Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1213192
`06/03/2022
`
`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
`
`SPYSCAPE LTD
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`06/04/2022
`
`95 THE PROMENADE CHELTENHAM
`THIRD FLOOR
`GLOUCESTER, GL501HH
`UNITED KINGDOM
`
`TRACY L. ZAWASKI
`GREER, BURNS & CRAIN LTD.
`300 S. WACKER DRIVE
`SUITE 2500
`CHICAGO, IL 60606
`UNITED STATES
`Primary email: tmdocket@gbc.law
`Secondary email(s): tzawaski@gbc.law, anobis@gbc.law
`312-987-2919
`
`Docket no.
`
`149036
`
`Applicant information
`
`Application no.
`
`90079288
`
`Publication date
`
`04/05/2022
`
`Opposition filing
`date
`
`International re-
`gistration no.
`
`Applicant
`
`06/03/2022
`
`NONE
`
`Opposition period
`ends
`
`International re-
`gistration date
`
`06/04/2022
`
`NONE
`
`Polybius Games Ltd
`31 CLARKIN AVENUE
`EAST KILBRIDE, GLASGOW, G759GS
`UNITED KINGDOM
`
`Goods/services affected by opposition
`
`Class 014. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Clocks; Jewelry; Watches; Jewelry boxes;
`Jewelry cases; Key rings; Watch bands;Decorative key fobs; Non-monetary coins
`
`Class 018. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Backpacks; Handbags; Knapsacks; Lug-
`gage; Purses; Umbrellas; Wallets; Book bags;Carry-on bags; Duffel bags; Fanny packs; Gym bags;
`Key cases; Leather bags; Leather handbags; School bags; Shoe bags for travel; Sports bags; Tote
`bags; Waist pouches; Wrist mounted carryall bags
`
`Class 020. First Use: None First Use In Commerce: None
`
`

`

`All goods and services in the class are opposed, namely: Cushions; Furniture; Mattresses; Pillows;
`Decorative mobiles; Figurines of wood, wax, plaster or plastic; Gift package decorations made of
`plastic; Hand fans; Mirrors; Party ornaments of plastic; Picture frames; Plastic cake decorations;
`Plastic novelty license plates; Statuettes of wood, wax, plaster or plastic; Windchimes; Interior win-
`dow blinds
`
`Class 021. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Beverageware; Dinnerware; Pitchers; Bath
`sponges; Bottle openers; Bottles, soldempty; Hair brushes; Hair combs; Lunch boxes; Lunch pails;
`Napkin holders; Napkin rings; Shaving brushes; Sun catchers;Toothbrush holders; Waste baskets;
`Electric toothbrushes; Insulated containers for food or beverages; Manual toothbrushes; Non-metal
`piggy banks; Serving trays; Vacuum bottles
`
`Class 024. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Bath linen; Bed linen; Household lin-
`en;Kitchen linens; Plastic banners; Plastic flags; Plastic pennants; Plastic tablecovers; Sleeping bags;
`Table linen; Textile fabrics for use in making clothing and household furnishings
`
`Class 028. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Balloons; Dolls; Puppets; Skateboards;
`Surfboards; Arcade games; Bean bag dolls; Bendable toys; Board games; Card games; Chess sets;
`Christmas tree ornaments; Coin-operated video games; Doll accessories; Elbow pads for athletic
`use; Hand held units for playing video games other than those adapted for use with an external dis-
`play screen or monitor; Inflatable swimming pools; Inflatable toys; Jump ropes; Knee pads for athletic
`use; Mechanical action toys; Pinball games; Pinball-type games; Playing cards; Plush
`toys;Radio-controlled toy vehicles; Roller skates; Rubber balls; Snow boards; Snow sleds for recre-
`ational use; Soft sculpture toys; Stuffed toy animals; Surf fins; Swim boards for recreational use;
`Swim fins; Target games; Toy vehicles; Water squirting toys; Battery operated action toys; In-line
`skates; Scale model kits; Toy action figures and accessories therefor
`
`Class 030. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Biscuits; Bread; Candy; Chocolate; Cocoa;
`Coffee; Cookies; Flour; Honey; Pastries; Rice; Spices; Sugar; Tea; Bubble gum; Candy bars; Chew-
`ing gum; Chocolate bars; Frozen custards; Frozen yogurt; Frozen confectionery containing ice
`cream; Granola-based snack bars; Ice cream; Ice cream bars; Ice cream sandwiches; Cereal based
`energy bars; Flavored ices; Processed cereals
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`No bona fide intent to use mark in commerce for
`identified goods or services
`
`Trademark Act Section 1(b), 44(e) or 66(a)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`4972532
`
`Register
`
`Principal
`
`Registration date
`
`06/07/2016
`
`Application date
`
`10/08/2015
`
`Foreign priority
`date
`
`04/10/2015
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SPYSCAPE
`
`NONE
`
`Class 014. First use: First Use: None First Use In Commerce: None
`Precious metals and their alloys; jewellery; costume jewellery; precious stones;
`horological and chronometric instruments, namely, clocks and watches
`
`U.S. registration
`
`5093830
`
`Application date
`
`10/08/2015
`
`

