Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1218422
`06/29/2022
`
`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
`
`Docket no.
`
`SparkNotes LLC
`
`06/29/2022
`
`33 EAST 17TH STREET
`NEW YORK, NY 10003
`UNITED STATES
`
`TODD BRAVERMAN, ESQ.
`PEARL COHEN ZEDEK LATZER BARATZ LLP
`TIMES SQUARE TOWER, 7 TIMES SQUARE
`19TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`Primary email: tm-uspto@pearlcohen.com
`Secondary email(s): tbraverman@pearlcohen.com
`6468780820
`700926-18-52
`
`Applicant information
`
`Application no.
`
`90059607
`
`Opposition filing
`date
`
`Applicant
`
`06/29/2022
`
`Zuroam Media
`5601 WINDMIER CIRCLE
`DALLAS, TX 75252
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`03/01/2022
`
`Opposition period
`ends
`
`06/29/2022
`
`Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Digital materials, namely, downloadablefiles
`featuring fiction books, audio books, videos
`
`Class 016. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: A series of fiction works, namely, novels
`and books featuring children, self motivation and self esteem
`
`Class 041. First Use: Jun 1, 2020 First Use In Commerce: Jun 2, 2020
`All goods and services in the class are opposed, namely: Educational services, namely, conducting
`classes, seminars, conferences, workshops in the fields of children's books and self motivation and
`distribution of training materials in connection therewith; Providing on-line videos featuring music, not
`downloadable; Providing on-line music, not downloadable
`
`

`

`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Dilution by tarnishment
`
`Other
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Section 43(a)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`3952293
`
`Register
`
`Principal
`
`Registration date
`
`04/26/2011
`
`Application date
`
`06/29/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`*SPARKNOTES
`
`The mark consists of the word "SPARKNOTES" with an asterisk.
`
`Class 009. First use: First Use: Aug 2009 First Use In Commerce: Aug 2009
`Downloadable electronic publications inthe nature of study guides in the fieldof
`literature; Downloadable electronic publications in the nature of books, study
`guides and charts on a variety of high school and college-level subjects, namely,
`Math, Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chem-
`istry, Biology, Microbiology, Physics, Astronomy, Computer Science, Geology,
`History, Psychology, Philosophy, Economics, Film, Health, Art History, Lan-
`guage, English, ESL, Sign Language, Spanish, French,Italian, German, Hebrew,
`Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing,
`Macroeconomics, Accounting, Mythology, Women's Studies, Sociology and SAT
`Test Prep
`Class 038. First use: First Use: Aug 2009 First Use In Commerce: Aug 2009
`Providing on-line electronic bulletin boards for transmission of messages amon-
`gcomputer users concerning assistance inselecting and applying to colleges and
`universities, college loans and scholarships, and information on colleges, col-
`lege life, college admissions, college loans and financial aid; Telecommunication
`services, namely, providing on-line chatrooms and transmission of instant mes-
`sages and e-mails among computer users concerning topics of interest to high
`school and college students, educational topics and study guides on literary
`works
`Class 041. First use: First Use: Aug 2009 First Use In Commerce: Aug 2009
`On-line educational services, namely, providing information and analysis of liter-
`ary works; On-line educational services, namely, a web site which provides in-
`formation and analysis of literary works and on-line quizzes on a variety of high-
`school and college topics, on-line study guides in the field of literature, andedu-
`cational information and content on a variety of high school and college topics;
`Providing a web site featuring educational and entertainment information and
`content in the fields of pop culture, television shows, movies, literature, fiction
`and non-fiction books on a varietyof topics, the Internet, computers, music,
`news, current events, humor, blogs concerning college life, education and cur-
`rent events, high school life, college life, academics, quizzes, computer games-
`and trivia games; book publishing services; Providing on-line information for as-
`sisting in selecting and applying to colleges and universities; Providing on-line
`information in the field of college admissions; Providing a website that features
`information on college life, namely, attending college and university with an em-
`phasis on newly enrolled students and activities; Computer services, namely,
`
`

