Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1291985
`06/16/2023
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`ESTTA Tracking number:
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`Filing date:
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Notice of Opposition
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`Notice is hereby given that the following party opposes registration of the indicated application.
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`Opposer information
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`Name
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`LEGEND PICTURES, LLC
`
`Granted to date
`of previous ex-
`tension
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`Address
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`Attorney informa-
`tion
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`06/17/2023
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`2900 WEST ALAMEDA AVENUE, 15TH FLOOR
`BURBANK, CA 91505
`UNITED STATES
`
`ANTHONY M. KEATS
`KEATS GATIEN, LLP
`120 S. EL CAMINO DR., SUITE 207
`BEVERLY HILLS, CA 90212
`UNITED STATES
`Primary email: uspto@keatsgatien.com
`Secondary email(s): tony@keatsgatien.com
`14243020692
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`Docket no.
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`Applicant information
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`Application no.
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`97190555
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`Opposition filing
`date
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`Applicant
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`06/16/2023
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`Zhong, Leonardo Z
`4528 160TH STREET
`FLUSHING, NY 11358
`UNITED STATES
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`Goods/services affected by opposition
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`Publication date
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`04/18/2023
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`Opposition period
`ends
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`06/17/2023
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`Class 025. First Use: Jan 18, 2019 First Use In Commerce: Jan 18, 2019
`All goods and services in the class are opposed, namely: Shoes; Socks; Bottoms as clothing for ba-
`bies, adults, children, women, men; Headwear, namely, hats, caps; Hoodies; Jackets; Sweaters; T-
`shirts; Tops as clothing for babies, adults, children, women, men
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`Grounds for opposition
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`Priority and likelihood of confusion
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`Trademark Act Section 2(d)
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`Marks cited by opposer as basis for opposition
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`U.S. registration
`no.
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`5997357
`
`Register
`
`Principal
`
`Application date
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`06/20/2016
`
`

`

`Registration date
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`02/25/2020
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`Foreign priority
`date
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`NONE
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`Word mark
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`Design mark
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`Description of
`mark
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`Goods/services
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`LEGENDARY
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`The mark consists of the word "LEGENDARY" under a knot design.
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`Class 025. First use: First Use: Apr 2019 First Use In Commerce: Apr 2019
`Shirts, t-shirts, sweatshirts, hooded sweatshirts, jackets, hats, and caps
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`U.S. registration
`no.
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`5997358
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`Register
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`Principal
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`Registration date
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`02/25/2020
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`Application date
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`06/20/2016
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`Foreign priority
`date
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`NONE
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`Word mark
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`Design mark
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`Description of
`mark
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`Goods/services
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`LEGENDARY
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`The mark consists of the word "LEGENDARY" to the right of a knot design.
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`Class 025. First use: First Use: Apr 2019 First Use In Commerce: Apr 2019
`Shirts, t-shirts, sweatshirts, pants, sweatpants, hooded sweatshirts, jackets, hats
`and caps, warm-up suits
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`U.S. registration
`no.
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`3656926
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`Register
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`Principal
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`Registration date
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`07/21/2009
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`Application date
`
`08/14/2008
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`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
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`LEGENDARY
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`The mark consists of the words "LEGENDARY" and a design.
`
`Class 009. First use: First Use: Jun 1, 2005 First Use In Commerce: Jun 1, 2005
`Motion picture films featuring comedy, adventures, sports, romance and drama;
`digital media, namely, prerecorded videocassettes, DVDs, and compact discs all
`featuring comedy, adventures, sports, romance and drama; digital media,
`namely, prerecorded computer disks, CD-ROMs, audio discs [ and audio tapes ]
`all featuring comedy, adventures, sports, romance and drama; prerecorded [ au-
`dio tapes ], audio compact discs and video tapes all featuring musical entertain-
`ment
`Class 041. First use: First Use: Jun 1, 2005 First Use In Commerce: Jun 1, 2005
`Entertainment services, namely, production and distribution of motion picture
`films, [ television programs and television program specials ] ; entertainment ser-
`vices, namely, production and distribution of music video programs, [ document-
`ary television programs and ] documentary motion picture films; entertainment
`services, namely, production and distribution of [ animated television programs
`and ] animated motion picture films
`
`U.S. registration
`no.
`
`4436755
`
`Register
`
`Principal
`
`Application date
`
`02/04/2010
`
`Registration date
`
`11/19/2013
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`Foreign priority
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`NONE
`
`