`

`no.
`
`Register
`
`Principal
`
`Registration date
`
`12/06/2016
`
`Word mark
`
`Design mark
`
`SPYSCAPE
`
`Foreign priority
`date
`
`04/10/2015
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 016. First use: First Use: None First Use In Commerce: None
`Books in the field of spying and espionage, comics and magazines featuring
`spying and espionage; Printed matter, namely, newspapers, photographs,
`magazines, books, printed periodicals, newsletters, and brochures and all in the
`fields of spying and espionage; bookbinding material; photographs; stationery;
`adhesives forstationery or household purposes; artists' materials, namely, molds
`for modeling clay, plasters; paint brushes; typewriters and office requisites,
`namely, franking machines, paper trimmers, punches, rubber bands; Printed
`teaching materialsin the field of spying and espionage; Plastic packaging wrap
`for commercial or industrial use; printers' type; printingblocks
`
`U.S. registration
`no.
`
`5093829
`
`Register
`
`Principal
`
`Registration date
`
`12/06/2016
`
`Word mark
`
`Design mark
`
`SPYSCAPE
`
`Application date
`
`10/08/2015
`
`Foreign priority
`date
`
`04/10/2015
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Scientific, nautical, surveying, photographic, cinematographic, optical, weighing,
`measuring, signalling, checking in the nature of supervision, life-saving and
`teaching apparatus and instruments namely, tablet computers, laptop com-
`puters,computer screens, electronic display boards, electronic display screens
`
`

`

`and converters; apparatus and instruments for conducting, switching, transform-
`ing, accumulating, regulating or controlling electricity namely, sensors, meters;
`apparatus for recording, transmission or reproduction of sound or images; mag-
`netic datacarriers, recording discs; compact discs, DVDs and other digital re-
`cording media namely, video cassettes, and diskettesfeaturing songs for kids,
`songs linked with brands, karaoke, educational animated films in a variety of
`subject mattersfor all grade levels, educational shortmovies in a variety of sub-
`ject matters for all grade levels and cartoons; mechanisms for coin-operated ap-
`paratus; cash registers, calculating machines, data processing equipment, com-
`puters; Computer software for use in database management,use as a spread-
`sheet, word processing, in the field of spying and espionage; fire-extinguishing
`apparatus
`
`U.S. registration
`no.
`
`4972533
`
`Register
`
`Principal
`
`Registration date
`
`06/07/2016
`
`Word mark
`
`Design mark
`
`SPYSCAPE
`
`Application date
`
`10/08/2015
`
`Foreign priority
`date
`
`04/10/2015
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 018. First use: First Use: None First Use In Commerce: None
`Leather and imitations of leather; animal skins, hides; trunks and travelling bags;
`handbags, rucksacks, purses; umbrellas, parasols and walking sticks;
`whips,harness and saddlery; clothing for animals
`
`U.S. registration
`no.
`
`4972535
`
`Register
`
`Principal
`
`Registration date
`
`06/07/2016
`
`Word mark
`
`Design mark
`
`SPYSCAPE
`
`Application date
`
`10/08/2015
`
`Foreign priority
`date
`
`04/10/2015
`
`

`

`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 020. First use: First Use: None First Use In Commerce: None
`Furniture, mirrors, picture frames; garden furniture; pillows and cushions
`
`U.S. registration
`no.
`
`5093832
`
`Register
`
`Principal
`
`Registration date
`
`12/06/2016
`
`Word mark
`
`Design mark
`
`SPYSCAPE
`
`Application date
`
`10/08/2015
`
`Foreign priority
`date
`
`04/10/2015
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 021. First use: First Use: None First Use In Commerce: None
`Household or kitchen utensils, namely, kitchen tongs, dishes, serving trays,
`cookie jars, beverage glassware, works of art made from porcelain, ceramics,
`pottery, non-electric coffee pots and containers for household use; combs and
`cleaning, scrub, scouring, sponges; brushes forfootwear, for billiard tables, for
`cleaning espionage equipment; brush-making materials; articles for cleaning
`purposes, namely, grill scrapers; steel wool; busts, mosaics, statues, work of art
`made of ceramics, glass, porcelain or earthenware; electric and non-electric
`toothbrushes
`
`U.S. registration
`no.
`
`5121884
`
`Register
`
`Principal
`
`Registration date
`
`01/17/2017
`
`Word mark
`
`Design mark
`
`SPYSCAPE
`
`Application date
`
`10/08/2015
`
`Foreign priority
`date
`
`04/10/2015
`
`Description of
`mark
`
`NONE
`
`

