ESTTA Tracking number: ESTTA1419730
`Filing date: 03/06/2025
`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 NIKE, Inc.
`Granted to date
`of previous ex-
`tension
`03/12/2025
`Address ONE BOWERMAN DRIVE
`BEAVERTON, OR 97005
`UNITED STATES
`Attorney informa-
`tion
`MICHAEL J. HARRIS
`ARNOLD & PORTER KAYE SCHOLER LLP
`70 W. MADISON STREET, SUITE 4200
`IP DOCKETING
`CHICAGO, IL 60602
`UNITED STATES
`Primary email: michael.harris@arnoldporter.com
`Secondary email(s): michael.kientzle@arnoldporter.com,
`charles.guarino@arnoldporter.com, kathleen.duffy@arnoldporter.com,
`kim.hedgren@arnoldporter.com, trademarkdocketing@arnoldporter.com
`3125832422
`Docket no. 1104164.5896
`Applicant information
`Application no. 98465334 Publication date 11/12/2024
`Opposition filing
`date
`03/06/2025 Opposition period
`ends
`03/12/2025
`Applicant Shenzhen Seaskin Sports Goods Co., Ltd.
`HELIAN COMMUNITY,LONGHUA ST,LONGHUA DIST
`RM 801,HONGYI BUILDING,NO.227,FULIAN ZON
`SHENZHEN, 518000
`CHINA
`Goods/services affected by opposition
`Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Diving equipment, namely, protective diving
`shoes; Diving gloves; Diving goggles; Diving helmets; Diving snorkels; Diving suits; Face masks for
`diving; Life vests; Lifejackets; Scuba diving masks
`Applicant information
`Application no. 98465339 Publication date 11/12/2024
`Opposition filing
`date
`03/06/2025 Opposition period
`ends
`
`
`
`
`
`
`
`Applicant Shenzhen Seaskin Sports Goods Co., Ltd.
`HELIAN COMMUNITY,LONGHUA ST,LONGHUA DIST
`RM 801,HONGYI BUILDING,NO.227,FULIAN ZON
`SHENZHEN, 518000
`CHINA
`Goods/services affected by opposition
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Board shorts; Boots for sport; Camouflage
`jackets; Camouflage pants; Gloves; Hoods; Protective neck and arm guards made of neoprene or
`other materials to prevent wetsuit chafing; Rash guards; Surf wear; Triathlon clothing, namely, triath-
`lon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits
`Grounds for opposition
`Priority and likelihood of confusion Trademark Act Section 2(d)
`Dilution by blurring Trademark Act Sections 2 and 43(c)
`Marks cited by opposer as basis for opposition
`U.S. registration
`no.
`0977190 Application date 01/31/1972
`Register Principal
`Registration date 01/21/1974 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 022. First use: First Use: Jun 18, 1971 First Use In Commerce: Jun 18,
`1971
`ATHLETIC SHOES WITH SPIKES AND ATHLETIC UNIFORMS FOR USE
`WITH SUCH SHOES
`Class 039. First use: First Use: Jun 18, 1971 First Use In Commerce: Jun 18,
`1971
`ATHLETIC SHOES WITHOUT SPIKES AND ATHLETIC UNIFORMS FOR USE
`WITH SUCH SHOES
`U.S. registration
`no.
`1145473 Application date 01/15/1979
`Register Principal
`Registration date 01/06/1981 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`The mark is comprised of a "Wing" design.
`Goods/services Class 018. First use: First Use: Mar 1972 First Use In Commerce: Mar 1972
`All Purpose Sports Bags, Travel Bags, Hand Bags and Shoulder Bags
`
`
`
`
`
`
`
`U.S. registration
`no.
`1264529 Application date 04/03/1981
`Register Principal
`Registration date 01/17/1984 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 042. First use: First Use: Feb 1972 First Use In Commerce: Feb 1972
`Retail Footwear and Apparel Store Services
`U.S. registration
`no.
