Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1208435
`05/11/2022
`
`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
`
`New Era Cap, LLC
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`05/18/2022
`
`160 DELAWARE AVENUE
`BUFFALO, NY 14202
`UNITED STATES
`
`MICHAEL J. BERCHOU
`HARTER SECREST & EMERY LLP
`50 FOUNTAIN PLZ SUITE 1000
`BUFFALO, NY 14202
`UNITED STATES
`Primary email: mberchou@hselaw.com
`Secondary email(s): trademark@hselaw.com
`7168443753
`
`Docket no.
`
`101437.335
`
`Applicant information
`
`Application no.
`
`90662917
`
`05/11/2022
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`01/18/2022
`
`Opposition period
`ends
`
`05/18/2022
`
`Zhangjiagang Aodongfaner Knitting Co.,Ltd.
`NO.6 MIAO'ER RD,MIAOQIAO,TANGQIAO TOWN
`ZHANGJIAGANG CITY, SUZHOU CITY
`JIANGSU PROVINCE, 215600
`CHINA
`
`Goods/services affected by opposition
`
`Class 025. First Use: Mar 15, 2021 First Use In Commerce: Mar 15, 2021
`All goods and services in the class are opposed, namely: Balaclavas; Beanies; Berets; Bonnets;
`Camisoles; Capes; Gloves; Mittens; Scarfs; Shorts; Sweaters; Ankle socks; Cap peaks; Dressing
`gowns and bath robes; Ear muffs; Fingerless gloves; Fur hats; Head scarves; Infinity scarves; Knitted
`caps;Knitted gloves; Knitted underwear; Leg warmers; Mittens modified to cover the hand and an an-
`imal leash handle or other loop; Neck scarves; Pashmina shawls; Short-sleeved or long-sleeved t-
`shirts; Socks and stockings; Sports caps and hats; Yoga tops; Clothing, namely, neck tubes
`
`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.
`
`2017209
`
`Register
`
`Principal
`
`Registration date
`
`11/19/1996
`
`Word mark
`
`Design mark
`
`NEW ERA
`
`Application date
`
`07/31/1995
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: 1961 First Use In Commerce: 1961
`athletic caps
`
`U.S. registration
`no.
`
`2031348
`
`Register
`
`Principal
`
`Registration date
`
`01/21/1997
`
`Word mark
`
`Design mark
`
`NEW ERA
`
`Application date
`
`10/25/1993
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`NONE
`
`

`

`Goods/services
`
`Class 025. First use: First Use: 1952 First Use In Commerce: 1952
`athletic caps
`
`U.S. registration
`no.
`
`2434957
`
`Register
`
`Principal
`
`Registration date
`
`03/13/2001
`
`Word mark
`
`Design mark
`
`NEW ERA
`
`Application date
`
`12/01/1999
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Dec 1996 First Use In Commerce: Dec 1996
`athletic caps
`
`U.S. registration
`no.
`
`2550756
`
`Register
`
`Principal
`
`Registration date
`
`03/19/2002
`
`Word mark
`
`Design mark
`
`NEW ERA CAP
`
`Application date
`
`12/11/1999
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Apr 4, 2000 First Use In Commerce: Apr 4, 2000
`on-line retail store services featuringathletic caps
`
`U.S. registration
`no.
`
`2584973
`
`Register
`
`Principal
`
`Registration date
`
`06/25/2002
`
`Application date
`
`03/29/2001
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`NEW ERA
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Dec 1952 First Use In Commerce: Dec 1952
`athletic caps
`
`U.S. registration
`no.
`
`3595192
`
`Register
`
`Principal
`
`Registration date
`
`03/24/2009
`
`Word mark
`
`Design mark
`
`NEW ERA FITS
`
`Application date
`
`12/06/2004
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Sep 2004 First Use In Commerce: Sep 2004
`athletic caps
`
`U.S. registration
`no.
`
`3744971
`
`Register
`
`Principal
`
`Registration date
`
`02/02/2010
`
`Word mark
`
`NE
`
`Application date
`
`10/13/2005
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 006. First use: First Use: Jan 1, 2009 First Use In Commerce: Jan 1, 2009
`metal money clips
`Class 014. First use: First Use: Dec 2, 2002 First Use In Commerce: Dec 2,
`2002
`jewelry; watches
`Class 018. First use: First Use: Dec 31, 2007 First Use In Commerce: Dec 31,
`2007
`luggage, handbags, backpacks and wallets
`Class 025. First use: First Use: Jun 16, 2003 First Use In Commerce: Jun 16,
`2003
`Clothing for men, women and children, namely, t-shirts, sweatshirts, pants,
`shorts, jeans, shirts, belts; outerwear, namely, baseball jackets, coats
`
`U.S. registration
`no.
`
`3759352
`
`Register
`
`Principal
`
`Registration date
`
`03/09/2010
`
`Word mark
`
`Design mark
`
`NEW ERA
`
`Application date
`
`09/29/2005
`
`Foreign priority
`date
`
`NONE
`
`

