Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1267664
`02/22/2023
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Blue Dog Bakery Group, Inc.
`
`Corporation
`
`Citizenship
`
`Delaware
`
`3302 FUHRMAN AVE E, SUITE 202
`SEATTLE, WA 98102
`UNITED STATES
`
`MELINDA S. GIFTOS
`HUSCH BLACKWELL LLP
`33 EAST MAIN STREET, SUITE 300
`MADISON, WI 53703
`UNITED STATES
`Primary email: pto-wis@huschblackwell.com
`Secondary email(s): mindi.giftos@huschblackwell.com,
`mary.wileman@huschblackwell.com, carol.milton@huschblackwell.com
`608-234-6076
`
`Docket no.
`
`825420-32
`
`Applicant information
`
`Application no.
`
`97308995
`
`02/22/2023
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`02/14/2023
`
`Opposition period
`ends
`
`03/16/2023
`
`Shenzhen Redray Biotechnology Corp., Ltd.
`6F, BLDG. NO. 1, NO. 6, JINLONG 1ST ROAD
`BAOLONG INDUSTRIAL AREA, LONGGANG DIST.
`SHENZHEN, GUANGDONG, 518000
`CHINA
`
`Goods/services affected by opposition
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Animal feed additive for use as a nutritional
`supplement for medical purposes; Animal feed additives, namely, enzymes for use in animal feeds to
`assist in digestion; Animal feed supplements; Anti-infective products for veterinary use; Anti-itch
`cream; Antifungal creams for medical use; Bacteriostats for medicinal, dental and veterinary use;
`Balms for medical purposes; Herbal anti-itch and sore skin ointment for pets; Hydrocortisone cream;
`Hydrogel for medical purposes; Medicated supplements for foodstuffs for animals; Pharmaceutical
`preparations for animal skincare; Pharmaceutical products for skin care for animals; Protein supple-
`ments; Vitamins for pets
`
`Class 031. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Animal feed; Animal foodstuffs; Consum-
`able pet chews; Edible pet treats; Flaxseed for animal consumption; Flaxseed meal for animal con-
`sumption; Food for animals; Mixed animal feed; Peanut meal for animals; Pet food
`
`

`

`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.
`
`2376523
`
`Register
`
`Principal
`
`Registration date
`
`08/15/2000
`
`Application date
`
`04/24/1998
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`BLUE DOG BAKERY
`
`NONE
`
`Class 031. First use: First Use: Apr 8, 1998 First Use In Commerce: Apr 8, 1998
`Dog biscuits
`
`U.S. registration
`no.
`
`3699462
`
`Register
`
`Principal
`
`Registration date
`
`10/20/2009
`
`Application date
`
`06/28/2007
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`BLUE DOG BAKERY
`
`NONE
`
`Class 031. First use: First Use: Apr 8, 1998 First Use In Commerce: Apr 8, 1998
`Pet food
`
`U.S. registration
`no.
`
`4312468
`
`Register
`
`Principal
`
`Registration date
`
`04/02/2013
`
`Word mark
`
`BLUE DOG BAKERY
`
`Application date
`
`07/30/2012
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the words "BLUE", "DOG", and "BAKERY" stacked on top
`of each other with the word "BLUE" on top; "DOG" in the middle and "BAKERY"
`on the bottom, all within a shaded square.
`
`Class 031. First use: First Use: Apr 2012 First Use In Commerce: Apr 2012
`Pet food
`
`U.S. registration
`no.
`
`4029031
`
`Register
`
`Principal
`
`Registration date
`
`09/20/2011
`
`Application date
`
`06/28/2007
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`BLUE CAT BAKERY
`
`NONE
`
`Class 031. First use: First Use: Jul 1, 2011 First Use In Commerce: Jul 1, 2011
`Pet food; edible cat treats
`
`Attachments
`
`85690234#TMSN.png( bytes )
`Second RED DOG Notice of Opposition February 22 2023 4853-7891-2594 v
`.1.pdf(179053 bytes )
`
`Signature
`
`/Melinda S. Giftos/
`
`Name
`
`Date
`
`Melinda S. Giftos
`
`02/22/2023
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of trademark application
`Serial No. 97308995, RED DOG (& Design)
`
`BLUE DOG BAKERY GROUP, INC.,
`
`Opposer,
`
`vs.
`
` Opposition No. __________
`
`SHENZHEN REDRAY BIOTECHNOLOGY CORP., LTD.,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Blue Dog Bakery Group, Inc. (“Opposer”), believes that it will be damaged by
`
`registration of the RED DOG (& Design) trademark, as applied for in Application Serial No.
`
`97308995, which has been filed by Shenzhen Redray Biotechnology Corp., Ltd.
`
`(“Applicant”). Opposer therefore opposes the same, pursuant to Section 13(a) of the
`
`Trademark Act of 1946, as amended (the Lanham Act), 15 U.S.C. § 1063(a). The grounds for
`
`opposition are as follows:
`
`A.
`
`The Application and Applied-For Mark:
`
`1.
`
`Upon information and belief, Applicant is a limited liability company
`
`organized under the laws of China, with a business address at CHINA 6F, Bldg. No. 1, No. 6,
`
`Jinlong 1st Road Baolong Industrial Area, Longgang Dist. Shenzhen, Guangdong CHINA
`
`518000.
`
`2.
`
`On March 11, 2022, Applicant filed U.S. Application Serial No. 97308995
`
`(“Application”), for registration of the RED DOG (& Design) trademark for use in connection
`
`with:
`
`