`

`Goods/services
`
`Class 025. First use: First Use: None First Use In Commerce: None
`Clothing, namely, shirts, pants, skirts, socks, t-shirts, vests, sweatshirts, hood-
`ies, tops, trousers, dresses, blouses, jackets, shorts, track suits, belts, cuffs,
`nightwear, swimwear, underwear, suspenders, braces; footwear; headgear,
`namely, hats, caps, beanies
`
`U.S. registration
`no.
`
`5117047
`
`Register
`
`Principal
`
`Registration date
`
`01/10/2017
`
`Application date
`
`10/08/2015
`
`Foreign priority
`date
`
`04/10/2015
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SPYSCAPE
`
`NONE
`
`Class 028. First use: First Use: None First Use In Commerce: None
`Marbles for games, memory games, manipulative games, games and playthings
`namely, puppet theatres; playing cards; gymnastic and sporting articles, namely,
`horizontal boards, vaulting horses, gymnastic apparatus; Christmas tree decora-
`tions
`
`U.S. registration
`no.
`
`5089300
`
`Register
`
`Principal
`
`Registration date
`
`11/29/2016
`
`Application date
`
`10/08/2015
`
`Foreign priority
`date
`
`04/10/2015
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SPYSCAPE
`
`NONE
`
`Class 041. First use: First Use: None First Use In Commerce: None
`Educational services, namely, training services in the field of espionage; enter-
`tainment services, namely, providing information relating to organizing com-
`munity sporting and cultural activities
`
`U.S. registration
`no.
`
`6191890
`
`Register
`
`Principal
`
`Registration date
`
`11/10/2020
`
`Application date
`
`02/22/2018
`
`Foreign priority
`date
`
`08/29/2017
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`I SPY NY
`
`The mark consists of the wording "I SPYNY" on a rectangle. All of the letters in
`"SPY NY" are incomplete.
`
`Class 035. First use: First Use: None First Use In Commerce: None
`Retail store services and on-line retail store services featuring music and video
`products, software, home entertainment goods, personal electronic goods,
`toysand games, promotional sports equipment, computers and computer peri-
`pherals, promotional clothing, promotional footwearand promotional headgear,
`home furnishings, food and drink, books and stationery, watches, jewellery and
`personal care products, all of the foregoing in the fields of espionage, secret in-
`
`

`

`telligence, hacking, and investigative journalism
`Class 041. First use: First Use: None First Use In Commerce: None
`Interactive experiences, namely, providing competitions, presentation of quizzes
`during competitions, providing online non-downloadable quiz games, and arran-
`ging and conducting quiz contests, escape room attractions, and exhibitions for
`learning purposes in the fields of espionage, secret intelligence, hacking, and in-
`vestigative journalism; conducting workshops and seminars in the field of espi-
`onage, secret intelligence, hacking and investigative journalism; entertainment,
`namely, interactive experiences in the form of online non-downloadable interact-
`ive videos and video games in the fields of espionage, secret intelligence, hack-
`ing and investigative journalism; culturalactivities, namely, museum services an-
`dorganizing and hosting educational conferences and symposia
`
`U.S. registration
`no.
`
`5435680
`
`Register
`
`Principal
`
`Registration date
`
`04/03/2018
`
`Application date
`
`08/30/2017
`
`Foreign priority
`date
`
`03/07/2017
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SPYMASTER
`
`NONE
`
`Class 014. First use: First Use: None First Use In Commerce: None
`Precious metals and their alloys; jewellery, costume jewellery, precious stones;
`horological and chronometric instruments, clocks and watches
`
`U.S. registration
`no.
`
`5410227
`
`Register
`
`Principal
`
`Registration date
`
`02/27/2018
`
`Word mark
`
`Design mark
`
`SPYSCAPE
`
`Application date
`
`12/29/2016
`
`Foreign priority
`date
`
`12/28/2016
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the stylized word "SPYSCAPE" in white, grey and black
`withportions of each letter appearing in white and grey and partially hidden in
`black and white circles appearing below thevisible portions of each letter "S".
`The entire mark appears on a black rectangle background design.
`
`Class 016. First use: First Use: None First Use In Commerce: None
`Books in the field of spying, espionage, cybersecurity and hacking, comics and
`magazines featuring spying, espionage, cybersecurity and hacking; Printed mat-
`ter, namely, newspapers, photographs, magazines, books, printed periodicals,
`newsletters, and brochures and all in the fields of spying, espionage, cyberse-
`curity and hacking; bookbinding material; photographs; stationery; adhesives for
`stationery or household purposes; artists' materials, namely, molds for modeling
`clay, plasters; paint brushes; typewriters andoffice requisites, namely, franking
`machines, paper trimmers, punches, rubber bands; Printed teaching materials in
`
`