`

`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 006. First use: First Use: Jan 1, 2009 First Use In Commerce: Jan 1, 2009
`metal money clips
`Class 009. First use: First Use: Dec 31, 2005 First Use In Commerce: Dec 31,
`2005
`sunglasses
`Class 018. First use: First Use: Dec 31, 2007 First Use In Commerce: Dec 31,
`2007
`Luggage, handbags, backpacks, and wallets
`Class 025. First use: First Use: Jun 16, 2003 First Use In Commerce: Jun 16,
`2003
`Clothing for men, women and children, namely, t-shirts, sweatshirts, sweatsuits;
`outerwear, namely, baseball jackets, coats, pants, shorts, jeans, shirts
`
`U.S. registration
`no.
`
`3811674
`
`Register
`
`Principal
`
`Registration date
`
`06/29/2010
`
`Word mark
`
`Design mark
`
`NE NEW ERA
`
`Application date
`
`12/11/2008
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the letters "NE" in the shape of a flag next to the words
`"NEW ERA".
`
`Class 025. First use: First Use: Nov 30, 2004 First Use In Commerce: Nov 30,
`2004
`Headwear, athletic apparel, namely, hats and caps, baseball caps and hats
`
`U.S. registration
`no.
`
`4166506
`
`Register
`
`Principal
`
`Registration date
`
`07/03/2012
`
`Word mark
`
`NE NEW ERA
`
`Application date
`
`12/30/2010
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a circle with a series of horizontal lines in the center below
`the letters "NE" stylized in the form of a flag next to the words "NEW ERA", with
`the "NE" design and "NEW ERA" inside of a divided rectangular background.
`
`Class 025. First use: First Use: Feb 2005 First Use In Commerce: Feb 2005
`Headwear
`
`U.S. registration
`no.
`
`4183968
`
`Register
`
`Principal
`
`Registration date
`
`07/31/2012
`
`Word mark
`
`NE NEW ERA
`
`Application date
`
`12/30/2010
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a circle with a series of horizontal lines in the center below
`the letters "NE" stylized in the form of a flag next to the words "NEW ERA", with
`the "NE" design and "NEW ERA" inside of a divided rectangular background.
`
`Class 025. First use: First Use: Nov 1, 2009 First Use In Commerce: Nov 1,
`2009
`Clothing, namely, t-shirts, sweatshirts, hooded sweatshirts and jackets
`
`U.S. registration
`no.
`
`4258770
`
`Register
`
`Principal
`
`Registration date
`
`12/11/2012
`
`Word mark
`
`Design mark
`
`NEW ERA BY YOU
`
`Application date
`
`09/14/2011
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Nov 18, 2011 First Use In Commerce: Nov 18,
`2011
`Headwear
`Class 035. First use: First Use: Nov 18, 2011 First Use In Commerce: Nov 18,
`2011
`Retail store services and on-line retail store services featuring apparel and
`
`

