Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1236504
`09/19/2022
`
`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
`
`Eden Foods, Inc.
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`09/17/2022
`
`701 TECUMSEH ROAD
`CLINTON, MI 49236
`UNITED STATES
`
`CHRISTOPHER KELLY
`WILEY REIN LLP
`2050 M STREET NW
`WASHINGTON, DC 20036
`UNITED STATES
`Primary email: ckelly@wiley.law
`Secondary email(s): akosak@wiley.law, bdavis@wiley.law, tmdocket@wiley.law
`2027197000
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`90901489
`
`Opposition filing
`date
`
`Applicant
`
`09/19/2022
`
`Publication date
`
`07/19/2022
`
`Opposition period
`ends
`
`09/17/2022
`
`EdenThistle Land Stewardship Co.
`9 HIGHWAY 157
`LOOKOUT MOUNTAIN, GA 30750
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 035. First Use: Jul 10, 2013 First Use In Commerce: Jul 10, 2013
`All goods and services in the class are opposed, namely: Wholesale and retail store services featur-
`ing dog jerky and dog treats
`
`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.
`
`1440754
`
`Register
`
`Principal
`
`Application date
`
`03/28/1986
`
`

`

`Registration date
`
`05/26/1987
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDENSOY
`
`NONE
`
`Class 029. First use: First Use: Jul 1983 First Use In Commerce: Jul 1983
`SOYBEAN BASED FOOD BEVERAGE
`
`U.S. registration
`no.
`
`1452337
`
`Register
`
`Principal
`
`Registration date
`
`08/11/1987
`
`Application date
`
`09/21/1981
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDEN
`
`NONE
`
`Class 029. First use: First Use: Mar 1967 First Use In Commerce: Nov 1969
`[ MAYONNAISE; ] PICKLED PLUMS; PROCESSED AND UNPROCESSED
`DRIED FRUITS; PROCESSED NUTS; PROCESSED SEEDS; VEGETABLE
`OILS;NAMELY, [CORN OIL,] OLIVE OIL, SAFFLOWER OIL, SESAME OIL; [
`FRUIT JAMS AND FRUIT MARMALADES; PEANUT BUTTER; ] SNACK
`FOODS CONSISTING OF PROCESSED NUTS, PROCESSED SEEDS AND
`DRIED FRUITS
`Class 030. First use: First Use: Mar 1967 First Use In Commerce: Nov 1969
`PROCESSED GRAINS, NAMELY, [CORN MEAL,] [ TRITCALE FLOUR, ] [SOY
`FLOUR, CHICKPEAFLOUR, BARLEY FLOUR,] WHEAT FLOUR, BUCK-
`WHEAT FLOUR, MILLET FLOUR, RICE FLOUR, RYE FLOUR; PASTA,
`NAMELY, WHEAT NOODLES, [WHEAT AND EGG NOODLES, WHEAT AND
`SOY NOODLES,] WHEAT AND SPINACH NOODLES, WHEATAND BUCK-
`WHEAT NOODLES, [ SOY BEAN PASTA; ] SOY SAUCE; [ WHEAT BRAN;
`WHEAT GERM;] BARLEY MALT SYRUP FOR TABLE USE; [ MAPLE TABLE
`SYRUP; HONEY; MOLASSES; CANDY;] VINEGAR; MUSTARD; TOMATO
`BASED SPAGHETTI SAUCE; SEA SALT FOR TABLE USE; BEVERAGE CON-
`SISTING OF TEA AND HERBS [ ; BREAKFAST CEREALS CONSISTING
`PRIMARILY OF PROCESSED AND PARTIALLY PROCESSED GRAINS,
`SEEDS AND NUTS ]
`Class 031. First use: First Use: Mar 1967 First Use In Commerce: Nov 1969
`UNPROCESSED BEANS, NAMELY, ADUKI, BLACKTURTLE BEANS, [ CRAN-
`BERRY BEANS, ] KIDNEY BEANS, GREAT NORTHERN BEANS, GREEN
`LENTILS,[ MUNG BEANS,] NAVY BEANS, PINTO BEANS, SOY BEANS; UN-
`PROCESSED PEAS, NAMELY, CHICKPEAS, [SPLIT PEAS;] UNPROCESSED
`NUTS; UNPROCESSED EDIBLE SEEDS; UNPROCESSED GRAINS, NAMELY
`BARLEY, RICE, [ RYE, TRITICALE, ] WHEAT, BUCKWHEAT AND MILLET;
`UNPROCESSED CORN AND UNPOPPED POPCORN;UNPROCESSED SEA
`VEGETABLES, NAMELY SEA WEED
`Class 032. First use: First Use: Mar 1967 First Use In Commerce: Nov 1969
`[ Fruit Juices ]
`
`U.S. registration
`no.
`
`1862634
`
`Register
`
`Principal
`
`Application date
`
`03/29/1993
`
`