`1284385 Application date 04/22/1982
`Register Principal
`Registration date 07/03/1984 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 025. First use: First Use: Jun 18, 1971 First Use In Commerce: Jun 18,
`1971
`Athletic and Casual Clothing for Men, Women and Children-Namely, Shirts,
`Pants, Shorts, Jackets, Warm-Up Suits, Swimwear, Tenniswear, Skirts, Sweat-
`ers, Underwear, Headwear, Socks and Wristbands
`U.S. registration
`no.
`1323343 Application date 04/03/1981
`Register Principal
`Registration date 03/05/1985 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 025. First use: First Use: Jun 18, 1971 First Use In Commerce: Jun 18,
`1971
`Footwear
`U.S. registration
`no.
`1926168 Application date 05/05/1993
`Register Principal
`
`
`
`
`
`
`
`Registration date 10/10/1995 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 016. First use: First Use: Apr 10, 1995 First Use In Commerce: Apr 10,
`1995
`[ binders, student planners, notebooks, portfolio covers ]
`Class 018. First use: First Use: Apr 10, 1995 First Use In Commerce: Apr 10,
`1995
`pouches for carrying school materials
`U.S. registration
`no.
`1990180 Application date 12/01/1995
`Register Principal
`Registration date 07/30/1996 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 025. First use: First Use: Jun 18, 1971 First Use In Commerce: Jun 18,
`1971
`full line of sports clothing
`U.S. registration
`no.
`2024437 Application date 12/02/1994
`Register Principal
`Registration date 12/17/1996 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 028. First use: First Use: Jul 26, 1995 First Use In Commerce: Jul 26,
`1995
`sports balls
`U.S. registration
`no.
`2490994 Application date 10/02/1995
`Register Principal
`Registration date 09/18/2001 Foreign priority NONE
`
`
`
`
`
`
`
`date
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 014. First use: First Use: 1996 First Use In Commerce: 1996
`[ jewelry ]
`Class 041. First use: First Use: Jul 1997 First Use In Commerce: Jul 1997
`entertainment services in the nature of sporting events of all types, namely, con-
`tests, clinics, camps, tournaments and exhibitions
`U.S. registration
`no.
`2522877 Application date 08/30/1996
`Register Principal
`Registration date 12/25/2001 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 009. First use: First Use: Jul 26, 1995 First Use In Commerce: Jul 26,
`1995
`[ helmets of all types for the practice of sports ]
`Class 028. First use: First Use: Jul 26, 1995 First Use In Commerce: Jul 26,
`1995
`sports balls of all types; weights for exercise and for lifting; weight lifting belts;
`protective padding, guards and body protectors of all types for the practice of
`sports; golf bags; [ head covers for golf clubs; golf tees and ball markers; base-
`ball and softball bats; ] mitts and gloves for the practice of all types of sports; [
`ice hockey sticks;] [ ice skates] and goggles for swimming
`U.S. registration
`no.
`2863049 Application date 05/11/2000
`Register Principal
`Registration date 07/13/2004 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 009. First use: First Use: Feb 20, 2001 First Use In Commerce: Feb 20,
`2001
`EYEGLASSES AND EYEGLASS FRAMES; COMPUTER SOFTWARE IN THE
`
`
`
`
`
`
`
`FIELD OF HEALTH AND FITNESS USED TO [ STORE AND ORGANIZE DI-
`GITAL MUSIC, CREATE CUSTOM CDS, DOWNLOAD DIGITAL MUSIC FROM
`THE INTERNET, BUILD AND TRANSFER PLAY LISTS, CATEGORIZE MUSIC
`BY TEMPO, ] LOG FITNESS DATA, NAMELY, TIMES, PACES, HEART RATE [
`AND INJURIES ], CREATE WORKOUT SCHEDULES AND GOALS, DOWN-
`LOAD DATA FROM A WATCH TO A COMPUTER [;DIGITAL AUDIO EQUIP-
`MENT, namely, PORTABLE DIGITAL MUSIC PLAYERS AND WALKIE TALK-
`IES ]
`Class 014. First use: First Use: Nov 3, 2000 First Use In Commerce: Nov 3,
`2000
`[ RADIO LINK WATCHES WHICH CONTAIN A RADIO FREQUENCY TRANS-
`MITTER, RECEIVER AND/OR TRANSCEIVER USED TO MONITOR HEART
`RATE, SPEED AND DISTANCE ]
`U.S. registration
`no.