`

`headwear, footwear, footwear accessories,eyewear and accessories, watches,
`sporting goods and equipment, electronic equipment and hardware, bags and
`luggage of all kinds, umbrellas, accessories made of metal, leather and imitation
`leather, sports and fitness products and accessories, promotional products,
`products related to charitable events
`
`U.S. registration
`no.
`
`4380794
`
`Register
`
`Principal
`
`Registration date
`
`08/06/2013
`
`Word mark
`
`Design mark
`
`DRYERA
`
`Application date
`
`12/21/2011
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: May 1, 2012 First Use In Commerce: May 1,
`2012
`Headwear, hats, caps, knit hats, and baseball caps
`
`U.S. registration
`no.
`
`4380795
`
`Register
`
`Principal
`
`Registration date
`
`08/06/2013
`
`Word mark
`
`Design mark
`
`COOLERA
`
`Application date
`
`12/21/2011
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: May 1, 2012 First Use In Commerce: May 1,
`2012
`Headwear, hats, caps, knit hats and baseball caps
`
`U.S. registration
`
`4380796
`
`Application date
`
`12/21/2011
`
`

`

`no.
`
`Register
`
`Principal
`
`Registration date
`
`08/06/2013
`
`Word mark
`
`Design mark
`
`SOLARERA
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: May 1, 2012 First Use In Commerce: May 1,
`2012
`Headwear, hats, caps, knit hats and baseball caps
`
`U.S. registration
`no.
`
`4380816
`
`Register
`
`Principal
`
`Registration date
`
`08/06/2013
`
`Word mark
`
`Design mark
`
`WINTERERA
`
`Application date
`
`01/12/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Jan 7, 2013 First Use In Commerce: Jan 7, 2013
`Headwear, hats, caps, knit hats and baseball caps
`
`U.S. registration
`no.
`
`4396437
`
`Register
`
`Principal
`
`Registration date
`
`09/03/2013
`
`Word mark
`
`NEW ERA
`
`Application date
`
`11/05/2009
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Sep 2007 First Use In Commerce: Sep 2007
`Footwear for men, women and children
`
`U.S. registration
`no.
`
`4456418
`
`Register
`
`Principal
`
`Registration date
`
`12/24/2013
`
`Word mark
`
`Design mark
`
`DIAMOND ERA
`
`Application date
`
`11/20/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Jan 7, 2013 First Use In Commerce: Jan 7, 2013
`Headwear, hats, caps and baseball caps
`
`U.S. registration
`no.
`
`4633210
`
`Register
`
`Principal
`
`Registration date
`
`11/04/2014
`
`Word mark
`
`MICROERA
`
`Application date
`
`04/02/2013
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Jan 1, 2014 First Use In Commerce: Jan 1, 2014
`Headwear, hats, caps, knit hats, and baseball caps
`
`U.S. registration
`no.
`
`4878241
`
`Register
`
`Principal
`
`Registration date
`
`12/29/2015
`
`Word mark
`
`Design mark
`
`ZONE ERA
`
`Application date
`
`07/09/2014
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Sep 1, 2014 First Use In Commerce: Sep 1,
`2014
`Headwear, hats, caps, knit hats, baseball caps
`
`U.S. registration
`no.
`
`4895863
`
`Register
`
`Principal
`
`Registration date
`
`02/02/2016
`
`Word mark
`
`NE NEW ERA
`
`Application date
`
`08/06/2015
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the letters "N" and "E" stylized in the form of a flag adja-
`cent to the words "NEW ERA", with the "NE" design and "NEW ERA" inside of a
`divided rectangular background.
`
`Class 018. First use: First Use: Jan 2008 First Use In Commerce: Jan 2008
`All purpose sport bags; all-purpose athletic bags; all-purpose carrying bags;
`backpacks; rucksacks; bags for sports; carry-all bags; duffle bags; handbags;
`knapsacks; leather and imitation leather bags; luggage; sports packs; wallets
`
`U.S. registration
`no.
`
`5228279
`
`Register
`
`Principal
`
`Registration date
`
`06/20/2017
`
`Word mark
`
`Design mark
`
`NEW ERA
`
`Application date
`
`01/31/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Jan 1, 2006 First Use In Commerce: Jan 1, 2006
`On-line retail store services featuringapparel and headwear, footwear, footwear
`accessories, eyewear and accessories, watches, sporting goods and equipment,
`electronic equipment and hardware, bags and luggage of all kinds, umbrellas,
`accessories made of metal, leather and imitation leather, sports and fitness
`products and accessories, promotional products,products related to charitable
`events; Retail store services featuring apparel and headwear, footwear, foot-
`wear accessories, eyewear and accessories, watches, sporting goods and
`equipment, electronicequipment and hardware, bags and luggage of all kinds,
`umbrellas, accessories made of metal, leather and imitation leather, sports and
`fitness products and accessories, promotional products, productsrelated to char-
`itable events
`
`U.S. registration
`
`5228280
`
`Application date
`
`01/31/2017
`
`

