Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1277435
`04/10/2023
`
`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
`
`Target Brands, Inc.
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`04/12/2023
`
`1000 NICOLLET MALL
`MINNEAPOLIS, MN 55403
`UNITED STATES
`
`JAMES R. STEFFEN
`FAEGRE DRINKER BIDDLE & REATH LLP
`90 SOUTH 7TH STREET
`2200 WELLS FARGO CENTER
`MINNEAPOLIS, MN 55402
`UNITED STATES
`Primary email: trademark@faegredrinker.com
`Secondary email(s): james.steffen@faegredrinker.com,
`claire.plante@faegredrinker.com
`612-766-7000
`
`Docket no.
`
`453258.1397
`
`Applicant information
`
`Application no.
`
`90870646
`
`Opposition filing
`date
`
`Applicant
`
`04/10/2023
`
`AMERICAN GGA CORP
`8600 NW 64TH ST STE 4
`MIAMI, FL 33166
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`12/13/2022
`
`Opposition period
`ends
`
`04/12/2023
`
`Class 009. First Use: Aug 6, 2021 First Use In Commerce: Aug 6, 2021
`All goods and services in the class are opposed, namely: Binoculars; Brackets adapted for setting up
`flat screen TV sets; Microphones
`
`Class 028. First Use: Aug 6, 2021 First Use In Commerce: Aug 6, 2021
`All goods and services in the class are opposed, namely: Roller skates
`
`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.
`
`0845193
`
`Register
`
`Principal
`
`Registration date
`
`02/27/1968
`
`Application date
`
`07/24/1967
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TARGET
`
`NONE
`
`Class 101. First use: First Use: Apr 30, 1962 First Use In Commerce: Apr 30,
`1962
`RETAIL DEPARTMENT STORE, RETAIL GROCERY STORE, RETAIL
`BAKERY, [ PRESCRIPTION COMPOUNDING AND DISPENSING, ] AND RES-
`TAURANT AND SNACK BAR SERVICES
`
`U.S. registration
`no.
`
`0845615
`
`Register
`
`Principal
`
`Registration date
`
`03/05/1968
`
`Application date
`
`07/24/1967
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TARGET
`
`NONE
`
`Class 101. First use: First Use: Apr 30, 1962 First Use In Commerce: Apr 30,
`1962
`RETAIL DEPARTMENT STORE, RETAIL GROCERY STORE, RETAIL
`BAKERY, [ PRESCRIPTION COMPOUNDING AND DISPENSING ] AND RES-
`TAURANT AND SNACK BAR SERVICES
`
`U.S. registration
`no.
`
`1386318
`
`Register
`
`Principal
`
`Registration date
`
`03/11/1986
`
`Application date
`
`08/20/1984
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TARGET
`
`NONE
`
`Class 042. First use: First Use: 1972 First Use In Commerce: 1972
`RETAIL DEPARTMENT STORE SALES SERVICES, NAMELY, MEN'S, WO-
`MEN'S, CHILDREN'S AND INFANTS' CLOTHING AND ACCESSORIES SALES
`SERVICES; JEWELRY, CLOCKS AND WATCHES SALES SERVICES;
`HEALTH AND BEAUTY AIDS SALES SERVICES; PHARMACY AND PRE-
`SCRIPTION SALES SERVICES; OPTICAL SUPPLIES SALES SERVICES; [ CI-
`GARETTES AND TOBACCO SALES SERVICES; ] RECORDS AND TAPES
`SALES SERVICES; BOOKS AND MAGAZINES SALES SERVICES; MEN'S,
`WOMEN'S, CHILDREN'S AND INFANTS' SHOES SALES SERVICES; FUR-
`NITURE AND RUGS SALES SERVICES; FOOD AND CANDY SALES SER-
`VICES; TREES, PLANTS AND FLOWERS SALES SERVICES; TOYS AND
`ATHLETIC SPORTING GOODS SALES SERVICES; HOBBY AND CRAFTS
`SUPPLIES AND EQUIPMENT SALES SERVICES; [ TIRE, BATTERY, OIL, AN-
`
`