`

`the field of spying, espionage, cybersecurity and hacking; Plastic packaging
`wrap for commercial or industrial use; printers' type; printing blocks
`
`U.S. registration
`no.
`
`5404307
`
`Register
`
`Principal
`
`Registration date
`
`02/20/2018
`
`Word mark
`
`Design mark
`
`SPYSCAPE
`
`Application date
`
`07/15/2016
`
`Foreign priority
`date
`
`06/27/2016
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the stylized word "SPYSCAPE" in white with portions of
`each letter fading into the background in grey. The mark has white circles below
`the visible portions of each letter "S". The entire word appears on a black rect-
`angle background.
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Apparatus and instruments for conducting, switching, transforming, accumulat-
`ing, regulating or controlling electricity;apparatus for recording, transmission or
`reproduction of sound or images; blankmagnetic data carriers, blank recording-
`discs; blank recording compact discs, blank recordable DVDs; mechanisms for
`coin-operated apparatus; cash registers, calculating machines, data processing
`equipment, computers; computer software for use in conducting, switching,
`transforming, accumulating, regulating or controlling electricity; fire-extinguishing
`apparatus
`Class 014. First use: First Use: None First Use In Commerce: None
`Precious metals and their alloys; jewellery, costume jewellery, precious stones;
`horological and chronometric instruments, clocks and watches
`Class 018. First use: First Use: None First Use In Commerce: None
`Leather and imitations of leather; animal skins, hides; trunks and travelling bags;
`handbags, rucksacks, purses; umbrellas, parasols and walking sticks;
`whips,harness and saddlery; clothing for animals
`Class 025. First use: First Use: None First Use In Commerce: None
`Clothing, namely, shirts, pants, skirts, socks, t-shirts, vests, sweatshirts, hood-
`ies, tops, trousers, dresses, blouses, jackets, shorts, track suits, belts, cuffs,
`nightwear, swimwear, underwear, suspenders, braces; footwear; headgear,
`namely, hats, caps, beanies
`Class 028. First use: First Use: None First Use In Commerce: None
`Games and playthings namely, puppet theaters, marbles for games, memory
`games, manipulative games; playing cards; gamesand playthings in the nature
`of spy kits, namely, toy costume masks and toy action figures; gymnastic and
`sporting articles, namely, horizontal boards, vaulting horses, gymnastic apparat-
`us; Christmastree decorations
`Class 041. First use: First Use: None First Use In Commerce: None
`Educational services, namely, training services in the field of espionage; on-line
`educational parental training classes; organizing community sporting and cultur-
`al events
`
`

`

`Attachments
`
`86782122#TMSN.png( bytes )
`86782116#TMSN.png( bytes )
`86782130#TMSN.png( bytes )
`86782312#TMSN.png( bytes )
`86782325#TMSN.png( bytes )
`86782350#TMSN.png( bytes )
`87283816#TMSN.png( bytes )
`87105618#TMSN.png( bytes )
`Notice of Opposition - SPY QUE.PDF(232971 bytes )
`Exhibit A.PDF(600125 bytes )
`
`Signature
`
`/TLZ/
`
`Name
`
`Date
`
`TRACY L. ZAWASKI
`
`06/03/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Serial No. 90079288
`
`
`
`
`
`
`
`For the mark SPY QUEST
`
`
`
`
`
`
`
`
`SPYSCAPE LTD,
`
`
`
`
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`POLYBIUS GAMES LTD,
`
`
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`/
`
`NOTICE OF OPPOSITION
`
`Spyscape Ltd, a United Kingdom Limited Company (“Opposer”) believes that it will be
`
`damaged by registration of the mark SPY QUEST set forth in Application Serial No. 90/079,288
`
`filed by Applicant, Polybius Games Ltd, a United Kingdom Limited Company, (“Applicant”) and
`
`hereby opposes the same. Opposer states the following grounds for the opposition:
`
`1.
`
`Spyscape Ltd is a limited company organized in the United Kingdom, with an
`
`address of 95 The Promenade Cheltenham, Third Floor, Gloucester, Gl501HH, United Kingdom.
`
`2.
`
`On July 28, 2020, Applicant filed application Serial No. 90/079,288 to register the
`
`mark SPY QUEST for goods in Classes 14, 18, 20, 21, 24, 28 and 30, claiming priority as of July
`
`23, 2020.
`
`3.
`
`Applicant’s application for SPY QUEST was published for opposition on April 5,
`
`2022 for “clocks; jewelry; watches; jewelry boxes; jewelry cases; key rings; watch bands;
`
`decorative key fobs; non-monetary coins” in Class 14, “backpacks; handbags; knapsacks; luggage;
`
`
`
`1
`
`

`

`purses; umbrellas; wallets; book bags; carry-on bags; duffel bags; fanny packs; gym bags; key
`
`cases; leather bags; leather handbags; school bags; shoe bags for travel; sports bags; tote bags;
`
`waist pouches; wrist mounted carryall bags” in Class 18, “cushions; furniture; mattresses; pillows;
`
`decorative mobiles; figurines of wood, wax, plaster or plastic; gift package decorations made of
`
`plastic; hand fans; mirrors; party ornaments of plastic; picture frames; plastic cake decorations;
`
`plastic novelty license plates; statuettes of wood, wax, plaster or plastic; wind chimes; interior
`
`window blinds” in Class 20, “beverageware; dinnerware; pitchers; bath sponges; bottle openers;
`
`bottles, sold empty; hair brushes; hair combs; lunch boxes; lunch pails; napkin holders; napkin
`
`rings; shaving brushes; sun catchers; toothbrush holders; waste baskets; electric toothbrushes;
`
`insulated containers for food or beverages; manual toothbrushes; non-metal piggy banks; serving
`
`trays; vacuum bottles” in Class 21, “bath linen; bed linen; household linen; kitchen linens; plastic
`
`banners; plastic flags; plastic pennants; plastic table covers; sleeping bags; table linen; textile
`
`fabrics for use in making clothing and household furnishings” in Class 24, “balloons; dolls;
`
`puppets; skateboards; surfboards; arcade games; bean bag dolls; bendable toys; board games; card
`
`games; chess sets; Christmas tree ornaments; coin-operated video games; doll accessories; elbow
`
`pads for athletic use; hand held units for playing video games other than those adapted for use with
`
`an external display screen or monitor; inflatable swimming pools; inflatable toys; jump ropes; knee
`
`pads for athletic use; mechanical action toys; pinball games; pinball-type games; playing cards;
`
`plush toys; radio-controlled toy vehicles; roller skates; rubber balls; snow boards; snow sleds for
`
`recreational use; soft sculpture toys; stuffed toy animals; surf fins; swim boards for recreational
`
`use; swim fins; target games; toy vehicles; water squirting toys; battery operated action toys; in-
`
`line skates; scale model kits; toy action figures and accessories therefor” in Class 28 and “biscuits;
`
`bread; candy; chocolate; cocoa; coffee; cookies; flour; honey; pastries; rice; spices; sugar; tea;
`
`
`
`2
`
`