`

`providing on-line study guides in the field of literature; Providing non-
`downloadable publications in the nature of books, study guides and charts on a
`variety of high school and college-level subjects, namely, Math, Algebra, Calcu-
`lus, Trigonometry, Geometry, Chemistry, OrganicChemistry, Biology, Microbio-
`logy, Physics, Astronomy, Computer Science, Geology, History, Psychology,
`Philosophy, Economics, Film, Health, Art History, Language, English, ESL, Sign
`Language, Spanish,French, Italian, German, Hebrew, Japanese, Chinese, Latin,
`Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeconomics, Account-
`ing, Mythology, Women's Studies, Sociology and SAT Test Prep
`Class 042. First use: First Use: Aug 2009 First Use In Commerce: Aug 2009
`Providing online non-downloadable diagnostic tools in the nature of software,
`computer databases and computer programs for assisting in applying for college
`loans and scholarships via a web site; Providing online non-downloadable dia-
`gnostic tools in the nature of software, computer databases and computer pro-
`grams for assisting in selecting and applying to colleges and universities
`
`U.S. registration
`no.
`
`2490292
`
`Register
`
`Principal
`
`Registration date
`
`09/18/2001
`
`Word mark
`
`Design mark
`
`SPARKNOTES
`
`Application date
`
`03/14/2000
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: Mar 1999 First Use In Commerce: Mar 1999
`On-line educational services, namely, providing information and analysis of liter-
`ary works
`Class 042. First use: First Use: Mar 1999 First Use In Commerce: Mar 1999
`Computer services, namely, providing on-line study guides in the field of literat-
`ure
`
`U.S. registration
`no.
`
`2802909
`
`Register
`
`Principal
`
`Registration date
`
`01/06/2004
`
`Application date
`
`04/23/2001
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SPARKNOTES
`
`NONE
`
`Class 016. First use: First Use: Feb 28, 2001 First Use In Commerce: Feb 28,
`2001
`
`

`

`PUBLICATIONS, NAMELY, STUDY GUIDES IN THE FIELD OF LITERATURE
`
`U.S. registration
`no.
`
`3425933
`
`Register
`
`Principal
`
`Registration date
`
`05/13/2008
`
`Word mark
`
`Design mark
`
`SPARKLIFE
`
`Application date
`
`08/13/2007
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: Jan 31, 2003 First Use In Commerce: Jan 31,
`2003
`Providing a web site featuring educational and entertainment information and
`content in the fields of pop culture, television shows. movies, literature, fiction
`and non-fiction books on a variety of topics, the Internet, computers, music,
`news, current events, humor, blogs concerning college life, education and cur-
`rent events, college life, academics, quizzes, computer games and trivia games
`
`U.S. registration
`no.
`
`2905459
`
`Register
`
`Principal
`
`Registration date
`
`11/30/2004
`
`Word mark
`
`Design mark
`
`THESPARK
`
`Application date
`
`04/23/2001
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 038. First use: First Use: Jan 1999 First Use In Commerce: Jan 1999
`Telecommunication services, namely, providing on-line chat rooms and trans-
`mission of instant messages and e-mail among computer users concerning top-
`ics of interest to college students
`Class 041. First use: First Use: Jan 1999 First Use In Commerce: Jan 1999
`Entertainment services, namely, providing on-line games, quizzes and science
`experiments, and providing humorous content on a variety of topics and subject
`matters; educational services, namely, providing on-line study guides in the field
`
`