`4704672 Application date 08/26/2013
`Register Principal
`Registration date 03/17/2015 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`The mark consists of a stylized curved line design.
`Goods/services Class 009. First use: First Use: Dec 2000 First Use In Commerce: Dec 2000
`[ Cell phone cases; parts and accessories for cell phones, namely, cell phone
`covers, specialty carrying cases for cell phones; cases for hand-held computing
`devices; protective covers for hand-held computing devices; ] eyewear;
`sunglasses; goggles for sports; [ ski goggles; snow goggles; ] computer applica-
`tion software for smart phones and mobile devices, namely, software for social
`networking, receipt and transmission of data, fitness, and fitness assessments;
`computer software for fitness and fitness assessments; [ electronic game discs,
`interactive game discs; ] sensors and electronic monitoring devices incorporat-
`ing microprocessors, digital display, and accelerometers, for detecting, storing,
`reporting, monitoring, uploading and downloading sport, fitness training, and
`activity data to the internet, mobile devices, [ and gaming consoles, ] and com-
`munication with mobile devices, gaming consoles and computers, electronic
`devices; [ USB hardware, USB chargers, adapters; USB adapters, pedometers;
`electronic monitoring devices incorporating indicators that light up and change
`color based on wearer's cumulative activity level ]
`U.S. registration
`no.
`5794674 Application date 01/24/2019
`Register Principal
`Registration date 07/02/2019 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`The mark consists of a stylized curved line design.
`
`
`
`
`
`
`
`Goods/services Class 035. First use: First Use: Feb 1972 First Use In Commerce: Feb 1972
`Retail store services and on-line retail store services featuring apparel, apparel
`accessories, footwear, footwear accessories, headwear, eyewear and accessor-
`ies, sporting goods and equipment, bags, sports bags, sports and fitness
`products and accessories
`U.S. registration
`no.
`7401696 Application date 06/06/2023
`Register Principal
`Registration date 05/28/2024 Foreign priority
`date
`NONE
`Word mark NONE
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 010. First use: First Use: Jan 2010 First Use In Commerce: Jan 2010
`Athletic sleeves, namely, compression sleeves for athletic use
`Class 018. First use: First Use: Mar 1972 First Use In Commerce: Mar 1972
`sports bags, handbags, backpacks, duffle bags, purses, shoulder bags, tote
`bags, gym knap sacks, drawstring bags, waist packs, crossbody bags, shoe
`bags for travel, diaper bags
`Class 021. First use: First Use: Jul 2015 First Use In Commerce: Jul 2015
`lunch bags not of paper, lunch boxes
`Class 025. First use: First Use: Jan 2010 First Use In Commerce: Jan 2010
`Sleeves worn separate and apart from blouses, shirts and other tops; Clothing,
`namely, neck warmers, gloves, belts, hijabs, scarves, and dresses; Headbands
`Class 026. First use: First Use: Mar 2013 First Use In Commerce: Mar 2013
`hair accessories, namely, hair ties and hair bands
`Class 027. First use: First Use: Jan 2021 First Use In Commerce: Jan 2021
`yoga mats; bags specially adapted for yoga mats
`Attachments 72414177#TMSN.png( bytes )
`73200031#TMSN.png( bytes )
`73304174#TMSN.png( bytes )
`73361065#TMSN.png( bytes )
`73304275#TMSN.png( bytes )
`74386739#TMSN.png( bytes )
`75028000#TMSN.png( bytes )
`74605805#TMSN.png( bytes )
`75000071#TMSN.png( bytes )
`75161020#TMSN.png( bytes )
`76046522#TMSN.png( bytes )
`86048476#TMSN.png( bytes )
`88274502#TMSN.png( bytes )
`98030039#TMSN.png( bytes )
`Consolidated Notice of Opposition.pdf(2216590 bytes )
`Signature /Michael J. Harris/
`
`
`
`
`
`
`
`Name MICHAEL J. HARRIS
`Date 03/06/2025
`
`
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Trademark Applicant
`Shenzhen Seaskin Sports Goods Co., Ltd.
