ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1349870
`04/02/2024
`
`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
`
`The Pinata Factory, LLC
`limited liability company
`
`2350 SPRING RD.
`SUITE 400
`SMYRNA, GA 30080
`UNITED STATES
`
`Incorporated or
`registered in
`
`Georgia
`
`GREGORY T. OURADA
`HILL, KERTSCHER & WHARTON, LLP
`3625 CUMBERLAND BLVD SE
`SUITE 1050
`ATLANTA, GA 30339
`UNITED STATES
`Primary email: go@hkw-law.com
`Secondary email(s): drk@hkw-law.com
`678-384-7443
`
`Docket no.
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97515768
`04/02/2024
`
`Publication date
`Opposition period
`ends
`THE PINATA FACTORY STUDIO LLC
`3826 SW 87TH PL, UNIT A
`MIAMI, FL 33165
`UNITED STATES
`
`04/02/2024
`05/02/2024
`
`Goods/services affected by opposition
`
`Class 028. First Use: Feb 28, 2017 First Use In Commerce: Feb 28, 2017
`All goods and services in the class are opposed, namely: pinatas
`Class 041. First Use: Feb 28, 2017 First Use In Commerce: Feb 28, 2017
`All goods and services in the class are opposed, namely: custom creation of artwork in the nature of
`customized piñatas
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97515769
`04/02/2024
`
`Publication date
`Opposition period
`ends
`THE PINATA FACTORY STUDIO LLC
`3826 SW 87TH PL, UNIT A
`
`04/02/2024
`05/02/2024
`
`

`

`MIAMI, FL 33165
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 028. First Use: Feb 28, 2017 First Use In Commerce: Feb 28, 2017
`All goods and services in the class are opposed, namely: pinatas
`Class 041. First Use: Feb 28, 2017 First Use In Commerce: Feb 28, 2017
`All goods and services in the class are opposed, namely: custom creation of artwork in the nature of
`customized piñatas
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark cited by opposer as basis for opposition
`
`U.S. application
`no.
`Registration date
`
`97894110
`
`NONE
`
`Application date
`
`04/18/2023
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`
`THE PIÃ#ATA FACTORY LLC
`
`Description of
`mark
`
`The mark consists of a six pointed star with one point comprised of arcs colored
`shades of yellow and gold with a series of red circles descending from the point,
`a second point comprised of arcs colored shades of blue and indigo, a third
`point comprised of arcs colored shades of red, orange and yellow with a series
`of gold circles descending from the point, a fourth point comprised of arcs
`colored shades of purple with a series of green circles descending from the
`point, a fifth point comprised of arcs colored shades of red and pink with a series
`of blue circles descending from the point, and a sixth point comprised of arcs
`
`

`

`Goods/services
`
`colored shades of green with a series of purple circles descending from the
`point; and a black circle from which each of the foregoing points emanates with
`the literal element "THE PIÃ#ATA FACTORY LLC" in white lettering superim-
`posed upon the black circle.
`Class 028. First use: First Use: Mar 16, 2023 First Use In Commerce: Mar 16,
`2023
`Piñatas
`Class 035. First use: First Use: Mar 16, 2023 First Use In Commerce: Mar 16,
`2023
`Retail store services featuring party supplies
`Class 042. First use: First Use: Mar 17, 2023 First Use In Commerce: Mar 17,
`2023
`Design and testing of new products, namely, pinatas, for others
`Class 043. First use: First Use: Mar 16, 2023 First Use In Commerce: Mar 16,
`2023
`Rental of chairs and tables
`
`Attachments
`
`97894110#TMSN.png( bytes )
`Notice of Opposition - THE PINATA FACTORY 4-2-2024.pdf(2869006 bytes )
`
`Signature
`Name
`Date
`
`/Gregory T Ourada/
`Gregory T. Ourada
`04/02/2024
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEALS BOARD
`
`
`The Piñata Factory, LLC
`
`
`Opposer,
`
`v.
`
`
`
`
`
`The Piñata Factory Studio LLC
`
`
`
`
`Opposition No.
`
`
`
`
`
`
`
`
`
`Appl. Ser. Nos. 97/515,768 and 97/515,769
`
`
`
`Applicant.
`
`Mark:
`
` and
`
`THE PIÑATA FACTORY
`
`
`
`Date Published: April 2, 2024
`
`NOTICE OF OPPOSITION
`
`
`The Piñata Factory, LLC, (“Opposer”) a Georgia limited liability company having an
`
`
`
`
`
`
`
`address of 2350 Spring Rd., Suite 400, Smyrna, GA 30080, and senior user of the asserted mark
`
`THE PIÑATA FACTORY & Design (Appl. Ser. No. 97/515,768) and THE PIÑATA FACTORY
`
`(Appl. Ser. No. 97/515,769) (“Applications”), owned by The Piñata Factory Studio LLC
`
`(“Applicant”), a Florida limited liability company, hereby respectfully submits this Notice of
`
`Opposition, for the reasons set forth below.
`
`BACKGROUND
`
`OPPOSER AND ITS USE OF THE PIÑATA FACTORY
`
`1.
`
`The Pinata Factory, LLC was organized as a Georgia limited liability company on
`
`September 1, 2016.
`
`-1-
`
`