`

`of literature and providing educational information and content on a variety of
`college topics
`
`U.S. registration
`no.
`
`2882198
`
`Register
`
`Principal
`
`Registration date
`
`09/07/2004
`
`Application date
`
`06/19/2001
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SPARKNOTES
`
`The mark consists in part of a stylizeddesign of a spark.
`
`Class 016. First use: First Use: Feb 28, 2001 First Use In Commerce: Feb 28,
`2001
`Publications, namely, study guides in the field of literature
`Class 041. First use: First Use: Feb 28, 2001 First Use In Commerce: Feb 28,
`2001
`[On-line educational services, namely, providing information and analysis of liter-
`ary works]
`Class 042. First use: First Use: Feb 28, 2001 First Use In Commerce: Feb 28,
`2001
`[Computer services, namely, providing on-line study guides in the field of literat-
`ure]
`
`U.S. registration
`no.
`
`2797269
`
`Register
`
`Principal
`
`Registration date
`
`12/23/2003
`
`Application date
`
`01/31/2003
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SPARKCHARTS
`
`NONE
`
`Class 016. First use: First Use: Jan 17, 2003 First Use In Commerce: Jan 17,
`2003
`publications, namely, study guides and charts in the fields of literature, history,
`government, law, foreign languages,English composition, business, sci-
`ence,mathematics, computers, computer languages, computer operating sys-
`tems, computer software, economics, sociology, mythology, philosophy, medi-
`cine and test preparation
`
`U.S. registration
`no.
`
`3380421
`
`Register
`
`Principal
`
`Registration date
`
`02/12/2008
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`SPARK PUBLISHING
`
`NONE
`
`Application date
`
`02/09/2007
`
`Foreign priority
`date
`
`NONE
`
`Goods/services
`
`Class 016. First use: First Use: Dec 31, 2002 First Use In Commerce: Dec 31,
`
`

`

`2002
`publications, namely, books, study guides and charts on a variety of college-
`level subjects, namely, Math, Algebra, Calculus, Trigonometry, Geometry,
`Chemistry, Organic Chemistry, Biology, Microbiology, Physics, Astronomy,
`Computer Science, Geology, History, Psychology, Philosophy, Economics, Film,
`Health, Art History, Language, English, ESL, Sign Language,Spanish, French,
`Italian, German, Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine,
`Nursing, Music, Marketing, Macroeconomics, Accounting, Mythology, Women's
`Studies, Sociology and SAT Test Prep
`Class 041. First use: First Use: Dec 31, 2002 First Use In Commerce: Dec 31,
`2002
`book publishing
`
`U.S. registration
`no.
`
`3391019
`
`Register
`
`Principal
`
`Registration date
`
`03/04/2008
`
`Word mark
`
`Design mark
`
`SPARKCOLLEGE
`
`Application date
`
`03/09/2007
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 016. First use: First Use: Jul 25, 2005 First Use In Commerce: Jul 25,
`2005
`books and guides on colleges, college life, college admissions, college loans
`and financial aid
`Class 036. First use: First Use: Jul 25, 2005 First Use In Commerce: Jul 25,
`2005
`Providing online information for assisting in applying for college loans and schol-
`arships via a web site
`Class 038. First use: First Use: Jul 25, 2005 First Use In Commerce: Jul 25,
`2005
`Providing on-line electronic bulletin boards for transmission of messages amon-
`gcomputer users concerning assistance inselecting and applying to colleges and
`universities, college loans and scholarships, and information on colleges, col-
`lege life, college admissions, college loans and financial aid
`Class 041. First use: First Use: Jul 25, 2005 First Use In Commerce: Jul 25,
`2005
`Providing on-line information for assisting in selecting and applying to colleges
`and universities; Providing on-line information in the field of college admissions;
`Providing a website that featuresinformation on college life, namely, attending
`college and university with an emphasis on newly enrolled students and activit-
`ies
`Class 042. First use: First Use: Jul 25, 2005 First Use In Commerce: Jul 25,
`
`