`

`no.
`
`Register
`
`Principal
`
`Registration date
`
`06/20/2017
`
`Word mark
`
`Design mark
`
`NE NEW ERA
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the letters "N" and "E" stylized in the form of a flag adja-
`cent to the words "NEW ERA", with the "NE" design and "NEW ERA" inside of a
`divided rectangular background.
`
`Class 035. First use: First Use: Jan 1, 2006 First Use In Commerce: Jan 1, 2006
`On-line retail store services featuringapparel and headwear, footwear, footwear
`accessories, eyewear and accessories, watches, sporting goods and equipment,
`electronic equipment and hardware, bags and luggage of all kinds, umbrellas,
`accessories made of metal, leather and imitation leather, sports and fitness
`products and accessories, promotional products,products related to charitable
`events; Retail store services featuring apparel and headwear, footwear, foot-
`wear accessories, eyewear and accessories, watches, sporting goods and
`equipment, electronicequipment and hardware, bags and luggage of all kinds,
`umbrellas, accessories made of metal, leather and imitation leather, sports and
`fitness products and accessories, promotional products, productsrelated to char-
`itable events
`
`U.S. registration
`no.
`
`5448757
`
`Register
`
`Principal
`
`Registration date
`
`04/17/2018
`
`Word mark
`
`Design mark
`
`MY ERA
`
`Application date
`
`07/09/2014
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`NONE
`
`

`

`Goods/services
`
`Class 025. First use: First Use: Jan 25, 2018 First Use In Commerce: Jan 25,
`2018
`Headwear, hats, caps, knit hats, baseball caps
`
`U.S. registration
`no.
`
`5453457
`
`Register
`
`Principal
`
`Registration date
`
`04/24/2018
`
`Word mark
`
`Design mark
`
`NEW ERA
`
`Application date
`
`09/28/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 043. First use: First Use: Dec 1, 2006 First Use In Commerce: Dec 1,
`2006
`Arena services, namely, providing general purpose facilities for sports, concerts,
`conventions and exhibitions; Catering services; Providing a website featuring in-
`formation in the field of hotels andtemporary accommodations for travel-
`ers;Restaurant and bar services
`
`U.S. registration
`no.
`
`5521208
`
`Register
`
`Principal
`
`Registration date
`
`07/17/2018
`
`Word mark
`
`Design mark
`
`MY ERA
`
`Application date
`
`10/16/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Jan 25, 2018 First Use In Commerce: Jan 25,
`2018
`Headwear, namely, hats, caps, knit hatsand baseball caps; tops as clothing; bot-
`toms as clothing; t-shirts; sweatshirts; pants; shirts; outerwear, namely, baseball
`
`

`

`jackets, jackets and coats; footwear
`
`U.S. registration
`no.
`
`5748178
`
`Register
`
`Principal
`
`Registration date
`
`05/14/2019
`
`Word mark
`
`Design mark
`
`NE NEW ERA
`
`Application date
`
`06/16/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of letters "N" and "E" stylized in the form of a flag adjacent to
`the words "NEW ERA", with the "NE" design and "NEW ERA" inside of a di-
`videdrectangular background.
`
`Class 003. First use: First Use: Dec 12, 2008 First Use In Commerce: Dec 12,
`2008
`Waterproofing sprays for baseball caps and sneakers, excluding for sale
`throughgrocery stores/supermarkets, mass market retailers, convenience stores
`and wholesale clubs
`
`U.S. registration
`no.
`
`5748177
`
`Register
`
`Principal
`
`Registration date
`
`05/14/2019
`
`Word mark
`
`Design mark
`
`NEW ERA
`
`Application date
`
`06/16/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 003. First use: First Use: Dec 12, 2008 First Use In Commerce: Dec 12,
`2008
`Waterproofing sprays for baseball caps and sneakers, excluding for sale
`
`