`

`Registration date
`
`11/15/1994
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDEN
`
`NONE
`
`Class 029. First use: First Use: 1987 First Use In Commerce: 1987
`vegetable oils, crushed tomatoes, sauerkraut, and processed can beans
`Class 030. First use: First Use: 1975 First Use In Commerce: 1975
`pasta; pizza sauce; teas; crackers; chips; misos; and condiments; namely, mus-
`tard, sea salt, processed sesame seeds, garlic pastes, furikake, pickled beef-
`steakleaf powder, bonito flakes, pickled ginger, tekka, wasabi powder, tamari,
`and shoyu
`Class 031. First use: First Use: 1978 First Use In Commerce: 1978
`unprocessed grains; namely, barley, wheat, and quinoa
`
`U.S. registration
`no.
`
`2272652
`
`Register
`
`Principal
`
`Registration date
`
`08/24/1999
`
`Application date
`
`12/12/1996
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDEN ORGANIC
`
`NONE
`
`Class 029. First use: First Use: Jan 1996 First Use In Commerce: Jan 1996
`vegetable oils; [ processed vegetables;soybean based food beverages; soybean
`based misos; nut and fruit butters; ] processed nuts; processed edible seeds;
`processed mixture consisting of any combination of fruits, nuts and seeds; [ ve-
`getable chips; ] and dried fruits
`Class 030. First use: First Use: Jan 1996 First Use In Commerce: Jan 1996
`[ tea; sugar; ] rice; pasta and noodles; [ flour; ] breakfast cereals; [ honey;syrup
`for table use; candy; salt; mustard; ]vinegar; [ sauces, namely, pizza and spa-
`ghetti sauces, ] soy sauce [ ; processed grains; rice and grain based food bever-
`ages; herbal food beverages; seasonings, namely, processed sesame seeds,
`garlic pastes, furikake, pickled beefsteakleaf powder, bonito flakes, pickled
`ginger, tekka, wasabi powder; crackers; brown rice chips; granola ]
`Class 031. First use: First Use: Jan 1996 First Use In Commerce: Jan 1996
`[ unprocessed fruits, unprocessed vegetables, unprocessed grains, unpro-
`cessed nuts and unprocessed edible seeds ]
`Class 032. First use: First Use: Nov 1997 First Use In Commerce: Nov 1997
`[ fruit juices; beverage concentrates for use in making non-alcoholic soft drinks ]
`
`U.S. registration
`no.
`
`2229053
`
`Register
`
`Principal
`
`Registration date
`
`03/02/1999
`
`Word mark
`
`Design mark
`
`EDEN
`
`Description of
`
`NONE
`
`Application date
`
`05/22/1998
`
`Foreign priority
`date
`
`NONE
`
`

`

`mark
`
`Goods/services
`
`Class 029. First use: First Use: Mar 1967 First Use In Commerce: Nov 1969
`FRUIT BUTTER AND FRUIT SAUCE
`Class 032. First use: First Use: Mar 1967 First Use In Commerce: Nov 1969
`FRUIT JUICES
`
`U.S. registration
`no.
`
`2503977
`
`Register
`
`Principal
`
`Registration date
`
`11/06/2001
`
`Word mark
`
`Design mark
`
`EDEN
`
`Application date
`
`10/18/2000
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Jul 1983 First Use In Commerce: Jul 1983
`dietary food supplements, namely, edible Kombu root seaweed, [ garlic balls ]
`and ume plum concentrate
`
`U.S. registration
`no.
`
`2905671
`
`Register
`
`Principal
`
`Registration date
`
`11/30/2004
`
`Word mark
`
`Design mark
`
`EDENEWS
`
`Application date
`
`04/18/2003
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 016. First use: First Use: Oct 1999 First Use In Commerce: Oct 1999
`NEWSLETTERS IN THE FIELD OF FOOD AND FOOD-RELATED TOPICS,
`NUTRITION, HEALTH ANDDIET, FARMING AND AGRICULTURAL AND EN-
`VIRONMENTAL ISSUES
`
`