`

`TIFREEZE AND AUTOMOTIVE ACCESSORY SALES SERVICES; (( GUNS
`AND )) AMMUNITION SALES SERVICES; ] BEDDING, LINENS, CURTAINS
`AND DRAPERIES SALES SERVICES; CAMERAS, CALCULATORS AND
`TELEPHONE SALES SERVICES; COMPUTER HARDWARE, SOFTWARE
`AND ACCESSORIES SALES SERVICES; BICYCLE AND BICYCLE AC-
`CESSORIES SALES SERVICES; AUTOMOTIVE MAINTENANCE AND RE-
`PAIR SUPPLIES AND EQUIPMENT SALES SERVICES; PET EQUIPMENT
`AND SUPPLIES SALES SERVICES; GIFTSHOP, HOUSEWARES AND
`TABLEWARE SALES SERVICES; RADIO, TELEVISION AND SOUND EQUIP-
`MENT SALES SERVICES; VIDEO RECORDERS, VIDEO TAPE AND VIDEO
`GAME SALES SERVICES; TOOL AND HARDWARE SALES SERVICES; FISH-
`ING, BOATING, CAMPING AND HUNTING EQUIPMENT SALES SERVICES;
`GARDEN, LAWN AND PATIO EQUIPMENT AND SUPPLIES SALES SER-
`VICES; STATIONERY, OFFICE AND SCHOOL SUPPLIES SALES SERVICES;
`SMALL ELECTRICAL APPLIANCES SALES SERVICES; ELECTRICAL AND
`PLUMBING MAINTENANCE AND REPAIR SUPPLIES AND EQUIPMENT
`SALES SERVICES; BAKERY GOODS SALES SERVICES; PICTURES, PIC-
`TURE FRAMES AND MIRROR SALES SERVICES; AND CHRISTMAS TREES,
`ORNAMENTS, DECORATIONS, LIGHTS AND ACCESSORIES SALES SER-
`VICES
`
`U.S. registration
`no.
`
`1961031
`
`Register
`
`Principal
`
`Registration date
`
`03/05/1996
`
`Application date
`
`06/03/1994
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SUPER TARGET
`
`NONE
`
`Class 042. First use: First Use: Mar 12, 1995 First Use In Commerce: Mar 12,
`1995
`retail department store services
`
`U.S. registration
`no.
`
`2773472
`
`Register
`
`Principal
`
`Registration date
`
`10/14/2003
`
`Application date
`
`12/09/2002
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TARGET
`
`The mark consists of a Bullseye Design to the left of the word "TARGET" Both
`the Bullseye Design and "TARGET" are red.
`
`Class 035. First use: First Use: Apr 30, 1962 First Use In Commerce: Apr 30,
`1962
`Retail department store services
`
`U.S. registration
`no.
`
`2793901
`
`Register
`
`Principal
`
`Registration date
`
`12/16/2003
`
`Word mark
`
`TARGET
`
`Application date
`
`06/07/2002
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Nov 1998 First Use In Commerce: Nov 1998
`On-line retail store services featuring a wide variety of consumer goods
`
`U.S. registration
`no.
`
`3229570
`
`Register
`
`Principal
`
`Registration date
`
`04/17/2007
`
`Application date
`
`06/01/2006
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TARGET
`
`NONE
`
`Class 035. First use: First Use: Jan 31, 2000 First Use In Commerce: Jan 31,
`2000
`Retail and online retail department store services; retail and online retail grocery
`store services; [ retail and online retail pharmacy services; ] retail and online re-
`tail optical supply store services; retail and online retail gift registry services
`Class 036. First use: First Use: Jan 31, 2000 First Use In Commerce: Jan 31,
`2000
`Stored value prepaid card services namely, processing electronic payments
`made through prepaid cards
`Class 040. First use: First Use: Jan 31, 2000 First Use In Commerce: Jan 31,
`2000
`Photo finishing and online photo finishing services
`Class 041. First use: First Use: Jan 31, 2000 First Use In Commerce: Jan 31,
`2000
`[ Photography services ]
`
`U.S. registration
`no.
`
`3896937
`
`Register
`
`Principal
`
`Registration date
`
`12/28/2010
`
`Application date
`
`05/05/2010
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TARGET
`
`NONE
`
`Class 009. First use: First Use: 1995 First Use In Commerce: 1995
`Magnetically encoded credit and debit cards
`
`U.S. registration
`no.
`
`4003550
`
`Register
`
`Principal
`
`Registration date
`
`07/26/2011
`
`Word mark
`
`Design mark
`
`TARGET
`
`Application date
`
`05/05/2010
`
`Foreign priority
`date
`
`NONE
`
`