`

`throughgrocery stores/supermarkets, mass market retailers, convenience stores
`and wholesale clubs
`
`U.S. registration
`no.
`
`5888050
`
`Register
`
`Principal
`
`Registration date
`
`10/22/2019
`
`Word mark
`
`Design mark
`
`NEW ERA
`
`Application date
`
`01/24/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 036. First use: First Use: 1978 First Use In Commerce: 1978
`Financial sponsorship of sporting events, tournaments, competitions and con-
`tests
`Class 041. First use: First Use: Sep 15, 2010 First Use In Commerce: Sep 15,
`2010
`Entertainment information; entertainment services in the nature of hosting social
`entertainment events; entertainment in the nature of football, baseball, basket-
`ball, soccer, tennis, golf, hockey, lacrosse and rugby games, and auto ra-
`cing,BMX biking, motocross racing, surfing, skiing and snowboarding competi-
`tions; Entertainment, namely, live music concerts; entertainment services in the
`nature of professional athletes competing in football, baseball, basketball, soc-
`cer, tennis, golf, hockey, lacrosse and rugby games, professional athletes com-
`peting in auto racing, BMX biking, motocross racing, surfing, skiing and snow-
`boarding; organizing and operating sporting events, tournaments, competitions
`and contests, namely, football, baseball, basketball, soccer, tennis, golf, hockey,
`lacrosse and rugby games, and auto racing, BMX biking, motocross racing, surf-
`ing, skiing and snowboarding competitions; conducting guided company tours of
`a historic building; entertainment services, namely, providing an online interact-
`ive database ofphotos and videos for fans in the fields of sports, fashion, cloth-
`ing, culture,celebrities, entertainment, trends, lifestyle, popular culture, current
`events,and topics of general interest; providing a website featuring entertain-
`ment information in the fields of sports, sporting events, fashion, clothing, cul-
`ture, celebrities, entertainment, trends, lifestyle, popular culture, current events,
`and topics of general interest
`
`U.S. registration
`no.
`
`5888051
`
`Register
`
`Principal
`
`Registration date
`
`10/22/2019
`
`Word mark
`
`NE NEW ERA
`
`Application date
`
`01/24/2018
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the letters "N" and "E" stylized in the form of a flag adja-
`cent to the words "NEW ERA", with the "NE" design and "NEW ERA" inside of a
`divided rectangular background.
`
`Class 036. First use: First Use: Apr 2005 First Use In Commerce: Apr 2005
`Financial sponsorship of sporting events, tournaments, competitions and con-
`tests
`Class 041. First use: First Use: Sep 15, 2010 First Use In Commerce: Sep 15,
`2010
`Entertainment information; entertainment services in the nature of hosting social
`entertainment events; entertainment in the nature of football, baseball, basket-
`ball, soccer, tennis, golf, hockey, lacrosse and rugby games, and auto ra-
`cing,BMX biking, motocross racing, surfing, skiing and snowboarding competi-
`tions; Entertainment, namely, live music concerts; entertainment services in the
`nature of professional athletes competing in football, baseball, basketball, soc-
`cer, tennis, golf, hockey, lacrosse and rugby games, professional athletes com-
`peting in auto racing, BMX biking, motocross racing, surfing, skiing and snow-
`boarding; organizing and operating sporting events, tournaments, competitions
`and contests, namely, football, baseball, basketball, soccer, tennis, golf, hockey,
`lacrosse and rugby games, and auto racing, BMX biking, motocross racing, surf-
`ing, skiing and snowboarding competitions; conducting guided company tours of
`a historic building; entertainment services, namely, providing an online interact-
`ive database ofphotos and videos for fans in the fields of sports, fashion, cloth-
`ing, culture,celebrities, entertainment, trends, lifestyle, popular culture, current
`events,and topics of general interest; providing a website featuring entertain-
`ment information in the fields of sports, sporting events, fashion, clothing, cul-
`ture, celebrities, entertainment, trends, lifestyle, popular culture, current events,
`and topics of general interest
`
`U.S. registration
`no.
`
`6289816
`
`Register
`
`Principal
`
`Registration date
`
`03/09/2021
`
`Word mark
`
`NEW ERA
`
`Application date
`
`06/04/2018
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: 1952 First Use In Commerce: 1952
`Aprons; Baseball caps; Belts; Caps withvisors; Coats; Footwear; Gloves; Hats;
`Headwear; Jackets; Jeans; Jerseys; Pants; Pullovers; Shirts; Shorts; Socks;
`Sweatshirts; Sweatsuits; Undergarments; Underwear; Clothing, namely, base
`layers; Hooded sweatshirts; Sports jerseys; T-shirts
`
`U.S. registration
`no.
`
`6373249
`
`Register
`
`Principal
`
`Registration date
`
`06/01/2021
`
`Word mark
`
`Design mark
`
`NEW ERA
`
`Application date
`
`09/13/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Dec 31, 2005 First Use In Commerce: Dec 31,
`2005
`Eyewear; Eyewear cases; Cell phone cases; Ski and Snow goggles; USB hard-
`ware; USB chargers and adapters; pedometers; audio speakers; headphones
`
`U.S. registration
`no.
`
`6428646
`
`Register
`
`Principal
`
`Registration date
`
`07/20/2021
`
`Word mark
`
`NE NEW ERA
`
`Application date
`
`06/04/2018
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the letters "NE" stylized in the form of a flag next to the
`words "NEW ERA", with the "NE" design and "NEW ERA" inside of a divided
`rectangular background.
`
`Class 025. First use: First Use: Nov 30, 2004 First Use In Commerce: Nov 30,
`2004
`Aprons; Baseball caps; Belts; Caps withvisors; Coats; Footwear; Gloves; Hats;
`Headwear; Jackets; Jeans; Jerseys; Pants; Pullovers; Shirts; Shorts; Socks;
`Sweatshirts; Sweatsuits; Undergarments; Underwear; Clothing, namely, base
`layers; Hooded sweatshirts; Sports jerseys; T-shirts
`
`U.S. application
`no.
`
`88279248
`
`Application date
`
`01/28/2019
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`NEW ERA
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Attachments
`
`The mark consists of the terms "NEW ERA" in a script font.
`
`Class 025. First use: First Use: 1952 First Use In Commerce: 1952
`Baseball caps; Caps with visors; Coats;Hats; Headwear; Jackets; Jerseys;
`Pullovers; Scarves; Shirts; Socks; Sweatshirts; Hooded sweatshirts; T-shirts
`
`74707965#TMSN.png( bytes )
`74450431#TMSN.png( bytes )
`75859769#TMSN.png( bytes )
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`77631360#TMSN.png( bytes )
`85208111#TMSN.png( bytes )
`
`