`

`2005
`Providing non-downloadable diagnostic tools and programs for assisting in ap-
`plying for college loans and scholarships via a web site; Providing non-
`downloadable diagnostic tools and programs for assisting in selecting and apply-
`ing to colleges and universities
`
`U.S. registration
`no.
`
`3605844
`
`Register
`
`Principal
`
`Registration date
`
`04/14/2009
`
`Application date
`
`09/09/2008
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SPARKNOTES 101
`
`NONE
`
`Class 016. First use: First Use: Jan 31, 2004 First Use In Commerce: Jan 31,
`2004
`publications, namely, books and study guides on a variety of college-level sub-
`jects, namely, mathematics, algebra, science, biology, history, political science,
`psychology, philosophy, literature, english, foreign languages, sociology and test
`prep
`
`U.S. registration
`no.
`
`3495516
`
`Register
`
`Principal
`
`Registration date
`
`09/02/2008
`
`Application date
`
`01/29/2008
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`THE DAILY SPARK
`
`NONE
`
`Class 016. First use: First Use: Jul 31, 2004 First Use In Commerce: Jul 31,
`2004
`Publications, namely, a series of teacher and student lessons, activities and ex-
`ercise books in the fields of primary, secondary, college and post-graduate edu-
`cation, history, science, vocabulary, writing, spelling, grammar, mathematics,
`journal writing, research paper writing, literature, language, Shakespeare, for-
`eign languages, poetry, test preparation and college entrance examinations
`
`U.S. registration
`no.
`
`4735577
`
`Register
`
`Principal
`
`Registration date
`
`05/12/2015
`
`Word mark
`
`THESPARK.COM
`
`Application date
`
`03/07/2012
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 038. First use: First Use: Dec 5, 2014 First Use In Commerce: Dec 5,
`2014
`[ Providing on-line electronic bulletinboards for transmission of messages
`among computer users concerning assistance in selecting and applying to col-
`leges and universities, college loans and scholarships, and information on col-
`leges, college life, college admissions, college loans and financial aid; ] Tele-
`communication services, namely, providing on-line chat rooms and transmission
`of instant messages and e-mails among computer usersconcerning topics of in-
`terest to high school and college students, educational topics and study guides
`on literary works
`Class 041. First use: First Use: Dec 5, 2014 First Use In Commerce: Dec 5,
`2014
`Entertainment services, namely, providing online quizzes and games regarding
`relationships, personalities, and education; entertainment services, namely,
`providing a web site featuring humorous content; On-line educational services,
`namely, providing information and analysis of literary works; On-line educational
`services, namely, a web site which provides information and analysis of literary
`works and on-line quizzes on a variety of high school and college topics, on-line
`study guides in the field of literature, and educational information and content on
`a variety of high school and college topics; Providing a web site featuring educa-
`tional and entertainment informationand content in the fields of pop culture, tele-
`vision shows, movies, literature,fiction and non-fiction books on a variety of top-
`ics, the Internet, computers, music, news, current events, humor, blogs concern-
`ing college life, education andcurrent events, high school life, college life, aca-
`demics, quizzes, computer games and trivia games [; book publishing services;
`Providing on-line information for assisting in selecting and applying to colleges
`and universities; Providing on-line information in the field of college admissions;
`Providing a website thatfeatures information on college life, namely, attending
`college and university with an emphasis on newly enrolled students and activit-
`ies; Computer services, namely, providing on-line study guides inthe field of liter-
`ature. Providing non-downloadable publications in the nature of books, study
`guides and charts on a variety of high school and college-level subjects, namely,
`Math, Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chem-
`istry, Biology, Microbiology, Physics, Astronomy, Computer Science, Geology,
`History, Psychology, Philosophy, Economics, Film, Health, Art History, Lan-
`guage, English, ESL, Sign Language, Spanish, French, Italian, German,
`Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music,
`Marketing, Macroeconomics, Accounting, Mythology, Women's Studies, Soci-
`ology and SAT Test Prep ]
`
`U.S. registration
`no.
`
`6672591
`
`Register
`
`Principal
`
`Application date
`
`06/18/2019
`
`Registration date
`
`03/15/2022
`
`Foreign priority
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`SPARKTEACH
`
`date
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Nov 30, 2020 First Use In Commerce: Nov 30,
`2020
`Downloadable electronic publications inthe nature of digital files, PDF
`files,e-books, and multimedia files, worksheets, hand-outs, assignments, journ-
`als, activity books, quizzes, tests, study guides, and teacher lesson plans, fea-
`turing educational instruction and information on a variety of elementary, middle-
`school, high school, and college-level educational subjects and topics, namely,
`literature and Shakespeare
`Class 016. First use: First Use: Nov 30, 2021 First Use In Commerce: Nov 30,
`2021
`Educational publications, namely, worksheets, hand-outs, printed assignments,
`journals, activity books, printed quizzes, printed tests, study guides, and teacher
`lesson plans, featuring instruction and information on a variety of elementary,
`middle-school, high school, and college-level educational subjects and topics,
`namely, literature and Shakespeare
`Class 041. First use: First Use: Nov 30, 2021 First Use In Commerce: Nov 30,
`2021
`Educational services, namely, providingonline instruction and information via a
`web sites and information services featuring on-line publications, namely, work-
`sheets, hand-outs, assignments, journals, activity books, quizzes, tests, study-
`guides all on a variety of elementary, middle-school, high school, and college-
`level educational subjects and topics, namely, literature and Shakespeare
`
`U.S. application
`no.
`
`88505261
`
`Application date
`
`07/09/2019
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`SPARKACHIEVE
`
`Foreign priority
`date
`
`NONE
`
`