`

`bubble gum; candy bars; chewing gum; chocolate bars; frozen custards; frozen yogurt; frozen
`
`confectionery containing ice cream; granola-based snack bars; ice cream; ice cream bars; ice cream
`
`sandwiches; cereal based energy bars; flavored ices; processed cereals” in Class 30 (the “SPY
`
`QUEST Application”).
`
`4.
`
`Opposer timely filed a request to extend the deadline to oppose the SPY QUEST
`
`Application, which was granted until June 4, 2022. Thus, the instant Notice of Opposition is
`
`timely.
`
`5.
`
`Opposer is the owner of the mark SPYSCAPE and variations thereof, including the
`
`following U.S. Registrations:
`
`Mark
`
`Number
`
`Registration Date
`
`Goods and Services
`
`Reg 4972532
`
`Reg 07-JUN-2016
`
`INT. CL. 14 PRECIOUS METALS AND THEIR ALLOYS; JEWELLERY;
`
`
`
`
`
`
`
`COSTUME JEWELLERY; PRECIOUS STONES; HOROLOGICAL AND
`
`CHRONOMETRIC INSTRUMENTS, NAMELY, CLOCKS AND
`
`WATCHES
`
`Reg 5093830
`
`Reg 06-DEC-2016
`
`INT. CL. 16 BOOKS IN THE FIELD OF SPYING AND ESPIONAGE,
`
`COMICS AND MAGAZINES FEATURING SPYING AND ESPIONAGE;
`
`PRINTED MATTER, NAMELY, NEWSPAPERS, PHOTOGRAPHS,
`
`MAGAZINES, BOOKS, PRINTED PERIODICALS, NEWSLETTERS,
`
`AND BROCHURES AND ALL IN THE FIELDS OF SPYING AND
`
`ESPIONAGE; BOOKBINDING MATERIAL; PHOTOGRAPHS;
`
`STATIONERY; ADHESIVES FOR STATIONERY OR HOUSEHOLD
`
`PURPOSES; ARTISTS' MATERIALS, NAMELY, MOLDS FOR
`
`MODELING CLAY, PLASTERS; PAINT BRUSHES; TYPEWRITERS
`
`AND OFFICE REQUISITES, NAMELY, FRANKING MACHINES,
`
`PAPER TRIMMERS, PUNCHES, RUBBER BANDS; PRINTED
`
`TEACHING MATERIALS IN THE FIELD OF SPYING AND
`
`ESPIONAGE; PLASTIC PACKAGING WRAP FOR COMMERCIAL OR
`
`INDUSTRIAL USE; PRINTERS' TYPE; PRINTING BLOCKS
`
`Reg 5093829
`
`Reg 06-DEC-2016
`
`INT. CL. 9 SCIENTIFIC, NAUTICAL, SURVEYING, PHOTOGRAPHIC,
`
`CINEMATOGRAPHIC, OPTICAL, WEIGHING, MEASURING,
`
`SIGNALLING, CHECKING IN THE NATURE OF SUPERVISION, LIFE-
`
`SAVING AND TEACHING APPARATUS AND INSTRUMENTS
`
`NAMELY, TABLET COMPUTERS, LAPTOP COMPUTERS,
`
`COMPUTER SCREENS, ELECTRONIC DISPLAY BOARDS,
`
`ELECTRONIC DISPLAY SCREENS AND CONVERTERS; APPARATUS
`
`AND INSTRUMENTS FOR CONDUCTING, SWITCHING,
`
`TRANSFORMING, ACCUMULATING, REGULATING OR
`
`CONTROLLING ELECTRICITY NAMELY, SENSORS, METERS;
`
`APPARATUS FOR RECORDING, TRANSMISSION OR
`
`REPRODUCTION OF SOUND OR IMAGES; MAGNETIC DATA
`
`CARRIERS, RECORDING DISCS; COMPACT DISCS, DVDS AND
`
`OTHER DIGITAL RECORDING MEDIA NAMELY, VIDEO
`
`CASSETTES, AND DISKETTES FEATURING SONGS FOR KIDS,
`
`
`
`3
`
`