`

`85208122#TMSN.png( bytes )
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`86332519#TMSN.png( bytes )
`87626810#TMSN.png( bytes )
`87646637#TMSN.png( bytes )
`87493015#TMSN.png( bytes )
`87492999#TMSN.png( bytes )
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`87769327#TMSN.png( bytes )
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`87948125#TMSN.png( bytes )
`88279248#TMSN.png( bytes )
`FANER ERA NOO.pdf(142797 bytes )
`
`Signature
`
`/Michael J. Berchou/
`
`Name
`
`Date
`
`MICHAEL J. BERCHOU
`
`05/11/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`NEW ERA CAP, LLC,
`
`Opposer,
`
`vs.
`
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
` :
` :
` :
` :
` :
`:
` :
` :
` :
` :
`:
` :
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
`
`ZHANGJIAGANG AODONGFANER
`KNITTING CO., LTD.
`
`Applicant.
`
`
`
`Opposition No. _________________
`
`Application Serial No. 90/662,917
`
`Mark: FANER ERA
`
`NOTICE OF OPPOSITION
`
`New Era Cap, LLC (“Opposer”) believes it will be damaged by registration of the above-
`
`identified mark (“Applicant’s Mark”), applied for on the Principal Register by Zhangjiagang
`
`Aodongfaner Knitting Co.,Ltd. (“Applicant”), and hereby opposes registration of same.
`
`The grounds for the opposition are as follows:
`
`1.
`
`Opposer is a Delaware limited liability company with its principal place of
`
`business at 160 Delaware Avenue, Buffalo, New York 14202.
`
`2.
`
`Upon information and belief, Applicant is a Chinese limited company with an
`
`address at NO.6 Miao'er Rd,Miaoqiao, Tangqiao Town, Zhangjiagang City, Suzhou City,
`
`Jiangsu Province CHINA 215600.
`
`3.
`
`Commencing long before the filing date of Applicant’s application, Opposer has
`
`been using, is now using, and has not abandoned, the mark NEW ERA in connection with,
`
`among other things, hats, caps, athletic caps, clothing for men, women and children, namely, t-
`
`shirts, sweatshirts, sweatsuits, outerwear, baseball jackets, coats, pants, shorts, footwear,
`
`