`

`a. Class 5: Animal feed additive for use as a nutritional supplement for medical
`
`purposes; Animal feed additives, namely, enzymes for use in animal feeds to
`
`assist in digestion; Animal feed supplements; Anti-infective products for
`
`veterinary use; Anti-itch cream; Antifungal creams for medical use;
`
`Bacteriostats for medicinal, dental and veterinary use; Balms for medical
`
`purposes; Herbal anti-itch and sore skin ointment for pets; Hydrocortisone
`
`cream; Hydrogel for medical purposes; Medicated supplements for foodstuffs
`
`for animals; Pharmaceutical preparations for animal skincare; Pharmaceutical
`
`products for skin care for animals; Protein supplements; Vitamins for pets
`
`b. Class 31: Animal feed; Animal foodstuffs; Consumable pet chews; Edible pet
`
`treats; Flaxseed meal for animal consumption; Flaxseed for animal
`
`consumption; Food for animals; Mixed animal feed; Peanut meal for animals;
`
`Pet food
`
`("Applied-for mark").
`
`
`
`3.
`
`4.
`
`The Application was filed on an intent-to-use basis.
`
`The Application is currently pending and was published for opposition on
`
`February 14, 2023.
`
`B.
`
`Opposer’s Marks:
`
`5.
`
`Opposer is the owner of all right, title, and interest in and to the BLUE DOG
`
`BAKERY trademark which it has used extensively in connection with the promotion and sale
`
`of pet food, as well as dog treats and biscuits since at least as early as April 8, 1998.
`
`

`

`6.
`
`Opposer is the owner of all right, title, and interest in and to the BLUE CAT
`
`BAKERY trademark which it has used extensively in connection with the promotion and sale
`
`of pet food and edible cat treats since at least as early as July 1, 2011.
`
`7.
`
`Because of the well-known nature and high quality of the goods offered by
`
`Opposer under the BLUE DOG BAKERY and BLUE CAT BAKERY marks (“Opposer’s Marks”),
`
`as well as decades of use of Opposer’s Marks, Opposer has developed substantial good will
`
`in the Opposer’s Marks.
`
`8.
`
`Opposer’s rights in Opposer’s Marks have been recognized and registered by
`
`the United States Patent and Trademark Office (“USPTO”):
`
`a. U.S. Registration No. 2,376,523 for the BLUE DOG BAKERY (& Design)
`
`trademark for dog biscuits in International Class 31;
`
`b. U.S. Registration No. 3,699,462 for the BLUE DOG BAKERY trademark for pet
`
`food in International Class 31; and
`
`c. U.S. Registration No. 4,312,468 for the BLUE DOG BAKERY (& Design)
`
`trademark for pet food in International Class 31;
`
`d. U.S. Registration No. 4,029,031 for the BLUE CAT BAKERY trademark
`
`for pet food and treats in International Class 31;
`
`(collectively “Opposer's Registrations”).
`
`9.
`
`Since long prior to the filing date of Applicant’s Application and Applicant’s
`
`intention to use Applied-for mark, Opposer has continuously and exclusively used Opposer’s
`
`Marks in interstate commerce in connection with the advertising, promotion, and sale of pet
`
`foods and pet treats.
`
`10.
`
`Opposer has spent considerable resources to develop, promote and distribute
`
`its products in connection with Opposer’s Marks over the last twenty+ years.
`
`
`
`