`

`2.
`
`Opposer began business operations in late 2016 using the trademark THE PINATA
`
`FACTORY (the “Senior Mark”) in conjunction with the six-pointed star logo shown below
`
`in Figure 1 for piñatas, retail store services featuring party supplies, design and testing of
`
`new products, namely, piñatas, for others, and rental of chairs and tables.
`
`
`
`Figure 1
`
`3.
`
`As a result if such use, Opposer acquired common law rights in the Senior Mark by virtue
`
`of its public use in commerce in the United States since 2016.
`
`4.
`
`In approximately 2022, Opposer updated its six-pointed star logo to the form shown in
`
`Figure 2 below.
`
`
`
`Figure 2
`
`-2-
`
`

`

`5.
`
`Opposer applied to register the Senior Mark shown in Figure 2 for piñatas in International
`
`Class 28, retail store services featuring party supplies in International Class 35, design and
`
`testing of new products, namely, piñatas, for others in International Class 42, and rental of
`
`chairs and tables in International Class 43 which application was assigned U.S. Pat. & T.M.
`
`Ofc. Appl. Ser. No. 97/894,110 (“Opposer’s Application”). Opposer’s Application is
`
`attached hereto as Exhibit A.
`
`6.
`
`On January 17, 2024, Opposer received an office action from the U.S. Patent and
`
`Trademark Office (“Office Action”) in which Opposer was notified that the present
`
`Applications predated Opposer’s Application and were therefore potential grounds for
`
`refusal to register Opposer’s Senior Mark under § 2(d) of the Trademark Act. Examination
`
`of Opposer’s Application was subsequently suspended on January 23, 2024. The Office
`
`Action is attached hereto as Exhibit B.
`
`THE APPLICATIONS
`
`7.
`
`Upon information and belief, The Pinata Factory Studio, LLC is a limited liability company
`
`organized under the laws of the state of Florida on July 1, 2018.
`
`8.
`
`On July 22, 2022, Applicant filed the Applications under § 1(a) of the Lanham Act for
`
`“pinatas” in Class 28 and “customer creation of artwork in the nature of customized
`
`piñatas” in Class 41 alleging first use for these products and services as early as February
`
`28, 2017.
`
`9.
`
`The Applications published in the Official Gazette of the United States Patent and
`
`Trademark Office on April 2, 2024.
`
`
`
`
`
`-3-
`
`

`

`CLAIM FOR RELIEF UNDER LANHAM ACT SECTION 2(d)
`
`PRIORITY AND LIKELIHOOD OF CONFUSION
`
`10.
`
`Opposer hereby incorporates and re-alleges paragraphs 1 through 9 above as if fully set
`
`forth herein.
`
`11.
`
`Upon information and belief, Applicant’s first use of THE PIÑATA FACTORY in
`
`commerce in the United States occurred after Opposer’s first use of the Senior Mark, THE
`
`PIÑATA FACTORY.
`
`12.
`
`Opposer therefore has priority rights in the mark THE PIÑATA FACTORY.
`
`13.
`
`Because of Opposers’ prior use of the Senior Mark in the marketplace, if the Applications
`
`are allowed to proceed to registration, this would deceive consumers into believing that:
`
`(1) Applicant is affiliated, connected, or associated with Opposer; (2) Opposer is the origin
`
`or sponsor of Applicant’s products and services; and/or (3) Opposer has approved of, or
`
`licensed the use of the Senior Mark to Applicant.
`
`14.
`
`As a result, Applicant’s registration and use of THE PIÑATA FACTORY in standard word
`
`and logo format is very likely to cause confusion, mistake, or deception as to the source of
`
`origin of its products, or to deceive the public, the industry, and others into the false belief
`
`that its products are provided by, sponsored by, approved by, licensed by, affiliated with,
`
`or in some other way legitimately connected with Opposer. Accordingly, Applicant’s mark
`
`THE PIÑATA FACTORY is unregistrable under Section 2(d) of the Lanham Act, 15
`
`U.S.C. § 1052(d).
`
`15.
`
`Furthermore, the Office Action indicated that the logo shown in Figure 2 above may be
`
`refused registration based upon the Applications under § 2(d) of the Trademark Act.
`
`-4-
`
`