`

`Mark
`
`Number
`
`Registration Date
`
`Goods and Services
`
`SONGS LINKED WITH BRANDS, KARAOKE, EDUCATIONAL
`
`ANIMATED FILMS IN A VARIETY OF SUBJECT MATTERS FOR ALL
`
`GRADE LEVELS, EDUCATIONAL SHORT MOVIES IN A VARIETY OF
`
`SUBJECT MATTERS FOR ALL GRADE LEVELS AND CARTOONS;
`
`MECHANISMS FOR COIN-OPERATED APPARATUS; CASH
`
`REGISTERS, CALCULATING MACHINES, DATA PROCESSING
`
`EQUIPMENT, COMPUTERS; COMPUTER SOFTWARE FOR USE IN
`
`DATABASE MANAGEMENT, USE AS A SPREADSHEET, WORD
`
`PROCESSING, IN THE FIELD OF SPYING AND ESPIONAGE; FIRE-
`
`EXTINGUISHING APPARATUS
`
`Reg 4972533
`
`Reg 07-JUN-2016
`
`INT. CL. 18 LEATHER AND IMITATIONS OF LEATHER; ANIMAL
`
`SKINS, HIDES; TRUNKS AND TRAVELLING BAGS; HANDBAGS,
`
`RUCKSACKS, PURSES; UMBRELLAS, PARASOLS AND WALKING
`
`STICKS; WHIPS, HARNESS AND SADDLERY; CLOTHING FOR
`
`ANIMALS
`
`Reg 4972535
`
`Reg 07-JUN-2016
`
`INT. CL. 20 FURNITURE, MIRRORS, PICTURE FRAMES; GARDEN
`
`FURNITURE; PILLOWS AND CUSHIONS
`
`Reg 5093832
`
`Reg 06-DEC-2016
`
`INT. CL. 21 HOUSEHOLD OR KITCHEN UTENSILS, NAMELY,
`
`KITCHEN TONGS, DISHES, SERVING TRAYS, COOKIE JARS,
`
`BEVERAGE GLASSWARE, WORKS OF ART MADE FROM
`
`PORCELAIN, CERAMICS, POTTERY, NON-ELECTRIC COFFEE POTS
`
`AND CONTAINERS FOR HOUSEHOLD USE; COMBS AND
`
`CLEANING, SCRUB, SCOURING, SPONGES; BRUSHES FOR
`
`FOOTWEAR, FOR BILLIARD TABLES, FOR CLEANING ESPIONAGE
`
`EQUIPMENT; BRUSH-MAKING MATERIALS; ARTICLES FOR
`
`CLEANING PURPOSES, NAMELY, GRILL SCRAPERS; STEEL WOOL;
`
`BUSTS, MOSAICS, STATUES, WORK OF ART MADE OF CERAMICS,
`
`GLASS, PORCELAIN OR EARTHENWARE; ELECTRIC AND NON-
`
`ELECTRIC TOOTHBRUSHES
`
`Reg 5121884
`
`Reg 17-JAN-2017
`
`INT. CL. 25 CLOTHING, NAMELY, SHIRTS, PANTS, SKIRTS, SOCKS,
`
`T-SHIRTS, VESTS, SWEATSHIRTS, HOODIES, TOPS, TROUSERS,
`
`DRESSES, BLOUSES, JACKETS, SHORTS, TRACK SUITS, BELTS,
`
`CUFFS, NIGHTWEAR, SWIMWEAR, UNDERWEAR, SUSPENDERS,
`
`BRACES; FOOTWEAR; HEADGEAR, NAMELY, HATS, CAPS,
`
`BEANIES
`
`Reg 5117047
`
`Reg 10-JAN-2017
`
`INT. CL. 28 MARBLES FOR GAMES, MEMORY GAMES,
`
`MANIPULATIVE GAMES, GAMES AND PLAYTHINGS NAMELY,
`
`PUPPET THEATRES; PLAYING CARDS; GYMNASTIC AND
`
`SPORTING ARTICLES, NAMELY, HORIZONTAL BOARDS,
`
`VAULTING HORSES, GYMNASTIC APPARATUS; CHRISTMAS TREE
`
`DECORATIONS
`
`Reg 5089300
`
`Reg 29-NOV-2016 INT. CL. 41 EDUCATIONAL SERVICES, NAMELY, TRAINING
`
`SERVICES IN THE FIELD OF ESPIONAGE; ENTERTAINMENT
`
`SERVICES, NAMELY, PROVIDING INFORMATION RELATING TO
`
`ORGANIZING COMMUNITY SPORTING AND CULTURAL
`
`ACTIVITIES
`
`Reg 6191890
`
`Reg 10-NOV-2020 INT. CL. 41 INTERACTIVE EXPERIENCES, NAMELY, PROVIDING
`
`COMPETITIONS, PRESENTATION OF QUIZZES DURING
`
`COMPETITIONS, PROVIDING ONLINE NON-DOWNLOADABLE QUIZ
`
`GAMES, AND ARRANGING AND CONDUCTING QUIZ CONTESTS,
`
`ESCAPE ROOM ATTRACTIONS, AND EXHIBITIONS FOR LEARNING
`
`PURPOSES IN THE FIELDS OF ESPIONAGE, SECRET INTELLIGENCE,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`