`
`Marks:
`(1)
` Serial No. 98465334
` Filing Date: March 24, 2024
` Publication Date: November 12, 2024
`
`(2)
` Serial No. 98465339
` Filing Date: March 24, 2024
` Publication Date: November 12, 2024
`
`
`NIKE, INC.,
`Opposer,
`
`vs.
`
`SHENZHEN SEASKIN SPORTS GOODS CO., LTD.
`Applicant.
`Opposition No. ________
`
`
`CONSOLIDATED NOTICE OF OPPOSITION
`
`Opposer, Nike, Inc., a corporation of Oregon, whose address is One Bowerman Drive,
`Beaverton, Oregon 97005, believes it will be damaged by the registra tion of the above-identified
`marks, applied for on the Prin cipal Register by Shenzhen S easkin Sports Goods Co., Ltd., a
`Chinese limited company, whose address is Helian Community, Longhua St, Longhua Dist., Rm
`801, Hongyi Building, No.227, Fulian Zon, Shenzhen, China 518000 and opposes the same.
`The grounds for the opposition are as follows:
`
`
`
`
`
`
`
`
`
`2
`BACKGROUND ON OPPOSER AND ITS SWOOSH DESIGN
`1. Opposer is a leading provider of a broa d range of clothing, fo otwear, accessories,
`equipment, and other physical and digital products and services rela ting to sports, fitness, health
`and wellness, lifestyle and fashion.
`2. Opposer is the owner of rights granted via federal registrations and common law
`rights for the design mark shown in Figure 1 (the “Swoosh Desi gn”) and has continuously used
`the mark in interstate commerce since at least as early as 1971 in connection with footwear and
`apparel and retail footwear and apparel store services.
`
`Figure 1
`
`3. The year 2021 marked the 50th Anniversary of the Swoosh Design. In addition to
`continuous use of the Swoosh Design in intersta te commerce in connecti on with footwear and
`apparel, Opposer has continuously used the Swoosh Design in interstate commerce in connection
`with a variety of goods and services. Opposer’s use of the Swoosh Design over the years includes,
`but is not limited to , the goods and services co vered by the registration s for the Swoosh Design
`identified below, and other registrations for the Swoosh Design owned by Opposer over the years.
`4. Opposer also uses its Swoosh Design in connection with swimwear and swim-
`related accessories and equipment, including goggles, masks, swim caps, swim fins, hand paddles,
`kickboards, and beach towels. https://www.nike.com/w/surf-swimming-3c2dj. Below are
`representative examples of Opposer’s swimw ear and swim-related acce ssories and equipment
`featuring the Swoosh Design:
`
`
`
`
`
`
`
`
`
`3
`Examples of Opposer’s Swimwear and Swim-Related Accessories and Equipment
`
`
`
`OPPOSER OWNS MULTIPLE
`TRADEMARK REGISTRATIONS FOR THE SWOOSH DESIGN
`
`5. Opposer is the owner of multiple U.S. Trademark Registrations for the Swoosh
`Design, including, but not limite d to, the following U.S. Tradem ark Registrations pleaded in
`paragraphs 6 through 19 below.