`

`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Oct 1, 2000 First Use In Commerce: Oct 1, 2000
`Promoting the sale of the goods and services of others through customer loyalty
`and incentive programs for retail customers; promoting the use of credit and
`debit cards through customer loyalty and incentive programs for retail customers
`and through the administration of charitable fundraising services
`
`U.S. registration
`no.
`
`5167255
`
`Register
`
`Principal
`
`Registration date
`
`03/21/2017
`
`Application date
`
`07/27/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TARGET
`
`NONE
`
`Class 009. First use: First Use: Oct 27, 2014 First Use In Commerce: Oct 27,
`2014
`Computer application software for mobile digital devices for use in creating and
`organizing shopping lists for personal use or use by others; computer software
`that allows users to create and share shopping lists, wish lists, and gift regis-
`tries; computer software, namely, file sharing software; communications soft-
`ware for electronically exchanging data, and graphics accessible via a computer
`network; computer software for processing and transmitting images, graphics,
`audio, video, and text, all marketed to consumers; computer application software
`for mobile digital devices, namely, software that enables users to access product
`reviews, that enables purchases, that enables order fulfillment, and that enables
`electronic payments for purchases, that enables users to collect, create, store,
`share and write about their wish lists for goods, that enables the transmission of
`messages among computer users, and that enables users to share or provide
`electronic media or information in the fields of virtual communities
`Class 035. First use: First Use: Oct 27, 2014 First Use In Commerce: Oct 27,
`2014
`Online retail department store services featuring a wide variety of consumer
`goods; promoting the sale of goods of others through electronic promotions; on-
`line gift registry services; gift registry services; electronic catalog services featur-
`ing a wide variety of consumer goods; online ordering services featuring a wide
`variety of consumer goods; providing information electronically about products,
`product reviews
`Class 036. First use: First Use: Oct 24, 2014 First Use In Commerce: Oct 24,
`2014
`Financial services, namely, credit card and debit card services, electronic cash
`transactions, and payment processing services; stored value prepaid card ser-
`vices, namely, processing electronic payments through prepaid cards; providing
`electronic payment services involving electronic processing and subsequent
`transmission of bill payment data for purchase of goods and services in-store,
`electronically or via the Internet, mobile phone or smart phone
`Class 042. First use: First Use: Oct 27, 2014 First Use In Commerce: Oct 27,
`2014
`Providing an interactive website featuring technology that allows users to collect,
`create, store, share and write about their wish lists for goods and services;
`providing online non-downloadable software which allows users to populate a
`wish list with items; providing temporary use of online non-downloadable soft-
`ware for use in creating and organizing shopping lists for personal use or use by
`
`