`

`U.S. registration
`no.
`
`2977773
`
`Register
`
`Principal
`
`Registration date
`
`07/26/2005
`
`Word mark
`
`Design mark
`
`EDEN
`
`Application date
`
`10/22/2003
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 030. First use: First Use: Feb 18, 2005 First Use In Commerce: Feb 18,
`2005
`Processed popcorn for popping
`
`U.S. registration
`no.
`
`3071337
`
`Register
`
`Principal
`
`Registration date
`
`03/21/2006
`
`Word mark
`
`Design mark
`
`EDEN FOODS
`
`Application date
`
`10/05/2001
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 029. First use: First Use: 1975 First Use In Commerce: 1975
`vegetable oils; processed vegetables; soybean based food beverages; soybean
`based misos; nut and fruit butters; processed nuts; processed edible seeds; pro-
`cessed mixture consisting of any combinationof fruits, nuts and seeds; vegetable
`chips and dried fruits
`Class 030. First use: First Use: 1975 First Use In Commerce: 1975
`tea; sugar; rice; pasta and noodles; flour; breakfast cereals; honey; syrup fort-
`
`

`

`able use; candy; salt; mustard; vinegar; sauces, namely, pizza and spaghetti
`sauces, soy sauce; processed grains; riceand grain based food beverages;
`herbal food beverages; seasonings, namely, processed sesame seeds, garlic
`pastes, furikake, pickled beefsteak leaf powder, bonito flakes, pickled ginger,
`tekka, wasabipowder; crackers; brown rice chips; andgranola
`Class 031. First use: First Use: 1978 First Use In Commerce: 1978
`unprocessed fruits, unprocessed vegetables, unprocessed grains, unprocessed
`nuts and unprocessed edible seeds
`
`U.S. registration
`no.
`
`4065063
`
`Register
`
`Principal
`
`Registration date
`
`12/06/2011
`
`Word mark
`
`Design mark
`
`EDEN
`
`Application date
`
`05/08/2009
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 043. First use: First Use: Dec 2004 First Use In Commerce: Dec 2004
`Providing recipes and information in the field of cooking and food preparation
`Class 044. First use: First Use: Dec 2004 First Use In Commerce: Dec 2004
`Providing information in the field of health, nutrition, diet, beauty and organic
`farming techniques
`
`U.S. registration
`no.
`
`4171490
`
`Register
`
`Principal
`
`Registration date
`
`07/10/2012
`
`Application date
`
`11/14/2011
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDENEWS
`
`NONE
`
`Class 009. First use: First Use: Jan 2006 First Use In Commerce: Jan 2006
`downloadable electronic newsletters in the field of food and food-related topics,
`nutrition, heath and diet, farming and agricultural and environmental issues
`
`U.S. registration
`no.
`
`4264567
`
`Register
`
`Principal
`
`Registration date
`
`12/25/2012
`
`Application date
`
`05/14/2012
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDEN STORE
`
`NONE
`
`Class 035. First use: First Use: Feb 1, 2012 First Use In Commerce: Feb 1,
`2012
`retail and on-line store featuring foodand beverage products
`
`U.S. registration
`no.
`
`4264570
`
`Register
`
`Principal
`
`Registration date
`
`12/25/2012
`
`Word mark
`
`Design mark
`
`EDEN
`
`Application date
`
`05/14/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Feb 1, 2012 First Use In Commerce: Feb 1,
`2012
`retail and on-line store featuring foodand beverage products
`
`U.S. registration
`no.
`
`4272392
`
`Register
`
`Principal
`
`Registration date
`
`01/08/2013
`
`Word mark
`
`EDEN ORGANIC
`
`Application date
`
`07/11/2012
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of curved bars in a circle and "EDEN" underlined.
`
`Class 029. First use: First Use: 1987 First Use In Commerce: 1987
`Organic processed beans; organic processed fruits
`Class 030. First use: First Use: Jun 2005 First Use In Commerce: Jun 2005
`Organic food seasonings; organic popcorn, organic tea; organic food starches;
`organic food flavorings
`
`U.S. registration
`no.
`
`4272393
`
`Register
`
`Principal
`
`Registration date
`
`01/08/2013
`
`Application date
`
`07/12/2012
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDEN FOODS
`
`NONE
`
`Class 029. First use: First Use: 1987 First Use In Commerce: 1987
`processed beans; processed fruits; processed tomatoes
`Class 030. First use: First Use: Jun 2005 First Use In Commerce: Jun 2005
`crackers; entrees and side dishes consisting primarily of rice and beans
`
`U.S. registration
`no.
`
`4336312
`
`Register
`
`Principal
`
`Registration date
`
`05/14/2013
`
`Word mark
`
`EDEN RECIPES
`
`Application date
`
`07/27/2012
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Feb 2, 2011 First Use In Commerce: Feb 2,
`2011
`downloadable software in the nature of an application for obtaining news and in-
`formation in the field of food and food related topics, nutrition, health and diet
`and related textual, audio and video content on mobile and stationary electronic
`devices
`
`U.S. registration
`no.
`
`4431041
`
`Register
`
`Principal
`
`Registration date
`
`11/12/2013
`
`Word mark
`
`Design mark
`
`EDEN
`
`Application date
`
`08/28/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 003. First use: First Use: 1975 First Use In Commerce: 1975
`tooth powder
`Class 005. First use: First Use: 1975 First Use In Commerce: 1975
`dietary food supplements and nutritional supplement concentrates
`Class 021. First use: First Use: Jun 1995 First Use In Commerce: Jun 1995
`sushi mats
`Class 029. First use: First Use: 1975 First Use In Commerce: 1975
`processed vegetables; chili; processed mushrooms; raisins; tofu; vegetable
`based food beverages; prepared entrees consisting primarily of beans with rice
`and other side dishes; Umeboshi plum paste
`Class 030. First use: First Use: 1975 First Use In Commerce: 1975
`grain based food beverages; natural food sweeteners; arrowroot for use as a
`food thickener; rice; Ponzu sauce; preparedentrees consisting primarily of rice
`with beans and other side dishes; edible spices
`
`

