`11/02/2005
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 012. First use: First Use: Jan 31, 2006 First Use In Commerce: Jan 31,
`2006
`[ Automobiles and badges therefor ] * Badges for automobiles *
`
`U.S. registration
`no.
`
`4091155
`
`Register
`
`Principal
`
`Registration date
`
`01/24/2012
`
`Word mark
`
`JEEP
`
`Application date
`
`08/15/2011
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 018. First use: First Use: Sep 1993 First Use In Commerce: Sep 1993
`Backpacks; Luggage
`
`U.S. registration
`no.
`
`4100152
`
`Register
`
`Principal
`
`Registration date
`
`02/14/2012
`
`Word mark
`
`Design mark
`
`JEEP ARCTIC
`
`Application date
`
`02/07/2011
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 012. First use: First Use: Oct 2011 First Use In Commerce: Oct 2011
`[ Motor vehicles, namely, passenger automobiles, their structural parts, trim and
`badges ] * Structural parts, trim andbadges for motor vehicles, namely, passen-
`ger automobiles *
`
`U.S. registration
`no.
`
`5254059
`
`Register
`
`Principal
`
`Registration date
`
`08/01/2017
`
`Word mark
`
`J IS FOR JEEP
`
`Application date
`
`06/06/2016
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Nov 2015 First Use In Commerce: Nov 2015
`Clothing, namely, shirts, t-shirts, pants and jackets for toddlers and boys
`
`U.S. registration
`no.
`
`5633062
`
`Register
`
`Principal
`
`Registration date
`
`12/18/2018
`
`Word mark
`
`Design mark
`
`JEEP SPIRIT
`
`Application date
`
`07/17/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Apr 2015 First Use In Commerce: Apr 2015
`T-shirts
`
`U.S. registration
`no.
`
`5848967
`
`Register
`
`Principal
`
`Registration date
`
`09/03/2019
`
`Word mark
`
`JEEP WAVE
`
`Application date
`
`09/26/2018
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Nov 2015 First Use In Commerce: Nov 2015
`Administration of a customer loyalty program which provides vehicle owner sup-
`port, vehicle maintenance, access to events and contests, merchandise dis-
`counts, vehicle rental and trip interruption coverage to customers after the pur-
`chase of an authorized motor vehicle
`
`U.S. registration
`no.
`
`5848968
`
`Register
`
`Principal
`
`Registration date
`
`09/03/2019
`
`Word mark
`
`Design mark
`
`JEEP WAVE EQUIPPED
`
`Application date
`
`09/26/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Attachments
`
`NONE
`
`Class 035. First use: First Use: Nov 2015 First Use In Commerce: Nov 2015
`Administration of a customer loyalty program which provides vehicle owner sup-
`port, vehicle maintenance, access to events and contests, merchandise dis-
`counts, vehicle rental and trip interruption coverage to customers after the pur-
`chase of an authorized motor vehicle
`
`75125097#TMSN.png( bytes )
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`
`

`

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`88132536#TMSN.png( bytes )
`GeepusNOO.pdf(284281 bytes )
`
`Signature
`
`/Kimberly A. Berger/
`
`Name
`
`Date
`
`Kimberly A. Berger
`
`02/09/2022
`
`

`

`
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`FCA US LLC,
`
`
`
`Opposer,
`
`v.
`
`Move Mountains, LLC,
`
`Applicant.
`
`Opposition No. ________________
`
`Serial No.: 90/512,900 (TM: GEEPUS)
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`Opposer, FCA US LLC, formerly Chrysler Group LLC (“Opposer”), a Delaware limited liability
`
`company, with a principal place of business at 1000 Chrysler Drive in Auburn Hills, Michigan 48236,
`
`believes that it will be damaged by the registration of the trademark shown in United States Trademark
`
`Application Serial No. 88/152,436 in the name of Move Mountains, LLC, a Delaware limited liability
`
`company with an address of Unit 4-1120, 19266 Coastal Highway, Rehoboth Beach, Delaware 19971,
`
`and therefore, opposes registration of this trademark under the provisions of Section 13 of the
`
`Trademark Act of 1946, 15 U.S.C. § 1063, and Rule 2.101 of the Trademark Rules of Practice, 37
`
`MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
`
`
`
`
`
`C.F.R. § 2.101.
`
`
`
`
`
`As grounds for this opposition, Opposer alleges the following:
`
`1.
`
`Opposer is the owner of numerous U.S. Registrations for the JEEP® trademark which are
`
`valid, subsisting and incontestable including, but not limited to, U.S. Registration No. 526,175 for
`
`“JEEP”, registered on the Principal Register on June 13, 1950, in Class 12 for “automobiles and
`
`structural parts thereof”; U.S. Registration No. 1,081,322 for “JEEP”, registered on the Principal
`
`Register on January 3, 1978, in Class 37 for “automobile vehicle repair and maintenance service”; U.S.
`
`
`
`
`
`
`38682232.1/155811.00545
`
`
`
`
`
`
`
`