`6. Opposer is the owner of U.S Trademar k Registration No. 977,190 for the mark
`shown below in Figure 2 for “Athletic shoes with spikes and athletic uniforms for use with such
`shoes” in International Class 25, and “Athletic shoes without spikes and athletic uniforms for use
`with such shoes” in International Class 25, registered January 22, 1974. This Registration is
`
`
`
`
`
`
`
`
`
`4
`incontestable pursuant to Section 15 of the Lanha m Act, 15 U.S.C. § 1065, and thus serves as
`conclusive evidence of the validity of Opposer’s Swoosh Design pursuant to 15 U.S.C. § 1115(b).
`
`Figure 2
`
`7. Opposer is the owner of U.S. Trademark Registration No. 1,145,473 for the mark
`shown below in Figure 3 for “All purpose sports bags, travel bags, hand bags and shoulder bags”
`in International Class 18, registered January 6, 1981. This Registration is incontestable pursuant
`to Section 15 of the Lanham Act, 15 U.S.C. § 1065, and thus serves as conclusive evidence of the
`validity of Opposer’s Swoosh Design pursuant to 15 U.S.C. § 1115(b).
`
`Figure 3
`
`8. Opposer is the owner of U.S. Trademark Registration No. 1,264,529 for the mark
`shown below in Figure 4 for “Retai l footwear and apparel store services” in International Class
`42, registered January 17, 1984. This Registration is incontestable pursuant to Section 15 of the
`Lanham Act, 15 U.S.C. § 1065, and thus serves as conclusive evidence of the validity of Opposer’s
`Swoosh Design pursuant to 15 U.S.C. § 1115(b).
`
`Figure 4
`
`9. Opposer is the owner of U.S. Trademark Registration No. 1,284,385 for the mark
`shown below in Figure 5 for “Athletic and casual clothing for men, women and children-namely,
`shirts, pants, shorts, jackets, warm-up suits, swimwear, tenniswear, sk irts, sweaters, underwear,
`
`
`
`
`
`
`
`
`
`5
`headwear, socks and wristbands” in International Class 25, registered July 3, 1984. This
`Registration is incontestable pursuant to Section 15 of the Lanham Act, 15 U.S.C. § 1065, and thus
`serves as conclusive evidence of the validity of Opposer’s Swoosh Design pursuant to 15 U.S.C.
`§ 1115(b).
`
`Figure 5
`
`10. Opposer is the owner of U.S. Trademark Registration No. 1,323,343 for the mark
`shown below in Figure 6 for “Footwear” in International Class 25, registered March 5, 1985. This
`Registration is incontestable pursuant to Section 15 of the Lanham Act, 15 U.S.C. § 1065, and thus
`serves as conclusive evidence of the validity of Opposer’s Swoosh Design pursuant to 15 U.S.C.
`§ 1115(b).
`
`Figure 6
`
`11. Opposer is the owner of U.S. Trademark Registration No. 1,926,168 for the mark
`shown below in Figure 7 for “Pouc hes for carrying school materials” in International Class 18,
`registered October 10, 1995.
`
`Figure 7
`12. Opposer is the owner of U.S. Trademark Registration No. 1,990,180 for the mark
`shown below in Figure 8 for “Full line of sports clothing” in International Class 25, registered July
`30, 1996. This Registration is incontestable pursuant to Section 15 of the Lanham Act, 15 U.S.C.
`
`
`
`
`
`
`
`
`
`6
`§ 1065, and thus serves as conclusive evidence of the validity of Opposer’s Swoosh Design
`pursuant to 15 U.S.C. § 1115(b).
`
`Figure 8
`
`13. Opposer is the owner of U.S. Trademark Registration No. 2,024,437 for the mark
`shown below in Figure 9 for “Sports balls” in In ternational Class 28, registered December 17,
`1996. This Registration is incont estable pursuant to Section 15 of the Lanham Act, 15 U.S.C. §
`1065, and thus serves as conclusive evidence of the validity of Opposer’s Swoosh Design pursuant
`to 15 U.S.C. § 1115(b).