`

`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Downloadable electronic publications inthe nature of digital files, PDF
`files,e-books, and multimedia files, worksheets, hand-outs, assignments, journ-
`als, activity books, quizzes, tests, study guides, teacher preparation plans,
`teacher testing plans, and teacher lesson plans, featuring educational instruction
`and information on a variety of elementary, middle-school, high school, and col-
`lege-level educational subjects and topics, namely, school and admissions test
`preparation, reading, literature, Shakespeare, Math, Algebra, Calculus, Trigono-
`metry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology, Physics,
`Astronomy,Computer Science, Geology, History, Psychology, Philosophy, Eco-
`nomics, Film, Health, Art History, Language, English, English as a second lan-
`guage, Sign Language, Spanish, French, Italian, German, Hebrew, Japanese,
`Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeco-
`nomics, Accounting, Mythology,Women's Studies, Sociology, and standardized
`educational proficiency examination preparation
`Class 016. First use: First Use: None First Use In Commerce: None
`Educational publications, namely, worksheets, hand-outs, printed assignments,
`journals, activity books, printed quizzes, printed tests, study guides, teacher pre-
`paration plans, teacher testing plans,and teacher lesson plans, featuring instruc-
`tion and information on a variety ofelementary, middle-school, high school,and
`college-level educational subjects and topics, namely, school and admissions
`test preparation, reading, literature,Shakespeare, Math, Algebra, Calculus, Tri-
`gonometry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology,
`Physics, Astronomy, Computer Science, Geology, History, Psychology, Philo-
`sophy, Economics, Film, Health, Art History, Language, English, English as a
`second language, Sign Language, Spanish, French, Italian, German, Hebrew,
`Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing,
`Macroeconomics, Accounting, Mythology, Women's Studies, Sociology, and
`standardized educational proficiency examination preparation
`Class 041. First use: First Use: None First Use In Commerce: None
`Educational services, namely, providingonline instruction and information via a
`web sites and online paid-subscriptioninstruction and information services fea-
`turing on-line non-downloadable publications, namely, worksheets, hand-outs,
`assignments, journals, activity books, quizzes, tests, study guides all on a vari-
`ety of elementary, middle-school, high school, and college-level educational
`subjects and topics, namely, school and admissions test preparation, reading,
`literature, Shakespeare, Math, Algebra, Calculus, Trigonometry, Geometry,
`Chemistry, Organic Chemistry, Biology, Microbiology,Physics, Astronomy, Com-
`puter Science, Geology, History, Psychology, Philosophy,Economics, Film,
`Health, Art History, Language, English, English as a second language, Sign
`Language, Spanish, French, Italian, German, Hebrew, Japanese, Chinese, Lat-
`in, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeconomics, Ac-
`counting, Mythology, Women's Studies, Sociology, and standardized education-
`al proficiency examination preparation
`Class 042. First use: First Use: None First Use In Commerce: None
`Software as a Service (SaaS) services, featuring pre-paid subscription based
`software for use in providing instruction,information and access to online public-
`ations namely, access to worksheets, hand-outs, assignments, journals, activity
`books, quizzes, tests, and study guides all on a variety of elementary, middle-
`school, high school, and college-level educational subjects and topics, namely,
`school and admissions test preparation, reading, literature, Shakespeare, Math,
`Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chemistry, Bio-
`logy,Microbiology, Physics, Astronomy, Computer Science, Geology, History,
`Psychology, Philosophy, Economics, Film, Health, Art History, Language, Eng-
`lish, English as a second language, Sign Language, Spanish, French, Italian,
`
`