`

`Class 032. First use: First Use: 1975 First Use In Commerce: 1975
`concentrates for making non-alcoholic beverages
`Class 033. First use: First Use: 1990 First Use In Commerce: 1990
`cooking wine
`
`U.S. registration
`no.
`
`5189572
`
`Register
`
`Principal
`
`Registration date
`
`04/25/2017
`
`Application date
`
`07/18/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDEN
`
`NONE
`
`Class 029. First use: First Use: Apr 2016 First Use In Commerce: Apr 2016
`instant miso soup
`Class 030. First use: First Use: May 2014 First Use In Commerce: May 2014
`muesli
`
`U.S. registration
`no.
`
`5189573
`
`Register
`
`Principal
`
`Registration date
`
`04/25/2017
`
`Application date
`
`07/18/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDEN FOODS
`
`NONE
`
`Class 029. First use: First Use: Apr 2016 First Use In Commerce: Apr 2016
`instant miso soup
`
`U.S. registration
`no.
`
`5608452
`
`Register
`
`Principal
`
`Registration date
`
`11/13/2018
`
`Word mark
`
`EDEN
`
`Application date
`
`11/21/2017
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the literal element "EDEN" beneath a fiddle-
`fern-in-circledesign.
`
`Class 029. First use: First Use: Jan 2018 First Use In Commerce: Jan 2018
`Tahini and black sesame butter
`
`U.S. registration
`no.
`
`6138923
`
`Register
`
`Principal
`
`Registration date
`
`09/01/2020
`
`Application date
`
`09/13/2017
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDEN
`
`NONE
`
`Class 029. First use: First Use: Nov 2008 First Use In Commerce: Nov 2008
`gift baskets and bags primarily containing soup and also including a ceramic
`soup cup; gift baskets and bags primarily containing fruit butters, fruit sauces
`and dried fruits; processed seeds for snacking; processed beans
`Class 030. First use: First Use: Nov 2008 First Use In Commerce: Nov 2008
`gift baskets and bags primarily containing tea powder and also including a
`whisk, spoon and bowl; gift baskets and bagsprimarily containing organic teas
`and also including an infuser spoon and mug; gift baskets and bags primarily
`containing popcorn and also including a popcorn bowl; pasta and pasta sauce;
`processed seeds for use as seasoning; condiments, namely, ketchup, mustard,
`and mayonnaise
`
`U.S. registration
`no.
`
`6637479
`
`Register
`
`Principal
`
`Registration date
`
`02/08/2022
`
`Application date
`
`03/15/2021
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`EDEN FOODS
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 018. First use: First Use: Jan 2004 First Use In Commerce: Jan 2004
`Canvas shopping bags; Tote bags
`Class 021. First use: First Use: Jan 2004 First Use In Commerce: Jan 2004
`Lunch bags not of paper
`
`U.S. registration
`no.
`
`3102575
`
`Register
`
`Principal
`
`Registration date
`
`06/13/2006
`
`Application date
`
`04/18/2003
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Attachments
`
`EDEN
`
`NONE
`
`Class 029. First use: First Use: Jun 28, 2002 First Use In Commerce: Jun 28,
`2002
`dried cherries
`
`76150542#TMSN.png( bytes )
`76508343#TMSN.png( bytes )
`76553947#TMSN.png( bytes )
`76321613#TMSN.png( bytes )
`77732286#TMSN.png( bytes )
`85624703#TMSN.png( bytes )
`85673703#TMSN.png( bytes )
`85688791#TMSN.png( bytes )
`85715085#TMSN.png( bytes )
`87692845#TMSN.png( bytes )
`90579206#TMSN.png( bytes )
`EDENTHISTLE Notice of Opposition.pdf(190457 bytes )
`Exhibit A.pdf(3314015 bytes )
`
`Signature
`
`/Christopher Kelly/
`
`Name
`
`Date
`
`CHRISTOPHER KELLY
`
`09/19/2022
`
`