`

`Word mark
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`Design mark
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`Description of
`mark
`
`Goods/services
`
`date
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`LEGENDARY
`
`NONE
`
`Class 016. First use: First Use: Sep 30, 2010 First Use In Commerce: Sep 30,
`2010
`Posters [ ; photographs; brochures, pictures ]
`
`U.S. registration
`no.
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`4529919
`
`Register
`
`Principal
`
`Registration date
`
`05/13/2014
`
`Application date
`
`06/03/2011
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`LEGENDARY
`
`The mark consists of the word "LEGENDARY" and a knot design on top.
`
`Class 028. First use: First Use: Jul 1, 2011 First Use In Commerce: Jul 1, 2011
`Toy action figures and accessories thereof; toy animal figures and accessories
`thereof; dolls and doll accessories thereof; stuffed and plush toys
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`Attachments
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`Not of Opp - LEGENDARY design.pdf(174090 bytes )
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`Signature
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`/s/
`
`Name
`
`Date
`
`Matthew E. Graham, Associate Attorney of Record, California Bar Member
`
`06/16/2023
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In re Application No. 97/190,555, Published on April 18, 2023
`
`
`Legend Pictures, LLC
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`Opposer,
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`
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`v.
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`
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`Leonardo Z. Zhong
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`
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`Applicant.
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`Opposition No.
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`NOTICE OF OPPOSITION
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`Legend Pictures, LLC (“Opposer”), a Delaware limited liability company, having its
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`principal place of business at 2900 West Alameda Avenue, 15th Floor, Burbank, California 91505,
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`believes that it will be damaged by the registration of the above-identified mark for LEGENDARY
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`in stylized design format (the “Applicant’s LEGENDARY Design Mark”) for use in connection with
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`the Class 25 goods identified in said application, and hereby opposes the same under the provisions
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`of Section 13 of the Trademark Act of 1946, 15 U.S.C. §1063.
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`As grounds for the opposition, Opposer alleges:
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`1.
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`Opposer is the owner of all rights, title and interest in and to, among others, the
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`following trademarks:
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`a. LEGENDARY (Reg. No. 5,997,357) in stylized design format, which is
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`registered with the United States Patent and Trademark Office (the “USPTO”)
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`for use in connection with “[s]hirts, t-shirts, sweatshirts, hooded sweatshirts,
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`jackets, hats, and caps” in International Class 025;
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`
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`

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`In re Application Serial No. 97/190,555
`Notice of Opposition
`Page 2
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`b. LEGENDARY (Reg. No. 5,997,358) in stylized design format, which is
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`registered with the USPTO for use in connection with “[s]hirts, t-shirts,
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`sweatshirts, pants, sweatpants, hooded sweatshirts, jackets, hats and caps,
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`warm-up suits” in International Class 025;
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`c. LEGENDARY (Reg. No. 3,656,926) in standard word format, which is
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`registered with the USPTO for use in connection with various “[m]otion
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`picture films” in International Class 009 and “[e]ntertainment services” in
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`International Class 041;
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`d. LEGENDARY (Reg. No. 4,436,755) in standard word format, which is
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`registered with the USPTO for use in connection with “posters,”
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`“photographs,” and other printed materials in International Class 016; and
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`e. LEGENDARY (Reg. No. 4,529,919) in stylized design format, which is
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`registered with the USPTO for use in connection with various “toys” in
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`International Class 028;
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`(hereinafter collectively referred to as the “LEGENDARY Family of Marks”).
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`2.
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`Opposer’s LEGENDARY Family of Marks, and each of them, is inherently
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`distinctive.
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`3.
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`Opposer’s LEGENDARY Family of Marks has come to have a secondary
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`meaning indicative of origin, relationship, sponsorship and/or association with Opposer and its
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`distinctive reputation for high quality. The purchasing public is likely to attribute to Opposer the
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`Applicant’s use of the LEGENDARY Family of Marks as a source of origin, authorization
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`and/or sponsorship for the services offered by the Applicants and further, to attend, contribute to
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`

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`In re Application Serial No. 97/190,555
`Notice of Opposition
`Page 3
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`and/or purchase Applicant’s goods in the erroneous belief that Applicant is associated with,
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`sponsored by or affiliated with Opposer, when Applicant is not.
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`4.
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`Since long before Applicant’s filing of its trademark application with the United
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`States Patent and Trademark Office for the Applicant’s LEGENDARY Design Mark, Opposer
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`has used its LEGENDARY Family of Marks in connection with the advertising and sale of
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`entertainment goods, services, and related merchandise, including but not limited to t-shirts,
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`sweatshirts, hats and other apparel items.
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`5.
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`The United States Patent and Trademark Office has recognized Opposer’s
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`exclusive right to use its LEGENDARY Family of Marks by issuing the registrations for said
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`marks.
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`6.
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`Opposer’s registrations are valid and subsisting and provide prima facie evidence
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`of Opposer’s ownership of, and exclusive right to use, Opposer’s LEGENDARY Family of
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`Marks in commerce.
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`7.
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`Opposer has developed a well-known business reputation throughout the United
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`States and Opposer’s LEGENDARY Family of Marks has been and continues to be publicized
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`through advertising and promotion in the United States.
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`8.
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`As a result of Opposer’s and its licensees’ extensive use, advertising and sale of
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`goods and services offered under Opposer’s LEGENDARY Family of Marks, the LEGENDARY
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`Family of Marks, and each of them, have become well-known and distinctive source indicators
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`and highly valuable symbols of Opposer’s business and goodwill.
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`