`

`others
`
`5956550
`
`U.S. registration
`no.
`
`Register
`
`Principal
`
`Registration date
`
`01/07/2020
`
`Application date
`
`06/08/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TARGET CONNECTED
`
`NONE
`
`Class 009. First use: First Use: Oct 24, 2016 First Use In Commerce: Oct 24,
`2016
`Computer application software for mobile phones, portable media players, PC
`tablets and handheld computers, namely, software for monitoring, controlling,
`automating, and interacting with connected devices; downloadable software for
`controlling lighting fixtures; computer software for use in remote monitoring, con-
`trol, and automation systems of connected devices; computer software and firm-
`ware for enabling devices for wireless communications, home and office auto-
`mation systems comprising wireless and wired controllers, controlled devices,
`and software for lighting
`
`U.S. registration
`no.
`
`6576869
`
`Register
`
`Principal
`
`Registration date
`
`11/30/2021
`
`Application date
`
`03/26/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TARGET
`
`NONE
`
`Class 035. First use: First Use: Feb 28, 2019 First Use In Commerce: Feb 28,
`2019
`On-line retail store services featuring a wide variety of consumer goods of oth-
`ers; comparison shopping services; order fulfillment services; sales promotion of
`products for third parties; seller services, namely, retail store services and dis-
`tributorship services for a wide variety of consumer goods; provision of an on-
`line marketplace for buyers and sellers of goods and services; providing a web-
`site featuring an online marketplace for exchanging goods and services with oth-
`er users; providing evaluative feedback and ratings of sellers' goods and ser-
`vices, the value and prices of sellers' goods and services, buyers' and sellers'
`performance, delivery, and overall trading experience in connection therewith;
`providing a searchable online advertising guide featuring the goods and services
`of online vendors; providing a searchable online evaluation database for buyers
`and sellers; providing a web site featuring the ratings, reviews and recommend-
`ations on consumer goods for feedback purposes posted by viewers
`
`U.S. registration
`no.
`
`6859789
`
`Register
`
`Principal
`
`Registration date
`
`09/27/2022
`
`Word mark
`
`TARGET +
`
`Application date
`
`02/25/2019
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Feb 28, 2019 First Use In Commerce: Feb 28,
`2019
`Online retail store services featuring a wide variety of consumer goods of others;
`comparison shopping services; order fulfillment services; sales promotion of
`products for third parties; seller services, namely, retail store services and dis-
`tributorship services for a wide variety of consumer goods; provision of an online
`marketplace for buyers and sellers of goods and services; providing a website
`featuring an online marketplace for exchanging goods and services with other
`users; providing evaluative feedback and ratings of sellers' goods and services,
`the value and prices of sellers' goods and services, buyers' and sellers' perform-
`ance, delivery, and overall trading experience in connection therewith; providing
`a searchable online advertising guide featuring the goods and services of online
`vendors; providing a searchable online evaluation database for buyers and
`sellers; providing a website featuring the ratings, reviews and recommendations
`on consumer goods for feedback purposes posted by viewers
`
`Attachments
`
`Notice of Opposition to US Ser No 90870646.pdf(159194 bytes )
`
`Signature
`
`/JRSteffen/
`
`Name
`
`Date
`
`JAMES R. STEFFEN
`
`04/10/2023
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`In the Matter of Serial No.: 90870646
`
`For the Mark: TERGIT
`
`Filed: August 6, 2021
`
`Published: December 13, 2022
`
`
`________________________________
`)
`
`
`
`
`
`
`)
`TARGET BRANDS, INC.,
`
`
`)
`
`
`
`
`
`
`)
`
`
`Opposer,
`
`
`)
`
`
`
`
`
`
`)
`v.
`
`
`
`
`
`)
`
`
`
`
`
`
`)
`AMERICAN GCA CORP,
`
`
`)
`
`
`
`
`
`
`)
`
`
`Applicant.
`
`
`_________________________________ )
`
`
`Opposition No. ___________
`
`NOTICE OF OPPOSITION
`
`
`
`
`
`Opposer Target Brands, Inc. (“TBI”) is a Minnesota corporation having its principal
`
`place of business at 1000 Nicollet Mall, Minneapolis, Minnesota 55403.
`
`
`
`TBI believes that it will be damaged by registration of the mark in Trademark
`
`Application Serial No. 90870646 (the “Subject Application”), and hereby opposes the same.
`
`
`
`
`
`
`
`As grounds of this opposition, it is alleged that:
`
`1.
`
`2.
`
`TBI is a wholly-owned subsidiary of Target Corporation (“Target”).
`
`Target operates, among other things, a chain of retail department stores, now
`
`numbering more than 1,900 stores across the country. Target’s stores offer, and long have
`
`offered, retail department store services offering a wide variety of consumer goods, including
`
`
`
`