`

`Registration No. 1,130,015 for “JEEP”, registered on the Principal Register on January 29, 1980, in
`
`Class 25 for “clothing, namely, trousers, jackets, rain wear, head wear, t-shirts, sweat suits, warm-up
`
`suits, sweaters, coats, gloves and scarves”; U.S. Registration No. 2,729,404 for “JEEP”, registered on
`
`the Principal Register on June 24, 2003, in Class 20 for “sleeping bags for use when camping”; U.S.
`
`Registration No. 4,091,155 for “JEEP”, registered on the Principal Register on January 24, 2012, in
`
`Class 18 for “backpacks; luggage”; U.S. Registration No. 2,849,309 for “JEEP”, registered on the
`
`Principal Register on June 1, 2004, in Class 25 for “footwear, namely, boots”; U.S. Registration No.
`
`2,586,284 for “JEEP”, registered on the Principal Register on June 25, 2002, in Class 12 for “vehicles,
`
`namely infant and toddler strollers”; U.S. Registration No. 1,129,828 for “JEEP”, registered on the
`
`Principal Register on January 29, 1980, in Class 8 for “hand tools and instruments, namely, knives”;
`
`U.S. Registration No. 1,134,153 for “JEEP”, registered on the Principal Register on April 29, 1980, in
`
`Class 21 for “small domestic utensils and containers (not or precious metals, or coated therewith),
`
`glassware”; U.S. Registration No. 2,512,866 for “JEEP”, registered on the Principal Register on
`
`November 27, 2001, in Class 21 for “household containers, namely, mugs and insulated containers for
`
`beverages”; and U.S. Registration Nos. 5,848,967 for “JEEP WAVE” and 5,848,968 for “JEEP WAVE
`
`EQUIPPED” & design, registered on the Principal Register on September 3, 2019, in Class 35 for
`
`“administration of a customer loyalty program which provides vehicle owner support, vehicle
`
`maintenance, access to events and contests, merchandise discounts, vehicle rental and trip interruption
`
`coverage to customers after the purchase of an authorized motor vehicle” (the “JEEP® registrations”).
`
`
`
`2.
`
`In addition to the goods identified above, Opposer’s JEEP® brand trademark
`
`registrations cover numerous consumer goods including, but not limited to, combs, sponges, cleaning
`
`instruments, jewelry, toys, watches, clocks, tents, eyeglasses, sunglasses, stickers, decals, flashlights and
`
`blankets. Opposer has also used the JEEP® trademark on numerous other products including, but not
`
`limited to, notebooks, journals, calendars, art prints, posters, pens, messenger bags, key chains, video
`
`
`
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`MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
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`games, golf balls, coasters, cell phone covers, go-carts, bicycles and flower arrangements (along with
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`the JEEP® registrations, the “JEEP® brand trademarks”).
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`3.
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`Opposer has used its JEEP® trademark in connection with “automobiles and structural
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`parts thereof” in Class 12 continuously for over 75 years.
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`4.
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`Opposer has used its JEEP® trademark in connection with “automobile vehicle repair
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`and maintenance service” in Class 37 continuously since at least as early as 1978.
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`5.
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`Opposer has used its JEEP® trademark in connection with “clothing, namely, trousers,
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`jackets, rain wear, head wear, t-shirts, sweat suits, warm-up suits, sweaters, coats, gloves and scarves” in
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`Class 25 continuously since at least as early as 1974.
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`6.
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`Opposer has used its JEEP® trademark in connection with “small domestic utensils and
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`containers (not or precious metals, or coated therewith); glassware” in Class 21 continuously since at
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`least as early as 1974.
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`7.
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`Opposer has used its JEEP® trademark in connection with “hand tools and instruments,
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`namely, knives” in Class 8, and with “small domestic utensils and containers (not or precious metals, or
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`coated therewith), glassware” in Class 21, continuously since at least as early as 1974.
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`8.
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`Opposer has used its JEEP® trademark in connection with “household containers,
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`namely, mugs and insulated containers for beverages” in Class 21 continuously since at least as early as
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`1998.
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`9.
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`Opposer has used its JEEP® trademark in connection with “backpacks; luggage” in Class
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`18 continuously since at least as early as 1993.
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`10.
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`Opposer has used its JEEP® trademark in connection with “sleeping bags for use when
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`camping” in Class 20 continuously since at least as early as 2002.
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`11.
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`Opposer has used its JEEP® trademark in connection with “footwear, namely, boots” in
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`Class 25 continuously since at least as early as 2003.