`

`WHEREFORE, Opposer is being and will continue to be damaged by Applicant’s registration
`
`of THE PIÑATA FACTORY in standard word and logo format and prays that this Opposition be
`
`sustained in its favor.
`
`The required fee accompanies this Notice of Opposition. If necessary, please charge any
`
`additional fees to Deposit Account No. 506541.
`
`Please recognize Douglas R. Kertscher and Gregory T. Ourada, members of the Bar of the
`
`State of Georgia, and all attorneys belonging to the firm of HILL, KERTSCHER & WHARTON,
`
`LLP, as Opposer’s attorneys to prosecute this Opposition.
`
`
`
`Dated: April 2, 2024
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`/Gregory T Ourada/
`Gregory T. Ourada
`Douglas R. Kertscher
`Attorneys for Opposer The Piñata Factory LLC
`
`HILL, KERTSCHER & WHARTON, LLP
`ONE OVERTON PARK
`3625 Cumberland Blvd. SE
`Suite 1050
`Atlanta, GA 30339
`770-953-0995 (o)
`770-953-1358 (f)
`Email: go@hkw-law.com
`drk@hkw-law.com
`
`
`
`-5-
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`

`

`Filing Receipt for Trademark/Service Mark Application for Registration
`on the Principal Register
`and Next Steps in the Application Process
`
`Thank you for submitting your trademark application to the U.S. Patent and Trademark Office (USPTO). This filing receipt
`confirms your mark and serial number, describes next steps in the application process, and includes the information
`submitted in your application. Please read this receipt carefully and keep a copy for your records.
`
`For an overview of important things to know after filing your application, visit our website to read the After You File page and
`watch video number 9 "After You File."
`
`1. Your mark. THE PIÑATA FACTORY LLC (stylized and/or with design, MRK2601cf4580ab1053361b8a3893cd8-
`164906084_._Trademark-Logo.jpg)
`The literal element of the mark consists of THE PIÑATA FACTORY LLC. The color(s) yellow, gold, orange, blue, indigo,
`purple, red, black, pink, white, and green is/are claimed as a feature of the mark. The mark consists of a six pointed star with
`one point comprised of arcs colored shades of yellow and gold with a series of red circles depending from the point, a second
`point comprised of arcs colored shades of blue and indigo, a third point comprised of arcs colored shades of red, orange and
`yellow with a series of gold circles depending from the point, a fourth point comprised of arcs colored shades of purple with a
`series of green circles depending from the point, a fifth point comprised of arcs colored shades of red and pink with a series
`of blue circles depending from the point, and a sixth point comprised of arcs colored shades of green with a series of purple
`circles depending from the point; and a black circle from which each of the foregoing points emanates with the literal element
`THE PIÑATA FACTORY LLC in white lettering superimposed upon the black circle.
`
`2. Your serial number. Your application was assigned serial number '97894110'. You must refer to your serial number in all
`communications about your application.
`
`3. What happens next—legal examination.  Your mark will not be registered automatically. Your application will be assigned
`to a USPTO examining attorney for review. See current trademark processing wait times for more information. The attorney
`will determine if your application meets all applicable legal requirements, and if it doesn't you will be notified in an email with
`a link to the official Office action (official letter from the USPTO). Visit our website for an explanation of application process
`timelines.
`
`If your mark includes a design element, we will assign it one or more design search codes. We will notify you of these codes
`within the next few weeks and you can suggest that we add or delete a design search code from your file.
`
`4. Keep your addresses current in USPTO records. We do not extend filing deadlines if you do not receive USPTO mail
`or email. If your postal address or email address changes, you must update the correspondence or owner's address using
`the address forms on our website.
`
`5. Check your application status in our database every three to four months. To be sure that you don't miss an
`important email from us, and to avoid the possible abandonment of your application, check your application status and review
`your documents in our database, Trademark Status and Document Retrieval (TSDR), every three to four months.
`
`6. Warning about private companies offering trademark-related services. Private companies may send you
`communications that resemble official USPTO communications. These private companies are not associated with the
`USPTO. All official correspondence will be from the "United States Patent and Trademark Office" in Alexandria, Virginia, and
`from emails with the domain "uspto.gov." If you are unsure about whether the correspondence is from us, check your records
`in our database, TSDR. Visit our website for more information on trademark-related communications that may resemble
`official USPTO communications.
`
`7. Questions? Please visit our website, email us, or call us at 1-800-786-9199 and select option 1.
`
`8.  Application data. If you find an error in the data below, visit the After You File page on our website for information on
`correcting errors.
`
`9. Provide feedback. You may receive a survey invitation in a separate email. Let us know how we can improve your
`experience.
`
`Stay current with Trademarks
`Stay up-to-date with changes in Trademarks that may impact your application or registration. This may include upcoming
`system changes, events and roundtables, rules changes, and other operational matters. Sign up to get Trademark Alert
`emails through our subscription center.
`
`