`

`
`
`consumer electronics and related accessories, as well as sporting goods, toys, and games. Target
`
`also offers online retail department store services at www.target.com.
`
`3.
`
`TBI’s TARGET mark is among the most famous marks used in the United States.
`
`Consumers recognize and associate the mark TARGET with Target’s retail services and goods.
`
`4.
`
`TBI is the owner of, among numerous others, the following U.S. Trademark
`
`Registrations:
`
`MARK
`
`TARGET
`
`REG. NO. REG. DATE GOODS/SERVICES
`
`0845193
`
`February 27,
`1968
`
`0845615 March 5,
`1968
`
`1386318 March 11,
`1986
`
`
`
`
`
`Class 35 - Retail department store, retail
`grocery store, retail bakery, and restaurant
`and snack bar services
`Class 35 - Retail department store, retail
`grocery store, retail bakery, and restaurant
`and snack bar services
`Class 42 - Retail department store sales
`services, namely, men's, women's, children's
`and infants' clothing and accessories sales
`services; jewelry, clocks and watches sales
`services; health and beauty aids sales
`services; pharmacy and prescription sales
`services; optical supplies sales services;
`records and tapes sales services; books and
`magazines sales services; men's, women's,
`children's and infants' shoes sales services;
`furniture and rugs sales services; food and
`candy sales services; trees, plants and flowers
`sales services; toys and athletic sporting
`goods sales services; hobby and crafts
`supplies and equipment sales services;
`bedding, linens, curtains and draperies sales
`services; cameras, calculators and telephone
`sales services; computer hardware, software
`and accessories sales services; bicycle and
`bicycle accessories sales services;
`automotive maintenance and repair supplies
`and equipment sales services; pet equipment
`and supplies sales services; giftshop,
`housewares and tableware sales services;
`radio, television and sound equipment sales
`services; video recorders, video tape and
`video game sales services; tool and hardware
`sales services; fishing, boating, camping and
`
`
`
`2
`
`

`

`
`
`
`
`MARK
`
`REG. NO. REG. DATE GOODS/SERVICES
`
`hunting equipment sales services; garden,
`lawn and patio equipment and supplies sales
`services; stationery, office and school
`supplies sales services; small electrical
`appliances sales services; electrical and
`plumbing maintenance and repair supplies
`and equipment sales services; bakery goods
`sales services; pictures, picture frames and
`mirror sales services; and Christmas trees,
`ornaments, decorations, lights and
`accessories sales services
`Class 42 - Retail department store services
`
`Class 35 - Retail department store services
`
`1961031 March 5,
`1996
`October 14,
`2003
`December 16,
`2003
`April 17,
`2007
`
`2773472
`
`2793901
`
`3229570
`
`SUPER
`TARGET
`
`
`
`TARGET
`
`
`
`Class 35 - On-line retail store services
`featuring a wide variety of consumer goods
`Class 35 - Retail and online retail department
`store services; retail and online retail grocery
`store services; retail and online retail optical
`supply store services; retail and online retail
`gift registry services
`Class 36 - Stored value prepaid card services
`namely, processing electronic payments
`made through prepaid cards
`Class 40 - Photo finishing and online photo
`finishing services
`Class 9 - Magnetically encoded credit and
`December 28,
`debit cards
`2010
`July 26, 2011 Class 35 - Promoting the sale of the goods
`and services of others through customer
`loyalty and incentive programs for retail
`customers; promoting the use of credit and
`debit cards through customer loyalty and
`incentive programs for retail customers and
`through the administration of charitable
`fundraising services
`Class 9 - Computer application software for
`mobile digital devices for use in creating and
`organizing shopping lists for personal use or
`use by others; computer software that allows
`users to create and share shopping lists, wish
`lists, and gift registries; computer software,
`namely, file sharing software;
`communications software for electronically
`
`TARGET
`
`3896937
`
`TARGET
`
`4003550
`
`TARGET
`
`5167255 March 21,
`2017
`
`3
`
`