`
`Figure 9
`14. Opposer is the owner of U.S. Trademark Registration No. 2,490,994 for the mark
`shown below in Figure 10 for “Entertainment services in the nature of sporting events of all types,
`namely, contests, clinics, camps, tournaments and exhibitions” in International Class 41, registered
`September 18, 2001. This registration is incontestable pursuant to Section 15 of the Lanham Act,
`15 U.S.C. § 1065, and thus serves as conclusive evidence of the validity of Opposer’s Swoosh
`Design pursuant to 15 U.S.C. § 1115(b).
`
`Figure 10
`
`15. Opposer is the owner of U.S. Trademark Registration No. 2,522,877 for the mark
`shown below in Figure 11 for “Sports balls of all types; weights for exercise and for lifting; weight
`
`
`
`
`
`
`
`
`
`7
`lifting belts; protective padding, guards and body protectors of all types for the practice of sports;
`golf bags; mitts and gloves for the practice of al l types of sports; and goggles for swimming” in
`International Class 28, registered December 25, 2001. This Registration is incontestable pursuant
`to Section 15 of the Lanham Act, 15 U.S.C. § 1065, and thus serves as conclusive evidence of the
`validity of Opposer’s Swoosh Design pursuant to 15 U.S.C. § 1115(b).
`
`Figure 11
`
`16. Opposer is the owner of U.S. Trademark Registration No. 2,863,049 for the mark
`shown below in Figure 12 for “Eyeglasses and eyeglass frames; computer software in the field of
`health and fitness used to log fitness data, na mely, times, paces, heart rate, create workout
`schedules and goals, download data from a watch to a computer” in International Class 9,
`registered July 13, 2004. This Registration is incontestable pursuant to Section 15 of the Lanham
`Act, 15 U.S.C. § 1065, and thus serves as conclusive evidence of the validity of Opposer’s Swoosh
`Design pursuant to 15 U.S.C. § 1115(b).
`
`Figure 12
`17. Opposer is the owner of U.S. Trademark Registration No. 4,704,672 for the mark
`shown below in Figure 13 for “eyewear; sunglasses; goggles for sports; computer application
`software for smart phones and mobile devices, namely, software for social networking, receipt and
`transmission of data, fitness, and fitness assess ments; computer software for fitness and fitness
`assessments; sensors and electr onic monitoring devices incorpor ating microprocessors, digital
`display, and accelerometers, for detecting, storing, reporting, monitoring, uploading and
`
`
`
`
`
`
`
`
`
`8
`downloading sport, fitness training, and activity data to the internet, mobile devices, and
`communication with mobile devices, gaming cons oles and computers, electronic devices” in
`International Class 9, registered March 17, 2015. This Registrati on is incontestable pursuant to
`Section 15 of the Lanham Act, 15 U.S.C. § 1065, a nd thus serves as conclusive evidence of the
`validity of Opposer’s Swoosh Design pursuant to 15 U.S.C. § 1115(b).
`
`Figure 13
`18. Opposer is the owner of U.S. Trademark Registration No. 5,794,674 for the mark
`shown below in Figure 14 for “Ret ail store services and on-line re tail store services featuring
`apparel, apparel accessories, footwear, footwear accessories, headwear, eyewear and accessories,
`sporting goods and equipment, bags, sports bags, sports and fitness products and accessories” in
`International Class 35, registered July 2, 2019.