`

` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`EDEN FOODS, INC.,
`
`
`Opposer,
`
`
`
`v.
`
`
`EDENTHISTLE LAND STEWARDSHIP
`CO.
`
`
`Applicant.
`
`)
`)
`) NOTICE OF OPPOSITION
`)
`) Opposition No.: ______________
`)
`)
`)
`)
`)
`
`NOTICE OF OPPOSITION
`
`Eden Foods, Inc., a Michigan corporation, with principal offices located at 701 Tecumseh
`
`Road, Clinton, Michigan 49236 (“Opposer” or “Eden Foods”), hereby opposes registration of
`
`application Ser. No. 90/901,489 – EDENTHISTLE for “Wholesale and retail store services
`
`featuring dog jerky and dog treats” in International Class 035, filed by applicant Edenthistle Land
`
`Stewardship Co. (“Applicant”).
`
`The application was published for opposition in the Official Gazette dated July 21,
`
`2022. Opposer filed for and was granted an extension of time to oppose the application to
`
`September 17, 2022.
`
`Opposer will be damaged by registration of the application. The grounds for opposition
`
`are as follows:
`
`1.
`
`Opposer is a leading producer of many award winning natural and organic products
`
`under a family of trademarks consisting in whole or part of the brand name EDEN.
`
`2.
`
`Opposer adopted and commenced use of EDEN as a trademark in the 1960s and
`
`has used the EDEN name, alone and in combination with other wording, without interruption to
`
`the present day.
`
` 
`
` 
`
`

`

`3.
`
`Opposer’s adoption, use and registration use of EDEN occurred well prior to the
`
`filing date of the opposed application.
`
`4.
`
`Opposer currently offers approximately 300 food and beverage products under the
`
`EDEN name, and is constantly developing new products. Opposer’s products are healthy, natural
`
`products, and are not specifically limited to human consumption.
`
`5.
`
`Opposer’s EDEN brand products are available throughout the United States
`
`through virtually all types of merchandising outlets, including, without limitation, national and
`
`regional supermarket chains, local grocery stores, food cooperatives, health food stores,
`
`convenience stores, department store, mail order outlets, and online retailers.
`
`6.
`
`Opposer’s EDEN brand products are sold to local, regional and national distributors
`
`for resale to retail outlets; to institutional purchasers; directly to retail outlets for resale to
`
`consumers; and directly to consumers.
`
`7.
`
`Opposer offers its own retail services, through both brick-and-mortar retail and
`
`ecommerce on its website found at <edenfoods.com>. Opposer’s many food and beverage
`
`products are available through Opposer’s retail services.
`
`8.
`
`Opposer advertises and promotes its EDEN brand products extensively, including
`
`in printed publications, distribution of recipes and printed promotional materials and via the
`
`Internet, including through such social networking sites as Facebook, Pinterest, Twitter and
`
`Instagram. Opposer’s EDEN brand products also are the subject of much favorable, unsolicited
`
`publicity.
`
`9.
`
`Opposer and its products also have received numerous awards for quality and
`
`excellence and other favorable recognition.
`
` 
`
`2
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`10.
`
`Over the years—and long prior to the filing date of the opposed application—
`
`Opposer has developed and adopted many EDEN formative marks, including, but not limited to,
`
`EDEN, EDEN FOODS, EDENEWS and EDEN RECIPES (collectively the “EDEN Marks”).
`
`11.
`
`Opposer uses the EDEN formative marks as word marks, as well as in particular
`
`stylizations, and at times accompanied by a design of fern fronds, e.g.:
`
`
`
`12.
`
`Based on Opposer’s extensive, exclusive and continuous use of the EDEN Marks
`
`for its goods and services, the maintenance of premium quality standards, and Opposer’s efforts
`
`to protect its rights in the EDEN Marks, Opposer’s EDEN Marks have come to be widely and
`
`favorably known among the consuming public as designators of origin with respect to Opposer’s
`
`goods and services.
`
`13.
`
`The strength of Opposer’s EDEN Marks has been recognized by the Trademark
`
`Trial and Appeal Board in numerous decisions, including the following:
`
` Eden Foods, Inc. v. Ficel Marketing Corp., Opp. No. 91/107,487 (June 28,
`2000): Opposer successfully opposed registration of the designation EDAN
`VALLEY for a variety of products, including non-alcoholic beverages.
`
` 
`
` Eden Foods, Inc. v. Thomas Brenkwitz, d/b/a Brenkwitz Farms, Opp. No.
`91/151,474 (June 16, 2005): Opposer successfully opposed registration of the
`designation EDEN GARDEN & Design for fruit products. The Board
`recognized Opposer’s family of EDEN marks and found EDEN strong and
`entitled to a broad scope of protection.
`
` Eden Foods, Inc. v. Kelly Biensen, Opp. No. 91/202,409 (May 20,
`2016): Opposer successfully opposed registration of the designation EDEN
`FARMS NATURALLY GOOD FOOD for pork. The Board again found
`Opposer’s EDEN marks strong and entitled to a broad scope of protection.
`
`3
`
`
`
` 
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`