`

`
`
`
`
`MARK
`
`REG. NO. REG. DATE GOODS/SERVICES
`
`exchanging data, and graphics accessible via
`a computer network; computer software for
`processing and transmitting images, graphics,
`audio, video, and text, all marketed to
`consumers; computer application software
`for mobile digital devices, namely, software
`that enables users to access product reviews,
`that enables purchases, that enables order
`fulfillment, and that enables electronic
`payments for purchases, that enables users to
`collect, create, store, share and write about
`their wish lists for goods, that enables the
`transmission of messages among computer
`users, and that enables users to share or
`provide electronic media or information in
`the fields of virtual communities
`Class 35 - Online retail department store
`services featuring a wide variety of consumer
`goods; promoting the sale of goods of others
`through electronic promotions; online gift
`registry services; gift registry services;
`electronic catalog services featuring a wide
`variety of consumer goods; online ordering
`services featuring a wide variety of consumer
`goods; providing information electronically
`about products, product reviews
`Class 36 - Financial services, namely, credit
`card and debit card services, electronic cash
`transactions, and payment processing
`services; stored value prepaid card services,
`namely, processing electronic payments
`through prepaid cards; providing electronic
`payment services involving electronic
`processing and subsequent transmission of
`bill payment data for purchase of goods and
`services in-store, electronically or via the
`Internet, mobile phone or smart phone
`Class 42 - Providing an interactive website
`featuring technology that allows users to
`collect, create, store, share and write about
`their wish lists for goods and services;
`providing online non-downloadable software
`which allows users to populate a wish list
`with items; providing temporary use of
`online non-downloadable software for use in
`
`4
`
`