`

`How to sign up
`On our subscription center webpage, select the Subscribe button, enter your email address, and select the Submit button.
`Consent to the privacy policy and select the Submit button. You can choose to receive emails about all United States Patent
`and Trademark (USPTO) topics or specific topics (e.g. Trademark Alerts). Pick your areas of interest, then select the Submit
`button.
`
`The information submitted in the application appears below:
`
`PTO- 1478
`Approved for use through 10/31/2024. OMB 0651-0009
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`Trademark/Service Mark Application, Principal Register
`TEAS Plus Application
`NOTE: Data fields with the * are mandatory. The wording "(if applicable)" appears where the field is only mandatory
`under the facts of the particular application.
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`TEAS Plus
`
`YES
`
`MARK INFORMATION
`
`*MARK
`
`*SPECIAL FORM
`
`USPTO-GENERATED IMAGE
`
`MRK2601cf4580ab1053361b8a 3893cd8-164906084_._Trade mark-
`Logo.jpg
`
`YES
`
`NO
`
`LITERAL ELEMENT
`
`THE PIÑATA FACTORY LLC
`
`*COLOR MARK
`
`YES
`
`*COLOR(S) CLAIMED
`(If applicable)
`
`The color(s) yellow, gold, orange, blue, indigo, purple, red, black,
`pink, white, and green is/are claimed as a feature of the mark.
`
`*DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`The mark consists of a six pointed star with one point comprised of
`arcs colored shades of yellow and gold with a series of red circles
`depending from the point, a second point comprised of arcs colored
`shades of blue and indigo, a third point comprised of arcs colored
`shades of red, orange and yellow with a series of gold circles
`depending from the point, a fourth point comprised of arcs colored
`shades of purple with a series of green circles depending from the
`point, a fifth point comprised of arcs colored shades of red and pink
`with a series of blue circles depending from the point, and a sixth
`point comprised of arcs colored shades of green with a series of
`purple circles depending from the point; and a black circle from which
`each of the foregoing points emanates with the literal element THE
`PIÑATA FACTORY LLC in white lettering superimposed upon the
`black circle.
`
`PIXEL COUNT ACCEPTABLE
`
`NO
`
`PIXEL COUNT
`
`2062 x 3168
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`The Pinata Factory, LLC
`
`INTERNAL ADDRESS
`
`Suite 400
`
`