`

`
`
`
`14.
`
` Eden Foods, Inc. v. Greater Creators, Opp. No. 91/240,703 (September 11,
`2020): Opposer successfully challenged registration of the designation CAKES
`OF EDEN for cake decorating sets, mixing bowls and pans. The Board
`reiterated its past findings with respect to the strength of Opposer’s EDEN
`marks.
`
`Opposer successfully enforces its trademark rights in the EDEN Marks not only
`
`against food, beverage and dietary products and within the broader foodservice industry, but also
`
`against other, related products and services, including, for example, botanical medicines, herbal
`
`supplements, shampoos and beauty products, weight reduction and wellness services, cooking
`
`shows, blogs and websites related to health and nutrition, beauty salons, day spas, health food
`
`stores, educational services related to healthy eating and diet, information services relating to diet
`
`and weight loss, fertilizers and kitchenware and household goods.
`
`15.
`
`Opposer is the owner of a family of registered marks consisting in whole or part of
`
`the word EDEN, including the following:
`
`(a)
`
`(b)
`
`
`
`Reg. No. 1,440,754 – EDENSOY for soybean-based food beverages,
`registered on the Principal Register May 26, 1987.
`
`Reg. No. 1,452,337 – EDEN for pickled plums; processed and unprocessed
`dried fruits; processed nuts; processed seeds; vegetable oils; namely, olive
`oil, safflower oil, sesame oil; snack foods consisting of processed nuts,
`processed seeds and dried fruits; processed grains, namely, wheat flour,
`buckwheat flour, millet flour, rice flour, rye flour; pasta, namely, wheat
`noodles, wheat and spinach noodles, wheat and buckwheat noodles; soy
`sauce; barley malt syrup for table use; vinegar; mustard; tomato based
`spaghetti sauce; sea salt for table use; beverage consisting of tea and herbs;
`unprocessed beans, namely, aduki, black turtle beans, kidney beans, great
`northern beans, green lentils, navy beans, pinto beans, soy beans;
`unprocessed peas, namely, chickpeas, unprocessed nuts; unprocessed edible
`seeds; unprocessed grains, namely barley, rice, wheat, buckwheat and
`millet; unprocessed corn and unpopped popcorn; unprocessed sea
`vegetables, namely sea weed, registered on the Principal Register August
`11, 1987.
`
`
`(c)
`
`Reg. No. 1,862,634 – EDEN for vegetable oils, crushed tomatoes,
`sauerkraut, and processed canned beans; pasta; pizza sauce; teas; crackers;
`
` 
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`4
`
`