`

`backpacks, handbags, luggage, and wallets; On-line retail store services featuring apparel and
`
`headwear, footwear, footwear accessories, eyewear and accessories, watches, sporting goods and
`
`equipment, electronic equipment and hardware, bags and luggage of all kinds, umbrellas,
`
`accessories made of metal, leather and imitation leather, sports and fitness products and
`
`accessories, promotional products, products related to charitable events; Retail store services
`
`featuring apparel and headwear, footwear, footwear accessories, eyewear and accessories,
`
`watches, sporting goods and equipment, electronic equipment and hardware, bags and luggage of
`
`all kinds, umbrellas, accessories made of metal, leather and imitation leather, sports and fitness
`
`products and accessories, promotional products, products related to charitable events
`
`(“Opposer’s Goods”).
`
`4.
`
`Opposer’s use of its mark NEW ERA has been continuous since its initial use at
`
`least as early as 1952, and its first use in interstate commerce in 1952.
`
`5.
`
`Commencing long before the filing date of Applicant’s application, Opposer has
`
`also been using, is now using, and has not abandoned, the marks DRYERA, COOLERA,
`
`SOLARERA, WINTERERA, DIAMOND ERA, MICROERA, ZONE ERA, MY ERA and NE
`
`NEW ERA in connection with, among other things, headwear, hats, caps, knit hats, baseball
`
`caps, tops as clothing, bottoms as clothing, jackets and coats, all purpose sport and athletic bags,
`
`and backpacks.
`
`6.
`
`These marks, along with Opposer’s NEW ERA mark, comprise a family of marks
`
`(collectively, “Opposer’s ERA Marks”).
`
`7.
`
`In addition, Opposer owns all right, title, and interest in, and will rely upon
`
`herein, the following federal trademark registrations: Reg. Nos. 2,017,209; 2,031,348;
`
`2,434,957; 2,550,756; 2,584,973; 3,595,192; 3,744,971; 3,759,352; 3,811,674; 4,166,506;
`
`- 2 -
`
`