`

`*MAILING ADDRESS
`
`2350 Spring Rd.
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`Smyrna
`
`Georgia
`
`*COUNTRY/REGION/JURISDICTION/U.
`S. TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain
`international addresses)
`
`30080
`
`*EMAIL ADDRESS
`
`thepfactory1@gmail.com
`
`LEGAL ENTITY INFORMATION
`
`*TYPE
`
`LIMITED LIABILITY COMPANY
`
`* STATE/COUNTRY/REGION/JURISDIC
`TION/U.S. TERRITORY WHERE
`LEGALLY ORGANIZED
`
`Georgia
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`*INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`028 
`
`Piñatas
`
`SECTION 1(a)
`
`       FIRST USE ANYWHERE DATE
`
`At least as early as 03/16/2023
`
`       FIRST USE IN COMMERCE DATE
`
`At least as early as 03/16/2023
`
`       SPECIMEN FILE NAME(S)
`
`       
`
`SPE0-2601cf4580ab10601a35 01d0e735a6-2023031710314 7
`652081_._Specimen1_202303
`
`SPE0-2601cf4580ab10601a35 01d0e735a6-2023031710314 7
`652081_._Specimen2_202303
`
`       SPECIMEN DESCRIPTION
`
`product photographs
`
`        WEBPAGE URL
`
`None Provided
`
`        WEBPAGE DATE OF ACCESS
`
`None Provided
`
`*INTERNATIONAL CLASS
`
`035 
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`Retail store services featuring party supplies
`
`SECTION 1(a)
`
`       FIRST USE ANYWHERE DATE
`
`At least as early as 03/16/2023
`
`       FIRST USE IN COMMERCE DATE
`
`At least as early as 03/16/2023
`
`       SPECIMEN FILE NAME(S)
`
`SPE0-2601cf4580ab10601a35 01d0e735a6-2023031710314 7
`652081_._Specimen1_202303
`
`       SPECIMEN DESCRIPTION
`
`storefront photograph
`
`        WEBPAGE URL
`
`None Provided
`
`

`

`        WEBPAGE DATE OF ACCESS
`
`None Provided
`
`*INTERNATIONAL CLASS
`
`042 
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`Design and testing of new products, namely, pinatas, for others
`
`SECTION 1(a)
`
`       FIRST USE ANYWHERE DATE
`
`At least as early as 03/17/2023
`
`       FIRST USE IN COMMERCE DATE
`
`At least as early as 03/17/2023
`
`       SPECIMEN FILE NAME(S)
`
`SPE0-2601cf4580ab10601a35 01d0e735a6-2023031710314 7
`652081_._Specimen2_202303
`
`       SPECIMEN DESCRIPTION
`
`Google advertisement
`
`        WEBPAGE URL
`
`https://www.google.com/search?client=firefox-b-1-
`d&q=the+pinata+factory#ip=1&lpstate=pid:CIHM0ogKEICAgICh4Yzd
`GQ
`
`        WEBPAGE DATE OF ACCESS
`
`03/17/2023
`
`*INTERNATIONAL CLASS
`
`043 
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`Rental of chairs and tables
`
`SECTION 1(a)
`
`       FIRST USE ANYWHERE DATE
`
`At least as early as 03/16/2023
`
`       FIRST USE IN COMMERCE DATE
`
`At least as early as 03/16/2023
`
`       SPECIMEN FILE NAME(S)
`
`SPE0-2601cf4580ab10601a35 01d0e735a6-2023031710314 7
`652081_._Specimen1_202303
`
`       SPECIMEN DESCRIPTION
`
`photograph of chair label
`
`        WEBPAGE URL
`
`None Provided
`
`        WEBPAGE DATE OF ACCESS
`
`None Provided
`
`ADDITIONAL STATEMENTS SECTION
`
`*TRANSLATION
`(if applicable)
`
`*TRANSLITERATION
`(if applicable)
`
`*CLAIMED PRIOR REGISTRATION
`(if applicable)
`
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`*CONCURRENT USE CLAIM
`(if applicable)
`
`ATTORNEY INFORMATION
`
` 
`
` 
`
` 
`
` 
`
`NAME
`
`Gregory T. Ourada
`
`ATTORNEY BAR MEMBERSHIP
`NUMBER
`
`556371
`
`