`
`Figure 14
`
`19. Opposer is the owner of U.S. Trademark Registration No. 7,401,696 for the mark
`shown below in Figure 15 for “Athletic sleeves, name ly, compression sleeves for athletic use” in
`International Class 10, for “sports bags, handbags, backpacks, duffle bags, purses, shoulder bags,
`tote bags, gym knap sacks, drawstring bags, wais t packs, crossbody bags, shoe bags for travel,
`diaper bags” in International Class 18, for “lunch bags not of paper, lunch boxes” in International
`Class 21, for “Sleeves worn sepa rate and apart from blouses, shir ts and other tops; Clothing,
`namely, neck warmers, gloves, belts, hijabs, scarves, and dresse s; Headbands” in International
`Class 25, for “hair accessories, namely, hair ties and hair bands” in International Class 26, and for
`
`
`
`
`
`
`
`
`
`9
`“yoga mats; bags specially adapted for yoga mats ” in International Clas s 27 registered May 28,
`2024.
`
`Figure 15
`
`20. Copies of the foregoing U.S. Tradem ark Registrations for the Swoosh Design,
`including the USPTO TSDR records showing current status and title, are attached as Exhibit A.
`21. In addition to the registrations identified above, over the years, Opposer has owned
`other registrations for the Swoosh Design in the United States.
`OPPOSER’S SWOOSH DESIGN IS WIDELY RECOGNIZED AND FAMOUS
`22. Opposer has made substantial sales of goods and services under its Swoosh Design
`and has used the Swoosh Design in highly successful advertising and promotional campaigns over
`the course of many years. As a result of Opposer’s widespread use of its Swoosh Design for more
`than five decades, the Swoosh Design has become a core part of Opposer’s identity.
`23. Over the years, Opposer has filed seve ral successful opposi tion and cancellation
`proceedings based on its Swoosh Design, resulting in judgment in NIKE’s favor and/or voluntary
`withdrawal of the application or registration at issue, in cluding proceedings involving the
`following marks:
`NIKE’s Successful Opposition & Cancellation
`Proceedings Based on Swoosh Design
`Opposed
`Mark
`Nike, Inc. v. Dongguan Yingfang Garment, Co., Ltd.
`(Opposition No. 91209616)
`
`Nike, Inc. v. Zeng Zufa
`(Opposition No. 91245745)
`
`Nike, Inc. v. Guirenniao Co., Ltd.
`(Cancellation No. 92067876)
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`10
`NIKE’s Successful Opposition & Cancellation
`Proceedings Based on Swoosh Design
`Opposed
`Mark
`Nike, Inc. v. MyDojo Marketing LLC
`(Cancellation No. 92073562)
`
`Nike, Inc. v. Guangzhou Yinchenxing Trading Co., Ltd.
`(Opposition No. 91269920)
`
`Nike, Inc. v. HuaFei Sporting Goods Co. Ltd, Zhangzhou
`(Opposition No. 91270150)
`
`Nike, Inc. v. Song Shijun
`(Opposition No. 91269524)
`
`Nike, Inc. v. Hubei Benxing New Material Co., Ltd.
`(Opposition No. 91268063)
`
`Nike, Inc. v. Guangzhou Zixusheng Trading Co. Ltd.
`(Opposition No. 91273387)
`
`Nike, Inc. v. Darad Innovation Corporation
`(Opposition No. 91273868)
`
`Nike, Inc. v. Air Skate & Air Jump Corp.
`(Opposition No. 91271605)
`
`Nike, Inc. v. Dongguan Haoxue Electronics and Tech. Co. Ltd.
`(Opposition No. 91277053)
`
`Nike, Inc. v. Shenzhen Cleanmo Technology Co. Ltd.
`(Opposition No. 91277300)
`
`Nike, Inc. v. JustBookIt LLC
`(Opposition No. 91273889)
`
`Nike, Inc. v. Center for Physical Rehabilitation and Therapy, LP
`(Opposition No. 91276430)
`
`Nike, Inc. v. Firbest co. Ltd.