`

`German, Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing,
`Music, Marketing, Macroeconomics, Accounting, Mythology, Women's Studies,
`Sociology, and standardized educational proficiency examination preparation
`
`U.S. application
`no.
`
`88505294
`
`Application date
`
`07/09/2019
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`SPARKACHIEVEMENT
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Downloadable electronic publications inthe nature of digital files, PDF
`files,e-books, and multimedia files, worksheets, hand-outs, assignments, journ-
`als, activity books, quizzes, tests, study guides, teacher preparation plans,
`teacher testing plans, and teacher lesson plans, featuring educational instruction
`and information on a variety of elementary, middle-school, high school, and col-
`lege-level educational subjects and topics, namely, school and admissions test
`preparation, reading, literature, Shakespeare, Math, Algebra, Calculus, Trigono-
`metry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology, Physics,
`Astronomy,Computer Science, Geology, History, Psychology, Philosophy, Eco-
`nomics, Film, Health, Art History, Language, English, English as a second lan-
`guage, Sign Language, Spanish, French, Italian, German, Hebrew, Japanese,
`Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeco-
`nomics, Accounting, Mythology,Women's Studies, Sociology, and standardized
`educational proficiency examination preparation
`Class 016. First use: First Use: None First Use In Commerce: None
`Educational publications, namely, worksheets, hand-outs, printed assignments,
`journals, activity books, printed quizzes, printed tests, study guides, teacher pre-
`paration plans, teacher testing plans,and teacher lesson plans, featuring instruc-
`tion and information on a variety ofelementary, middle-school, high school,and
`college-level educational subjects and topics, namely, school and admissions
`test preparation, reading, literature,Shakespeare, Math, Algebra, Calculus, Tri-
`gonometry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology,
`Physics, Astronomy, Computer Science, Geology, History, Psychology, Philo-
`sophy, Economics, Film, Health, Art History, Language, English, English as a
`second language, Sign Language, Spanish, French, Italian, German, Hebrew,
`Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing,
`Macroeconomics, Accounting, Mythology, Women's Studies, Sociology, and
`standardized educational proficiency examination preparation
`Class 041. First use: First Use: None First Use In Commerce: None
`Educational services, namely, providingonline instruction and information via a
`web sites and online paid-subscriptioninstruction and information services fea-
`turing on-line non-downloadable publications, namely, worksheets, hand-outs,
`assignments, journals, activity books, quizzes, tests, study guides all on a vari-
`
`

`

`ety of elementary, middle-school, high school, and college-level educational
`subjects and topics, namely, school and admissions test preparation, reading,
`literature, Shakespeare, Math, Algebra, Calculus, Trigonometry, Geometry,
`Chemistry, Organic Chemistry, Biology, Microbiology,Physics, Astronomy, Com-
`puter Science, Geology, History, Psychology, Philosophy,Economics, Film,
`Health, Art History, Language, English, English as a second language, Sign
`Language, Spanish, French, Italian, German, Hebrew, Japanese, Chinese, Lat-
`in, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeconomics, Ac-
`counting, Mythology, Women's Studies, Sociology, and standardized education-
`al proficiency examination preparation
`Class 042. First use: First Use: None First Use In Commerce: None
`Software as a Service (SaaS) services, featuring pre-paid subscription based
`software for use in providing instruction,information and access to online public-
`ations namely, access to worksheets, hand-outs, assignments, journals, activity
`books, quizzes, tests, and study guides all on a variety of elementary, middle-
`school, high school, and college-level educational subjects and topics, namely,
`school and admissions test preparation, reading, literature, Shakespeare, Math,
`Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chemistry, Bio-
`logy,Microbiology, Physics, Astronomy, Computer Science, Geology, History,
`Psychology, Philosophy, Economics, Film, Health, Art History, Language, Eng-
`lish, English as a second language, Sign Language, Spanish, French, Italian,
`German, Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing,
`Music, Marketing, Macroeconomics, Accounting, Mythology, Women's Studies,
`Sociology, and standardized educational proficiency examination preparation
`
`U.S. application
`no.
`
`88453203
`
`Application date
`
`05/30/2019
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`LENSLESSONS
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Downloadable electronic publications inthe nature of digital files, PDF
`files,e-books, electronic documents, digital audio files, digital video files, digital
`animation files, podcast files, multimedia files, worksheets, hand-outs, assign-
`ments, journals, activity books, quizzes, tests, study guides, teacher lesson
`plans, and eCourses featuring educationalinstruction and information on a vari-
`ety of elementary, middle-school, high school, and college-level educational
`subjects and topics, namely, reading, literature, Shakespeare, math, algebra,
`calculus, trigonometry, geometry, chemistry, organic chemistry, biology, microbi-
`ology, physics, astronomy, computer science, geology, history, psychology,
`philosophy, economics, film, health, art history, language, English, English as a
`second language, sign language, Spanish, French, Italian, German, Hebrew, Ja-
`panese, Chinese, Latin, law, anatomy, medicine, nursing, music, marketing,
`
`