`

`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/
`TERRITORY
`
`2006
`
`Georgia
`
`FIRM NAME
`
`HILL, KERTSCHER & WHARTON, LLP
`
`INTERNAL ADDRESS
`
`Suite 1050
`
`STREET
`
`CITY
`
`STATE
`
`3625 Cumberland Blvd SE
`
`Atlanta
`
`Georgia
`
`COUNTRY/REGION/JURISDICTION/U.S.
`TERRITORY
`
`United States
`
`ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`30339
`
`678-384-7443
`
`770-953-1358
`
`EMAIL ADDRESS
`
`trademarks@hkw-law.com
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`Gregory T. Ourada
`
`PRIMARY EMAIL ADDRESS FOR
`CORRESPONDENCE
`
`trademarks@hkw-law.com
`
`SECONDARY EMAIL ADDRESS(ES)
`(COURTESY COPIES)
`
`NOT PROVIDED
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`TEAS Plus
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION
`PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`* SIGNATURE
`
`* SIGNATORY'S NAME
`
`4
`
`250
`
`1000
`
`1000
`
`/Gregory T Ourada/
`
`Gregory T. Ourada
`
`* SIGNATORY'S POSITION
`
`Attorney of record, GA bar member
`
`SIGNATORY'S PHONE NUMBER
`
`678-384-7443
`
`* DATE SIGNED
`
`04/18/2023
`
`SIGNATURE METHOD
`
`Signed directly within the form
`
`

`

`PTO- 1478
`
`Approved for use through 10/31/2024. OMB 0651-0009
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`Trademark/Service Mark Application, Principal Register
`
`To the Commissioner for Trademarks:
`
`TEAS Plus Application
`
`Serial Number: 97894110
`Filing Date: 04/18/2023
`
`The applicant, The Pinata Factory, LLC, a limited liability company legally organized under the laws of Georgia, having an
`address of
`      Suite 400
`      2350 Spring Rd.
`      Smyrna, Georgia 30080
`      United States
`      thepfactory1@gmail.com
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the
`Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`International Class 028:  Piñatas
`
`Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The
`applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or
`in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard
`character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if
`color is being claimed as a feature of the mark.
`
`In International Class 028, the mark was first used by the applicant or the applicant's related company or licensee
`predecessor in interest at least as early as 03/16/2023, and first used in commerce at least as early as 03/16/2023, and is
`now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce
`on or in connection with any item in the class of listed goods/services, consisting of a(n) product photographs.
`Specimen-1 [SPE0-2601cf4580ab10601a35 01d0e735a6-20230317103147 652081_._Specimen1_202303 16_IC028.jpg ]
`Specimen-2 [SPE0-2601cf4580ab10601a35 01d0e735a6-20230317103147 652081_._Specimen2_202303 16_IC028.jpg ]
`
`Webpage URL: None Provided
`Webpage Date of Access: None Provided
`
`International Class 035:  Retail store services featuring party supplies
`
`Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The
`applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or
`in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard
`character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if
`color is being claimed as a feature of the mark.
`
`In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee
`predecessor in interest at least as early as 03/16/2023, and first used in commerce at least as early as 03/16/2023, and is
`now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce
`on or in connection with any item in the class of listed goods/services, consisting of a(n) storefront photograph.
`Specimen-1 [SPE0-2601cf4580ab10601a35 01d0e735a6-20230317103147 652081_._Specimen1_202303 16_IC035.jpg ]
`
`Webpage URL: None Provided
`Webpage Date of Access: None Provided
`
`International Class 042:  Design and testing of new products, namely, pinatas, for others
`
`Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The
`applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or
`
`