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`MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
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`12.
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`Opposer has used its JEEP® trademark in connection with “vehicles, namely infant and
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`toddler strollers” in Class 12 continuously since at least as early as 2001.
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`13.
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`Opposer has used its JEEP WAVE® and JEEP WAVE EQUIPPED & design trademarks
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`in connection with “administration of a customer loyalty program which provides vehicle owner
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`support, vehicle maintenance, access to events and contests, merchandise discounts, vehicle rental and
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`trip interruption coverage to customers after the purchase of an authorized motor vehicle” in Class 35
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`continuously since at least as early as 2015.
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`14.
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`Opposer sells millions of automotive vehicles throughout the world. Opposer’s JEEP®
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`brand vehicles have been sold and advertised in the United States for decades and Opposer has spent
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`millions of dollars on the marketing and advertisement of those vehicles. As a result, Opposer has built
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`up valuable goodwill in the JEEP® brand trademarks, the JEEP® brand trademarks have become a
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`symbol of Opposer and an indicator of the source of Opposer’s goods and services, and the JEEP®
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`brand trademarks have become famous in the United States.
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`15.
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`On February 5, 2021, Applicant filed an application for registration of the mark
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`“GEEPUS”, U.S. Serial No 90/512,900 in Class 35 for “Provision of an online marketplace for buyers
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`and sellers of goods and services; On-line retail store services featuring clothing, household goods,
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`cosmetics, and general consumer goods; Computerized on-line ordering featuring general consumer
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`merchandise; Advertising services; Providing an on-line commercial information directory on the
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`internet; On-line business directories featuring on-line retailers” on an intent-to-use basis.
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`16.
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`The “GEEP” portion of the mark “GEEPUS” is the phonetic equivalent of the JEEP®
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`trademark. The pronunciation of Applicant’s mark is “Jeep-us.” It therefore appears that Applicant’s
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`“GEEPUS” mark seeks to replicate the appearance, sound and commercial impression of the JEEP®
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`trademark, and therefore trade on the goodwill of the JEEP® brand trademarks.
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`17.
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`Applicant’s “GEEPUS” mark so resembles Opposer’s JEEP® brand trademarks so as to
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`MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
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`be likely, when applied to Applicant’s goods, to cause a likelihood of confusion or to mistake or deceive
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`purchasers as to the source of Applicant’s goods, because of Opposer’s prior use and registration of the
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`famous JEEP® brand trademarks in connection with the sale of the same or similar goods and services
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`as those sold by Applicant under its mark.
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`18.
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`Opposer will be damaged by the registration of Applicant’s mark in view of the
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`likelihood of confusion such registration will cause as to the source of Opposer’s and Applicant’s
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`respective goods and services.
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`19.
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`Opposer will also be damaged by the registration of Applicant’s mark because
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`Applicant’s mark will dilute the distinctive quality of Opposer’s famous JEEP® brand trademarks.
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`WHEREFORE, it is respectfully requested that the opposition be sustained and registration of
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`Application Serial No. 90/512,900 be refused registration.
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`Respectfully submitted,
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`MILLER, CANFIELD, PADDOCK
`AND STONE, P.L.C.
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`MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
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`Dated: February 9, 2022
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`By: /Kimberly A. Berger/
`Kimberly A. Berger
`Member, State Bar of Michigan (P56165)
`Attorneys for Opposer
`150 W. Jefferson, Suite 2500
`Detroit, MI 48226
`Phone: (313) 496-7912
`Facsimile: (313) 496-8454
`berger@millercanfield.com
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