`

`4,183,968; 4,258,770; 4,380,794; 4,380,795; 4,380,796; 4,380,816; 4,396,437; 4,456,418;
`
`4,633,210; 4,878,241; 4,895,863; 5,228,279; 5,228,280; 5,448,757; 5,453,457; 5,521,208;
`
`5,748,177; 5,748,178; 5,888,050; 5,888,051; 6,289,816; 6,373,249 and 6,428,646.
`
`8.
`
`Opposer’s rights in many of the marks subject to the foregoing registrations are
`
`incontestable and such registrations are conclusive evidence of the validity of the registered
`
`marks, Opposer’s ownership of the marks, and Opposer’s exclusive right to use the marks with
`
`the goods recited therein.
`
`9.
`
`Opposer also owns the following trademark application, which was filed prior to
`
`the date on which Applicant filed its application, and Opposer will rely on the resulting
`
`registration should it issue during the pendency of this Opposition: 88/279,248.
`
`10.
`
`Opposer has made substantial sales of goods under Opposer’s ERA Marks.
`
`11.
`
`Opposer’s Goods have been widely advertised, promoted and sold throughout the
`
`United States under Opposer’s ERA Marks.
`
`12.
`
`Opposer’s ERA Marks are symbolic of extensive goodwill and consumer
`
`recognition with Opposer. Such goodwill and recognition have been created through substantial
`
`amounts of time, effort, and investment by Opposer in advertising, promotion, and sales.
`
`13.
`
`Notwithstanding Opposer’s long-standing prior rights in and to Opposer’s ERA
`
`Marks, Applicant filed a trademark application with the United States Patent & Trademark
`
`Office on April 22, 2021 to register FANER ERA for: “Balaclavas; Beanies; Berets; Bonnets;
`
`Camisoles; Capes; Gloves; Mittens; Scarfs; Shorts; Sweaters; Ankle socks; Cap peaks; Dressing
`
`gowns and bath robes; Ear muffs; Fingerless gloves; Fur hats; Head scarves; Infinity scarves;
`
`Knitted caps; Knitted gloves; Knitted underwear; Leg warmers; Mittens modified to cover the
`
`hand and an animal leash handle or other loop; Neck scarves; Pashmina shawls; Short-sleeved or
`
`- 3 -
`
`

`

`long-sleeved t-shirts; Socks and stockings; Sports caps and hats; Yoga tops; Clothing, namely,
`
`neck tubes” in Class 25 (“Applicant’s Goods”). The Application was assigned Serial No.
`
`90/662,917 (the “Opposed Application”).
`
`14.
`
`The Opposed Application was published for opposition on January 18, 2022.
`
`15.
`
`Opposer filed extensions of time to oppose the Application through May 18,
`
`2022, and this opposition is, therefore, timely filed.
`
`16.
`
`Opposer’s rights in Opposer’s ERA Marks arose prior to any alleged rights of
`
`Applicant in Applicant’s Mark.
`
`17.
`
`Opposer has not granted Applicant any permission, consent or license to use
`
`Opposer’s ERA Marks or Applicant’s Mark for Applicant’s Goods.
`
`18.
`
`Applicant’s Goods are identical, related or complementary to Opposer’s Goods
`
`and/or within the natural scope of expansion of Opposer’s Goods and channels of trade.
`
`19.
`
`Applicant’s Mark and Opposer’s ERA Marks are confusingly similar in sight,
`
`sound, appearance and commercial meaning.
`
`20.
`
`Upon information and belief, Applicant had not used the FANER ERA mark in
`
`commerce on or in connection with all of Applicant’s Goods at the time the Opposed
`
`Application was filed.
`
`21.
`
`Upon information and belief, Applicant has not used the FANER ERA mark in
`
`commerce on or in connection with all of Applicant’s Goods.
`
`22.
`
`Applicant’s Mark so resembles Opposer’s ERA Marks that Applicant’s use and
`
`registration of Applicant’s Mark on or in connection with Applicant’s Goods will inevitably lead
`
`to confusion, mistake or deception of the public in violation of Section 2(d) of the Lanham Act,
`
`15 U.S.C. § 1052(d).
`
`- 4 -
`
`

`

`23.
`
`If Applicant is permitted to register FANER ERA, the registration would give
`
`Applicant a prima facie exclusive right to the use of Applicant’s Mark for Applicant’s Goods.
`
`Such registration would damage and injure Opposer as contemplated by Section 13 of the
`
`Lanham Act, 15 U.S.C. § 1063(a).
`
`WHEREFORE, Opposer respectfully requests this opposition be sustained and that
`
`Application Serial No. 90/662,917 be refused registration as to Applicant’s Goods.
`
`Dated: May 11, 2022
`
`Respectfully submitted,
`
`HARTER SECREST & EMERY LLP
`
`By:
`
`/Michael J. Berchou/
`Michael J. Berchou
`50 Fountain Plaza, Suite 1000
`Buffalo, NY 14202
`(716) 844-3753
`mberchou@hselaw.com
`trademark@hselaw.com
`
`Attorneys for Opposer
`New Era Cap, LLC
`
`- 5 -
`
`