`

`in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard
`character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if
`color is being claimed as a feature of the mark.
`
`In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee
`predecessor in interest at least as early as 03/17/2023, and first used in commerce at least as early as 03/17/2023, and is
`now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce
`on or in connection with any item in the class of listed goods/services, consisting of a(n) Google advertisement.
`Specimen-1 [SPE0-2601cf4580ab10601a35 01d0e735a6-20230317103147 652081_._Specimen2_202303 16_IC042.jpg ]
`
`Webpage URL: https://www.google.com/search?client=firefox-b-1-
`d&q=the+pinata+factory#ip=1&lpstate=pid:CIHM0ogKEICAgICh4YzdGQ
`Webpage Date of Access: 03/17/2023
`
`International Class 043:  Rental of chairs and tables
`
`Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The
`applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or
`in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard
`character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if
`color is being claimed as a feature of the mark.
`
`In International Class 043, the mark was first used by the applicant or the applicant's related company or licensee
`predecessor in interest at least as early as 03/16/2023, and first used in commerce at least as early as 03/16/2023, and is
`now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce
`on or in connection with any item in the class of listed goods/services, consisting of a(n) photograph of chair label.
`Specimen-1 [SPE0-2601cf4580ab10601a35 01d0e735a6-20230317103147 652081_._Specimen1_202303 16_IC043.jpg ]
`
`Webpage URL: None Provided
`Webpage Date of Access: None Provided
`
`The owner's/holder's proposed attorney information: Gregory T. Ourada. Gregory T. Ourada of HILL, KERTSCHER &
`WHARTON, LLP, is a member of the Georgia bar, admitted to the bar in 2006, bar membership no. 556371, is located at
`      Suite 1050
`      3625 Cumberland Blvd SE
`      Atlanta, Georgia 30339
`      United States
`      678-384-7443(phone)
`      770-953-1358(fax)
`      trademarks@hkw-law.com
`
`Gregory T. Ourada submitted the following statement: The attorney of record is an active member in good standing of the bar
`of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
`
`The applicant's current Correspondence Information:
`      Gregory T. Ourada
`       PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@hkw-law.com
`       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
`
`Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant
`owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must
`be submitted via the Trademark Electronic Application System (TEAS).
`A fee payment in the amount of $1000 has been submitted with the application, representing payment for 4 class(es).
`
`Declaration
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`The signatory believes that the applicant is the owner of the trademark/service mark sought to be
`registered;
`
`

`

`The mark is in use in commerce and was in use in commerce as of the filing date of the application on or
`in connection with the goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application
`and was used on or in connection with the goods/services in the application as of the application filing
`date; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`And/Or
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. §
`1051(b), § 1126(d), and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use
`the mark in commerce as of the application filing date on or in connection with the goods/services in the
`application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users,
`have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
`likely, when used on or in connection with the goods/services of such other persons, to cause confusion or
`mistake, or to deceive.
`
`To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the
`circumstances, the allegations and other factual contentions made above have evidentiary support.
`
`The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or
`both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the
`application or submission or any registration resulting therefrom, declares that all statements made of his/her own
`knowledge are true and all statements made on information and belief are believed to be true.
`Declaration Signature
`
`Signature: /Gregory T Ourada/   Date: 04/18/2023
`Signatory's Name: Gregory T. Ourada
`Signatory's Position: Attorney of record, GA bar member
`Signatory's Phone Number: 678-384-7443
`Signature method: Signed directly within the form
`
`Thank you,
`
`The TEAS support team
`Tue Apr 18 14:42:00 ET 2023
`STAMP: USPTO/FTK-2601:cf:4580:ab10:f1f7:5706:e6cb:cb89-20230418144200476478-97894110-
`86094184eb34373af4e9bfd5aa234b3309756576d20b81a5067d7a5c06172322c-DA-42009321-20230418143910018344
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`

`

`To:
`
`Subject:
`
`Sent:
`Sent As:
`
`Gregory T. Ourada(trademarks@hkw-law.com)
`U.S. Trademark Application Serial No. 97894110 - THE PIÑATA FACTORY
`LLC
`January 17, 2024 10:53:10 AM EST
`tmng.notices@uspto.gov
`
`Attachments
`
`97515768
`97515769
`screencapture-www-ahdictionary-com-word-search-html-17054447415211
`screencapture-www-ahdictionary-com-word-search-html-17054446223721
`screencapture-www-ahdictionary-com-word-search-html-17054447554161
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No. 97894110
`
`Mark:  THE PIÑATA FACTORY LLC
`
`Correspondence Address:  
`GREGORY T. OURADA
`HILL, KERTSCHER & WHARTON, LLP
`3625 CUMBERLAND BLVD SE
`SUITE 1050
`ATLANTA GA 30339
`UNITED STATES
`
`Applicant:  The Pinata Factory, LLC
`
`Reference/Docket No. N/A
`
`Correspondence Email Address:  trademarks@hkw-law.com
`
`
`
`
`
`
`NONFINAL OFFICE ACTION
`
`Response deadline.  File a response to this nonfinal Office action within three months of the “Issue
`date” below to avoid abandonment of the application. Review the Office action and respond using one
`of the links to the appropriate electronic forms in the “How to respond” section below.
`
`Request an extension.  For a fee, applicant may request one three-month extension of the response
`deadline prior to filing a response. The request must be filed within three months of the “Issue date”
`below. If the extension request is granted, the USPTO must receive applicant’