`

`macroeconomics, accounting, mythology, women's studies, sociology and
`standardized educational proficiency examination preparation
`Class 016. First use: First Use: None First Use In Commerce: None
`Educational publications, namely, worksheets, hand-outs, printed assignments,
`journals, activity books, printed quizzes, printed tests, study guides, and teacher
`lesson plans, featuring instruction and information on a variety of elementary,
`middle-school, high school, and college-level educational subjects and topics,
`namely, reading, literature, Shakespeare, math, algebra, calculus, trigonometry,
`geometry, chemistry, organic chemistry, biology, microbiology, physics, astro-
`nomy, computer science, geology, history, psychology, philosophy, economics,
`film, health, art history, language, English, English as a second language, sign
`language, Spanish, French, Italian, German, Hebrew, Japanese, Chinese, Latin,
`law,anatomy, medicine, nursing, music, marketing, macroeconomics, account-
`ing, mythology, women's studies, sociology and standardized educational profi-
`ciency examination preparation
`Class 041. First use: First Use: None First Use In Commerce: None
`Educational services, namely, providingonline instruction and information via a
`web site on a variety of elementary, middle-school, high school, and college-
`level educational subjects and topics, namely, reading, literature, Shakespeare,
`math, algebra, calculus, trigonometry, geometry, chemistry, organic chemistry,
`biology, microbiology, physics, astronomy, computer science, geology, history,
`psychology, philosophy, economics, film, health, art history, language, English,
`English as a second language, sign language, Spanish, French, Italian, German,
`Hebrew, Japanese, Chinese, Latin, law, anatomy, medicine, nursing, music,
`marketing, macroeconomics, accounting, mythology, women's studies, sociology
`and standardized educational proficiency examination preparation
`
`Attachments
`
`75943989#TMSN.png( bytes )
`77253496#TMSN.png( bytes )
`76245085#TMSN.png( bytes )
`77127212#TMSN.png( bytes )
`85562439#TMSN.png( bytes )
`88478230#TMSN.png( bytes )
`88505261#TMSN.png( bytes )
`88505294#TMSN.png( bytes )
`88453203#TMSN.png( bytes )
`Notice of Opposition - BE THAT SPARK - 90059607 - TTAB SERVICE COPY -
`June 22 2022.pdf(4714900 bytes )
`
`Signature
`
`/tjbraverman/
`
`Name
`
`Date
`
`TODD BRAVERMAN, ESQ.
`
`06/29/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL TTAB
`
`
`Opposer,
`
`v.
`
`
`Opposition No. _________
`
`BE THAT SPARK
`
`U.S. Trademark Application
`Serial No. 90059607
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
`:
`
`:
`SPARKNOTES LLC,
`
`:
`:
`
`:
`
`:
`
`:
`:
`:
`:
`:
`:
`:
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
`
`
`NOTICE OF OPPOSITION
`
`
`
`
`
`ZUROAM MEDIA,
`
`
`
`Applicant.
`
`SPARKNOTES LLC, a New York limited liability company, having its principal
`
`place of business located at 33 East 17th Street, New York, NY 10003, (hereinafter,
`
`“Opposer” or “SPARKNOTES”) believes that it will be damaged by registration of the
`
`mark “BE THAT SPARK,” as shown below and in U.S. Trademark Application Serial
`
`No. 90059607, filed on July 17, 2020, by ZUROAM MEDIA, a Texas Limited Liability
`
`Company, located at 5601 Windmier Circle, Dallas, TX 75252 (hereinafter, the
`
`“Applicant” or “BE THAT SPARK”) and hereby opposes the same under