`

`COUNT I – LIKELIHOOD OF CONFUSION – 15 U.S.C. § 1052(d)
`
`11.
`
`Opposer’s Marks are inherently distinctive, strong and entitled to a broad
`
`scope of protection.
`
`12.
`
`Opposer’s Registrations are valid, subsisting and in full force and effect.
`
`13.
`
`All of Opposer’s Registrations have become incontestable pursuant to 15
`
`U.S.C. § 1065.
`
`14.
`
`Opposer has used Opposer’s Marks for more than twenty years since the filing
`
`date of the Application for the Opposed mark, and prior to Applicant’s claimed date of first
`
`use of the Applied-for mark in commerce.
`
`15.
`
`The Applied-for mark is confusingly similar in sight, sound and connotation
`
`to Opposer’s Marks.
`
`16.
`
`The goods of Opposer and Applicant are identical and/or closely related.
`
`17.
`
`Opposer’s goods and Applicant’s goods are or will be sold through the same
`
`channels of trade to the same classes of prospective purchasers.
`
`18.
`
`Upon information and belief, the parties will advertise and promote their
`
`respective goods in the same or similar types of media and other channels of trade.
`
`19.
`
`Applicant is not affiliated with, connected with, or endorsed or sponsored by
`
`Opposer. Opposer has not approved any of the goods offered or sold or offered for sale by
`
`Applicant in connection with the Applied-for mark.
`
`20.
`
`Applicant’s use and registration of the Applied-for mark will injure and damage
`
`Opposer, and the goodwill and value of Opposer’s Marks.
`
`21.
`
`Applicant’s proposed use and registration of the Applied-for mark is likely to
`
`cause confusion, mistake and deception in the minds of the public and will cause damage and
`
`injury to both Opposer and the public. Therefore, the registration of the Applied-for mark
`
`should be denied, inter alia, under Section 2(d) of the Federal Trademark Act.
`
`

`

`
`
`Opposer respectfully requests that this opposition be sustained; that registration of
`
`the Applied-for mark be refused; and for such other and further legal and equitable relief
`
`as may be deemed to be just and proper.
`
`Dated: February 22, 2023
`
`
`
`
`
`
`
`
`
`s/ Melinda S. Giftos
`Melinda S. Giftos
`Wisconsin State Bar No. 1056609
`Attorney for Opposer
`HUSCH BLACKWELL LLP
`33 E. Main Street
`P.O. Box 1379
`Madison, Wisconsin 53701-1379
`Telephone: 608-234-6076
`Email: mindi.giftos@huschblackwell.com
`
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
`I HEREBY CERTIFY that on February 22, 2023, a true and complete copy of this Answer
`
`was filed electronically with the Electronic System for the Trademark Trial and Appeals
`
`(ESTTA) and was emailed to Applicant’s counsel of record at: arzliullc@gmail.com.
`
`
`
`
`
`s/ Melinda S. Giftos
`Melinda S. Giftos
`Wisconsin State Bar No. 1056609
`Attorney for Opposer
`HUSCH BLACKWELL LLP
`33 E. Main Street
`P.O. Box 1379
`Madison, Wisconsin 53701-1379
`Telephone: 608-234-6076
`Fax: 608-255-7138
`Email: mindi.giftos@huschblackwell.com
`
`
`