`

`Mark
`
`Number
`
`Registration Date
`
`Goods and Services
`
`HACKING, AND INVESTIGATIVE JOURNALISM; CONDUCTING
`
`WORKSHOPS AND SEMINARS IN THE FIELD OF ESPIONAGE,
`
`SECRET INTELLIGENCE, HACKING AND INVESTIGATIVE
`
`JOURNALISM; ENTERTAINMENT, NAMELY, INTERACTIVE
`
`EXPERIENCES IN THE FORM OF ONLINE NON-DOWNLOADABLE
`
`INTERACTIVE VIDEOS AND VIDEO GAMES IN THE FIELDS OF
`
`ESPIONAGE, SECRET INTELLIGENCE, HACKING AND
`
`INVESTIGATIVE JOURNALISM; CULTURAL ACTIVITIES, NAMELY,
`
`MUSEUM SERVICES AND ORGANIZING AND HOSTING
`
`EDUCATIONAL CONFERENCES AND SYMPOSIA
`
`INT. CL. 35 RETAIL STORE SERVICES AND ON-LINE RETAIL STORE
`
`SERVICES FEATURING MUSIC AND VIDEO PRODUCTS,
`
`SOFTWARE, HOME ENTERTAINMENT GOODS, PERSONAL
`
`ELECTRONIC GOODS, TOYS AND GAMES, PROMOTIONAL SPORTS
`
`EQUIPMENT, COMPUTERS AND COMPUTER PERIPHERALS,
`
`PROMOTIONAL CLOTHING, PROMOTIONAL FOOTWEAR AND
`
`PROMOTIONAL HEADGEAR, HOME FURNISHINGS, FOOD AND
`
`DRINK, BOOKS AND STATIONERY, WATCHES, JEWELLERY AND
`
`PERSONAL CARE PRODUCTS, ALL OF THE FOREGOING IN THE
`
`FIELDS OF ESPIONAGE, SECRET INTELLIGENCE, HACKING, AND
`
`INVESTIGATIVE JOURNALISM
`
`
`
`
`
`
`
`Reg 5435680
`
`Reg 03-APR-2018
`
`INT. CL. 14 PRECIOUS METALS AND THEIR ALLOYS; JEWELLERY,
`
`COSTUME JEWELLERY, PRECIOUS STONES; HOROLOGICAL AND
`
`CHRONOMETRIC INSTRUMENTS, CLOCKS AND WATCHES
`
`Reg 5410227
`
`Reg 27-FEB-2018
`
`INT. CL. 16 BOOKS IN THE FIELD OF SPYING, ESPIONAGE,
`
`CYBERSECURITY AND HACKING, COMICS AND MAGAZINES
`
`FEATURING SPYING, ESPIONAGE, CYBERSECURITY AND
`
`HACKING; PRINTED MATTER, NAMELY, NEWSPAPERS,
`
`PHOTOGRAPHS, MAGAZINES, BOOKS, PRINTED PERIODICALS,
`
`NEWSLETTERS, AND BROCHURES AND ALL IN THE FIELDS OF
`
`SPYING, ESPIONAGE, CYBERSECURITY AND HACKING;
`
`BOOKBINDING MATERIAL; PHOTOGRAPHS; STATIONERY;
`
`ADHESIVES FOR STATIONERY OR HOUSEHOLD PURPOSES;
`
`ARTISTS' MATERIALS, NAMELY, MOLDS FOR MODELING CLAY,
`
`PLASTERS; PAINT BRUSHES; TYPEWRITERS AND OFFICE
`
`REQUISITES, NAMELY, FRANKING MACHINES, PAPER TRIMMERS,
`
`PUNCHES, RUBBER BANDS; PRINTED TEACHING MATERIALS IN
`
`THE FIELD OF SPYING, ESPIONAGE, CYBERSECURITY AND
`
`HACKING; PLASTIC PACKAGING WRAP FOR COMMERCIAL OR
`
`INDUSTRIAL USE; PRINTERS' TYPE; PRINTING BLOCKS
`
`Reg 5404307
`
`Reg 20-FEB-2018
`
`INT. CL. 41 EDUCATIONAL SERVICES, NAMELY, TRAINING
`
`SERVICES IN THE FIELD OF ESPIONAGE; ON-LINE EDUCATIONAL
`PARENTAL TRAINING CLASSES; ORGANIZING COMMUNITY
`
`SPORTING AND CULTURAL EVENTS
`
`INT. CL. 9 APPARATUS AND INSTRUMENTS FOR CONDUCTING,
`
`SWITCHING, TRANSFORMING, ACCUMULATING, REGULATING OR
`
`CONTROLLING ELECTRICITY; APPARATUS FOR RECORDING,
`
`TRANSMISSION OR REPRODUCTION OF SOUND OR IMAGES;
`
`BLANK MAGNETIC DATA CARRIERS, BLANK RECORDING DISCS;
`
`BLANK RECORDING COMPACT DISCS, BLANK RECORDABLE
`
`DVDS; MECHANISMS FOR COIN-OPERATED APPARATUS; CASH
`
`REGISTERS, CALCULATING MACHINES, DATA PROCESSING
`
`EQUIPMENT, COMPUTERS; COMPUTER SOFTWARE FOR USE IN
`
`CONDUCTING, SWITCHING, TRANSFORMING, ACCUMULATING,
`
`REGULATING OR CONTROLLING ELECTRICITY; FIRE-
`
`
`
`5
`
`