`

`chips; misos; and condiments; namely, mustard, sea salt, processed sesame
`seeds, garlic pastes, furikake, pickled beefsteak leaf powder, bonito flakes,
`pickled ginger, tekka, wasabi powder, tamari, and shoyu; unprocessed
`grains; namely, barley, wheat and quinoa, registered on the Principal
`Register November 15, 1994.
`
`Reg. No. 2,272,652 – EDEN ORGANIC for processed nuts; processed
`edible seeds; processed mixture consisting of any combination of fruits,
`nuts and seeds; dried fruits; rice; pasta and noodles; breakfast cereals;
`vinegar; and soy sauce, registered on the Principal Register August 24,
`1999.
`
`Reg. No. 2,229,053 – EDEN for fruit butter, fruit sauce and fruit juices,
`registered on the Principal Register March 2, 1999.
`
`Reg. No. 2,503,977 – EDEN for dietary food supplements, namely, edible
`kombu root seaweed, ume plum concentrate, registered on the Principal
`Register November 6, 2001.
`
`Reg. No. 2,905,671 – EDENEWS for newsletters in the field of food and
`food related topics, nutrition, health and diet, farming and agricultural and
`environmental issues, registered on the Principal Register November 30,
`2004.
`
`Reg. No. 2,977,773 – EDEN for processed popcorn for popping, registered
`on the Principal Register July 26, 2005.
`
`Reg. No. 3,071,337 – EDEN FOODS for vegetable oils; processed
`vegetables; soybean based food beverages; soybean based misos; nut and
`fruit butters; processed nuts; processed edible seeds; processed mixture
`consisting of any combination of fruits, nuts and seeds; vegetable chips and
`dried fruits; tea; sugar; rice; pasta and noodles; flour; breakfast cereals;
`honey; syrup for table use; candy; salt; mustard; vinegar; sauces, namely,
`pizza and spaghetti sauces, soy sauce; processed grains; rice and grain based
`food beverages; herbal food beverages; seasonings, namely, processed
`sesame seeds, garlic pastes, furikake, pickled beefsteak leaf powder, bonito
`flakes, pickled ginger, tekka, wasabi powder; crackers; brown rice chips;
`and granola, registered on the Principal Register March 21, 2006.
`
`Reg. No. 3,102,575 – EDEN for dried cherries, registered on the Principal
`Register June 13, 2006.
`
`Reg. No. 4,065,063 – EDEN for providing recipes and information in the
`field of cooking and food preparation; providing information in the field of
`health, nutrition, diet, beauty and organic farming techniques, registered on
`the Principal Register December 6, 2011.
`
`
`(d)
`
`(e)
`
`
`(f)
`
`
`(g)
`
`
`(h)
`
`
`(i)
`
`
`(j)
`
`
`(k)
`
` 
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`
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`

`
`(l)
`
`Reg. No. 4,171,490 – EDENEWS for downloadable electronic newsletters
`in the field of food and food-related topics, nutrition, health and diet,
`farming and agricultural and environmental issues, registered on the
`Principal Register July 10, 2012.
`
`
`(m) Reg. No. 4,264,567 – EDEN STORE for retail and on-line store featuring
`food and beverage products, registered on the Principal Register December
`25, 2012.
`
`
`(n)
`
`
`(o)
`
`
`(p)
`
`(q)
`
`
`(r)
`
`
`(s)
`
`
`(t)
`
`
`(u)
`
`Reg. No. 4,264,570 – EDEN for retail and on-line store featuring food and
`beverage products, registered on the Principal Register December 25, 2012.
`
`Reg. No. 4,272,392 – EDEN ORGANIC for Organic processed beans;
`organic processed fruits; organic food seasonings; organic popcorn, organic
`tea; organic food starches; organic food flavorings, registered on the
`Principal Register January 8, 2013.
`
`Reg. No. 4,272,393 – EDEN FOODS for processed beans; processed fruits;
`processed tomatoes; crackers; entrees and side dishes consisting primarily
`of rice and beans, registered on the Principal Register January 8, 2013.
`
`Reg. No. 4,336,312 – EDEN RECIPES for downloadable software in the
`nature of an application for obtaining news and information in the field of
`food and food related topics, nutrition, health and diet and related textual,
`audio and video content on mobile and stationary electronic devices,
`registered on the Principal Register May 14, 2013.
`
`Reg. No. 4,431,041 – EDEN for tooth powder; dietary food supplements
`and nutritional supplement concentrates; sushi mats; processed vegetables;
`chili; processed mushrooms; raisins; tofu; vegetable based food beverages;
`prepared entrees consisting primarily of beans with rice and other side
`dishes; Umeboshi plum paste; grain based food beverages; natural food
`sweeteners; arrowroot for use as a food thickener; rice; Ponzu sauce;
`prepared entrees consisting primarily of rice with beans and other side
`dishes; edible spices; concentrates for making non-alcoholic beverages; and
`cooking wine, registered on the Principal Register November 12, 2013.
`
`Reg. No. 5,189,572 – EDEN for instant miso soup and muesli, registered
`on the Principal Register April 25, 2017.
`
`Reg. No. 5,189,573 – EDEN FOODS for instant miso soup, registered on
`the Principal Register April 25, 2017.
`
`Reg. No. 5,608,452 – EDEN for tahini and black sesame butter, registered
`on the Principal Register November 13, 2018.
`
` 
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`