`

`
`
`
`
`MARK
`
`REG. NO. REG. DATE GOODS/SERVICES
`
`TARGET
`CONNECTED
`
`5956550
`
`January 7,
`2020
`
`TARGET
`
`6576869
`
`November
`30, 2021
`
`TARGET +
`
`6859789
`
`September
`27, 2022
`
`5
`
`creating and organizing shopping lists for
`personal use or use by others
`Class 9 - Computer application software for
`mobile phones, portable media players, PC
`tablets and handheld computers, namely,
`software for monitoring, controlling,
`automating, and interacting with connected
`devices; downloadable software for
`controlling lighting fixtures; computer
`software for use in remote monitoring,
`control, and automation systems of
`connected devices; computer software and
`firmware for enabling devices for wireless
`communications, home and office
`automation systems comprising wireless and
`wired controllers, controlled devices, and
`software for lighting
`Class 35 - On-line retail store services
`featuring a wide variety of consumer goods
`of others; comparison shopping services;
`order fulfillment services; sales promotion of
`products for third parties; seller services,
`namely, retail store services and
`distributorship services for a wide variety of
`consumer goods; provision of an on-line
`marketplace for buyers and sellers of goods
`and services; providing a website featuring
`an online marketplace for exchanging goods
`and services with other users; providing
`evaluative feedback and ratings of sellers'
`goods and services, the value and prices of
`sellers' goods and services, buyers' and
`sellers' performance, delivery, and overall
`trading experience in connection therewith;
`providing a searchable online advertising
`guide featuring the goods and services of
`online vendors; providing a searchable online
`evaluation database for buyers and sellers;
`providing a web site featuring the ratings,
`reviews and recommendations on consumer
`goods for feedback purposes posted by
`viewers
`Class 35 - Online retail store services
`featuring a wide variety of consumer goods
`of others; comparison shopping services;
`order fulfillment services; sales promotion of
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`MARK
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`REG. NO. REG. DATE GOODS/SERVICES
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`products for third parties; seller services,
`namely, retail store services and
`distributorship services for a wide variety of
`consumer goods; provision of an online
`marketplace for buyers and sellers of goods
`and services; providing a website featuring
`an online marketplace for exchanging goods
`and services with other users; providing
`evaluative feedback and ratings of sellers'
`goods and services, the value and prices of
`sellers' goods and services, buyers' and
`sellers' performance, delivery, and overall
`trading experience in connection therewith;
`providing a searchable online advertising
`guide featuring the goods and services of
`online vendors; providing a searchable online
`evaluation database for buyers and sellers;
`providing a website featuring the ratings,
`reviews and recommendations on consumer
`goods for feedback purposes posted by
`viewers
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`5.
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`TBI licenses the above marks (hereinafter, “TBI’s TARGET Marks”) for use by
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`Target.
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`6.
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`Target has, since at least as early as 1962, made extensive use of TBI’s TARGET
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`Marks in connection with retail department store services and the sale of a wide variety of goods,
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`including consumer electronics and related accessories, as well as sporting goods, toys, and
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`games.
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`7.
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`Upon information and belief, the Applicant, American GCA Corp, is a Florida
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`corporation with an address of 8600 NW 64th Street, Suite 4, Miami, Florida 33166.
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`8.
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`On August 6, 2021, Applicant filed the Subject Application, a use-based
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`application, to register the mark TERGIT for use with “Binoculars; Brackets adapted for setting
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`up flat screen TV sets; Microphones” in Int. Class 9, and with “Roller skates” in Class 28,
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`claiming a first use date of August 6, 2021 for both classes.
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`6
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`9.
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`Through its counsel, TBI caused a letter of inquiry to be sent to Applicant’s
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`representative on January 30, 2033. On February 16, 2023, TBI’s counsel received notice from
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`Applicant’s representative that it had forwarded TBI’s letter of inquiry to Applicant, that it was
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`withdrawing its representation of Applicant, and that additional correspondence should be sent
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`directly to Applicant. Accordingly, TBI, through its counsel, sent a follow up letter of inquiry
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`directly to Applicant at the e-mail address provided in the USPTO record for the Subject
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`Application. To date, no response has been received by TBI from Applicant to any of this
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`correspondence.
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`10.
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`The goods in the Subject Application in both Class 9 and Class 28 are among the
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`types of goods sold in TARGET retail department stores, and online at www.target.com.
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`11.
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`The actual, continuous, and continuing use of TBI’s TARGET Marks began well
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`in advance of the filing of the Subject Application. Upon information and belief, the actual,
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`continuous, and continuing use of TBI’s TARGET Marks began prior to any use by Applicant of
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`the mark shown in the Subject Application. Upon information and belief, TBI’s rights in TBI’s
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`TARGET Marks have priority over any rights Applicant can claim in the TERGIT mark.
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`
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`12.
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`The TERGIT mark claimed in the Subject Application so resembles TBI’s
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`TARGET Marks as to be likely, when used in connection with the goods shown in the Subject
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`Application, to cause confusion, to cause mistake, and/or to deceive.
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`13.
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`The mark in the Subject Application cannot be registered consistent with Section
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`2(d) of the Lanham Act, 15 U.S.C. § 1052(d).
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`
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`WHEREFORE, TBI believes that it would be damaged by registration of the mark
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`shown in the Subject Application, prays that Application No. 90870646 be rejected, that no
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`registration be issued thereon to Applicant, and that this opposition be sustained in favor of TBI.
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`7
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`The requisite filing fee of $1,200.00 is submitted herewith. If the amount submitted is
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`determined to be incorrect, the Commissioner may charge any additional fees, or credit any
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`excess payment, to Deposit Account No. 06-0029.
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`Dated: April 10, 2023
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`FAEGRE DRINKER BIDDLE & REATH LLP
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`
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`By: /JRSteffen/
`James R. Steffen
`2200 Wells Fargo Center
`90 South Seventh Street
`Minneapolis, Minnesota 55402
`Telephone: (612) 766-7000
`Facsimile: (612) 766-1600
`james.steffen@faegredrinker.com
`trademark@faegredrinker.com
`
`Attorneys for Target Brands, Inc.
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` US.356851912.02
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`8
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