`

`Mark
`
`Number
`
`Registration Date
`
`Goods and Services
`
`EXTINGUISHING APPARATUS
`
`INT. CL. 18 LEATHER AND IMITATIONS OF LEATHER; ANIMAL
`
`SKINS, HIDES; TRUNKS AND TRAVELLING BAGS; HANDBAGS,
`
`RUCKSACKS, PURSES; UMBRELLAS, PARASOLS AND WALKING
`
`STICKS; WHIPS, HARNESS AND SADDLERY; CLOTHING FOR
`
`ANIMALS
`
`INT. CL. 28 GAMES AND PLAYTHINGS NAMELY, PUPPET
`
`THEATERS, MARBLES FOR GAMES, MEMORY GAMES,
`
`MANIPULATIVE GAMES; PLAYING CARDS; GAMES AND
`
`PLAYTHINGS IN THE NATURE OF SPY KITS, NAMELY, TOY
`
`COSTUME MASKS AND TOY ACTION FIGURES; GYMNASTIC AND
`
`SPORTING ARTICLES, NAMELY, HORIZONTAL BOARDS,
`
`VAULTING HORSES, GYMNASTIC APPARATUS; CHRISTMAS TREE
`
`DECORATIONS
`
`INT. CL. 14 PRECIOUS METALS AND THEIR ALLOYS; JEWELLERY,
`
`COSTUME JEWELLERY, PRECIOUS STONES; HOROLOGICAL AND
`
`CHRONOMETRIC INSTRUMENTS, CLOCKS AND WATCHES
`
`INT. CL. 25 CLOTHING, NAMELY, SHIRTS, PANTS, SKIRTS, SOCKS,
`
`T-SHIRTS, VESTS, SWEATSHIRTS, HOODIES, TOPS, TROUSERS,
`
`DRESSES, BLOUSES, JACKETS, SHORTS, TRACK SUITS, BELTS,
`
`CUFFS, NIGHTWEAR, SWIMWEAR, UNDERWEAR, SUSPENDERS,
`
`BRACES; FOOTWEAR; HEADGEAR, NAMELY, HATS, CAPS,
`
`BEANIES
`
`
`
`Collectively, the “SPY Marks.”
`
`6.
`
`Copies of the Certificates of Registration for the above-identified marks are
`
`attached collectively as Exhibit A.
`
`7.
`
`Opposer’s registrations for the SPY Marks serve as proof of the validity of the
`
`registrations, Opposer’s ownership thereof, and Opposer’s exclusive right to use the marks in
`
`commerce under 15 U.S.C. § 1057(b).
`
`8.
`
`Opposer has expended significant resources in advertising and promoting
`
`Opposer’s Services under the SPY Marks. By virtue of Opposer’s longstanding use and substantial
`
`promotion, the SPY Marks possess strong distinctiveness and have become a valuable symbol of
`
`Opposer, Opposer’s goods and services, and Opposer’s goodwill.
`
`9.
`
`On information and belief, Applicant is a United Kingdom limited company with
`
`an address at 31 Clarkin Avenue, East Kilbride, Glasgow, United Kingdom G759GS.
`
`
`
`6
`
`

`

`10.
`
`The SPY QUEST Application is likely to cause injury to Opposer and rights in the
`
`SPY Marks.
`
`LIKELIHOOD OF CONFUSION
`
`11.
`
`Opposer repeats and realleges each and every paragraph of this Notice of
`
`Opposition as if set forth here in full.
`
`12.
`
`The SPY QUEST Application is highly similar in sight, sound, appearance, and
`
`commercial impression to Opposer’s SPY Marks.
`
`13.
`
`The SPY QUEST Application covers goods for goods that are identical to, or highly
`
`related to, the goods and services offered under Opposer’s SPY Marks.
`
`14.
`
`Opposer will be damaged by registration of the SPY QUEST Application because
`
`the mark so resembles Opposer’s SPY Marks as to be likely to cause confusion, mistake, and/or
`
`deception.
`
`15.
`
`Opposer’s SPY Marks have priority over the SPY QUEST Application.
`
`16.
`
`Persons familiar with Opposer’s SPY Marks and the goods and services offered
`
`under Opposer’s SPY Marks are likely to believe that Applicant’s goods are the goods of Opposer
`
`or are authorized, endorsed, sponsored, or licensed by Opposer.
`
`17.
`
`Thus, registration of the SPY QUEST Application would