`(v)
`
`
`(w)
`
`
`Reg. No. 6,138,923 – EDEN for gift baskets and bags primarily containing
`soup and also including a ceramic soup cup; gift baskets and bags primarily
`containing fruit butters, fruit sauces and dried fruits; processed seeds for
`snacking; processed beans and gift baskets and bags primarily containing
`tea powder and also including a whisk, spoon and bowl; gift baskets and
`bags primarily containing organic teas and also including an infuser spoon
`and mug; gift baskets and bags primarily containing popcorn and also
`including a popcorn bowl; pasta and pasta sauce; processed seeds for use as
`seasoning; condiments, namely, ketchup, mustard, and mayonnaise,
`registered on the Principal Register September 1, 2020.
`
`Reg. No. 6,637,479 – EDEN FOODS for canvas shopping bags; tote bags;
`and lunch bags not of paper, registered on the Principal Register February
`8, 2022.
`
`
`Copies of Opposer’s registrations are attached as Exhibit A.
`
`16.
`
`Those of the above-listed registrations more than five years old have become
`
`incontestable and are conclusive evidence of the validity of the registered mark, Opposer’s
`
`ownership thereof and of Opposer’s exclusive right to use the mark as provided by Section 33(b)
`
`of the Federal Trademark Act.
`
`17.
`
`Based on Opposer’s extensive, exclusive and continuous use of its EDEN Marks,
`
`the relevant consuming public has come to recognize the EDEN Marks as being used by Opposer
`
`and to associate and identify the EDEN Marks with Opposer and a diverse array of organic and
`
`natural products. Opposer has obtained and enjoys an exceedingly valuable reputation and
`
`goodwill symbolized by the EDEN Marks.
`
`18.
`
`Opposer’s EDEN Marks are strong and entitled to a broad scope of protection.
`
`19.
`
`The opposed application covers the mark EDENTHISTLE directed to “wholesale
`
`and retail store services featuring dog jerky and dog treats,” and was filed on August 25, 2021.
`
` 
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`

`20.
`
`There is no issue of priority. Opposer has priority over Applicant by virtue of its
`
`longstanding trademark rights that predate not only the filing date but also the alleged date of first
`
`use of Applicant’s mark.
`
`21.
`
`Applicant’s proposed mark wholly incorporates Opposer’s EDEN Marks, and
`
`creates a substantially similar commercial impression.
`
`22.
`
`The services covered in the opposed application are overlapping and/or closely
`
`related to Opposer’s products and services offered under the EDEN Marks.
`
`23.
`
`Because of the similarities between Opposer’s EDEN Marks and Applicant’s mark
`
`and the close relationship between Applicant’s services and Opposer’s goods and services,
`
`members of the public are likely to associate Applicant’s services with Opposer or with Opposer's
`
`EDEN Marks or with Opposer’s EDEN brand products or believe, falsely, that Applicant’s
`
`services are sponsored, endorsed or licensed by Opposer, or that there is some relationship between
`
`Opposer and Applicant.
`
`24.
`
`The designation EDENTHISTLE, when applied to Applicant’s services, is likely
`
`to cause confusion, mistake and to deceive.
`
`25.
`
`Any defect, objection or fault found with Applicant’s services would injure the
`
`exceedingly valuable reputation and goodwill associated with Opposer and its products and
`
`services under Opposer’s EDEN Marks.
`
`26.
`
`EDENTHISTLE is confusingly similar to Opposer’s EDEN Marks so that
`
`registration in this case would be inconsistent with and damaging to Opposer’s prior and exclusive
`
`rights in its EDEN Marks in connection with the goods and services with which they are used.
`
`27.
`
`Opposer will be damaged by registration of EDENTHISTLE.
`
` 
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`8
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`

`

`WHEREFORE, Opposer prays that its opposition be sustained, and that re