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`In re Application Serial No. 97/190,555
`Notice of Opposition
`Page 4
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`9.
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`Notwithstanding Opposer’s prior established rights in its LEGENDARY Family
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`of Marks, Applicant caused to be filed with the USPTO on December 27, 2021, its application
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`for registration of Applicant’s LEGENDARY Design Mark (Ser. No. 97/190,555).
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`10.
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`Opposer has used its LEGENDARY Family of Marks continuously on or in
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`connection with its goods and services in interstate commerce since long prior to Applicant’s
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`filing date for Applicant’s LEGENDARY Design Mark.
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`11.
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`Applicants had constructive knowledge of Opposer’s prior rights in Opposer’s
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`LEGENDARY Family of Marks well before Applicant filed its application for Applicant’s
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`LEGENDARY Design Mark.
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`12.
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`On information and belief, based on Opposer’s widespread use and popularity of
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`the LEGENDARY Family of Marks, Applicant had actual knowledge of Opposer’s prior rights in
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`Opposer’s LEGENDARY Family of Marks well before Applicant filed its application for
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`Applicant’s LEGENDARY Design Mark.
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`COUNT I
`LIKELIHOOD OF CONFUSION - §2(d)
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`A Applicant’s LEGENDARY Design Mark so closely resembles Opposer’s
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`13.
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`LEGENDARY Family of Marks, and each of them, that the use and registration thereof is likely
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`to cause confusion, mistake and deception as to the source or origin of Applicant’s goods and
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`services, and will injure and damage Opposer and the goodwill and reputation symbolized by
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`Opposer’s LEGENDARY Family of Marks, and each mark in said family.
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`14.
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`The goods of Applicant are so closely related to the goods and services of
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`Opposer that the public is likely to be confused, to be deceived and to assume erroneously that
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`

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`In re Application Serial No. 97/190,555
`Notice of Opposition
`Page 5
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`Applicant’s goods are those of Opposer or that Applicant is in some way connected with or
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`sponsored by or affiliated with Opposer, all to Opposer’s irreparable damage.
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`15.
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`Likelihood of confusion in this case is enhanced by the fact that purchasers of
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`Applicant’s goods are likely to associate Applicant’s LEGENDARY Design Mark with goods
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`and services sold, approved, or endorsed by Opposer under its LEGENDARY Family of Marks;
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`moreover, purchasers of Applicant’s goods are highly likely to be purchasers of Opposer’s goods
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`and services.
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`16.
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`Opposer is not affiliated or associated with or connected to Applicant; Applicant’s
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`goods do not originate from Opposer; and Opposer has not endorsed, sponsored, or approved of
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`Applicant’s goods or commercial activities offered under Applicant’s LEGENDARY Design
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`Mark.
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`17.
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`Similarly, Opposer has not approved any goods or services sold or intended for
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`sale by Applicant under Applicant’s LEGENDARY Design Mark, nor has Opposer granted
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`Applicant permission to use said mark.
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`18.
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`Applicant’s use of Applicant’s LEGENDARY Design Mark in connection with
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`Applicant’s goods constitutes Applicant’s commercial use in commerce of Opposer’s
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`LEGENDARY Family of Marks.
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`19.
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`Opposer’s LEGENDARY Family of Marks have come to have a secondary
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`meaning indicative of origin, relationship, sponsorship and/or association with Opposer and its
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`distinctive reputation for high quality. The purchasing public is likely to attribute to Opposer
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`Applicant’s use of the LEGENDARY Family of Marks as a source of origin, authorization
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`and/or sponsorship for the goods that Applicant offers, and further purchase Applicant’s goods
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`

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`In re Application Serial No. 97/190,555
`Notice of Opposition
`Page 6
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`under the erroneous belief that Applicant is associated with, sponsored by or affiliated with
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`Opposer, when Applicant is not.
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`20.
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`Opposer has not authorized or licensed the use of its S LEGENDARY Family of
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`Marks to Applicants.
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`21.
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`Upon information and belief, Applicant intentionally and willfully utilized
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`Opposer’s well-known LEGENDARY Family of Marks and traded on Opposer’s reputation and
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`goodwill.
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`22.
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`If such use on the part of the Applicant continues, Opposer will suffer irreparable
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`harm.
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`WHEREFORE, by reason of the foregoing, Opposer prays that its Opposition be sustained and
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`that registration of Applicant’s mark be denied.
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`Dated: June 16, 2023
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`Respectfully submitted,
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`Anthony M. Keats
`Keats Gatien, LLP
`Attorneys for Opposer
`Legend Pictures, LLC
`120 S. El Camino Dr., Suite 207
`Beverly Hills, CA 90212
`Telephone: (424) 302-0692
`
`