`(Opposition No. 91290212)
`
`
`24. Moreover, the Swoosh Design has been declared “famous.” See, e.g., Leviton
`MFG. v. Universal Security Instruments, Inc. et al., 409 F. Supp.2d 643, 652 n.12 (D. Md. 2006)
`(“it is clear that the Nike ‘Swoosh’ has attained secondary meaning and indeed, is ‘famous’”).
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`11
`25. Opposer’s Swoosh Design also has achieved fa me internationally, is registered in
`more than 180 countries and geographic regions, and is one of the most recognizable trademarks
`in the world.
`26. As a result of Opposer’s long use and re gistration of its Swoosh Design, Opposer
`has developed substantial goodwill in said mark, and the public has come to associate the Swoosh
`Design with the goods and services of Opposer.
`BACKGROUND ON APPLICANT AND ITS MARKS
`27. Applicant filed its application for the mark shown below in Figure 16 on March 24,
`2024. Applicant filed Application Serial No. 98465334 (“the ‘334 Application”) pursuant to
`Section 1(b) of the Trademark Act for intended use in connection with “Diving equipment, namely,
`protective diving shoes; Diving gloves; Diving goggles; Diving helmets; Diving snorkels; Diving
`suits; Face masks for diving; Life vests; Lifejackets; Scuba diving masks” International Class 9.
`
`Figure 16
`
`28. Applicant filed its application for the mark shown below in Figure 17 on March 24,
`2024. Applicant filed Application Serial No. 98465339 (“the ‘339 Application”) pursuant to
`Section 1(b) of the Trademark Ac t for intended use in connection with “Board shorts; Boots for
`sport; Camouflage jackets; Camouflage pants; Gloves; Hoods; Protective neck and arm guards
`made of neoprene or other materials to prevent wetsuit chafing; Rash guards; Surf wear; Triathlon
`clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits”
`International Class 25.
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`12
`
`Figure 17
`
`29. If Applicant is permitted to register the ‘334 Application and the ‘339 Application
`(“Applicant’s Marks”), the regi strations will give Applicant a prima facie exclusive right to the
`use of Applicant’s Marks for the goods set forth in the applications. Such registration would
`damage and injure Opposer.
`COUNT I
`LIKELIHOOD OF CONFUSION
`30. Opposer repeats and realleges paragraphs 1-29 as paragraph 30 of this Count I.
`31. Opposer’s use and registration of its Swoosh Design is long prior to the filing date
`of the opposed applications.
`32. On information and belief, Applicant was aware of Opposer’s Swoosh Design at
`the time that Applicant filed its applications.
`33. Applicant’s Marks are confusingly similar to Opposer’s Swoosh Design, as shown
`in the side-by-side comparison in Figure 18 below.
`
`34. The goods identified in Applicant’s ‘ 334 Application and ‘339 Application are
`goods that are closely related to the goods and services for which Opposer’s Swoosh Design is
`used and registered, and which may be offered in th e same channels of trade to the same types of
`consumers for Opposer’s goods and services.
`
`Opposer’s Swoosh Design Applicant’s Marks
`Figure 18
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`13
`35. Due to at least the similari ty of the marks and goods involved, and other factors,
`Applicant’s use and registration of Applicant’s Marks will inevitably lead to confusion, to mistake,
`or to deception of the public within the mean ing of Section 2(d) of the Lanham Act, 15 USC §
`1052(d), all to Opposer’s grave and irreparable damage.
`36. Registration of Applicant’s Marks shoul d be denied based on a likelihood of
`confusion with Opposer’s prior re gistered Swoosh Design, in viol ation of Section 2(d) of the
`Lanham Act, 15 USC § 1052(d).
`COUNT II
`DILUTION
`37. Opposer repeats and realleges paragraphs 1-36 as paragraph 37 of this Count II.
`38. As a further ground for the opposition, Opposer’s Swoosh Design, which has been
`in use in commerce since 1971 and re gistered for over fifty years, is famous within the meaning
`of Lanham Act Section 43(c), 15 USC § 1125(c).
`39. Opposer’s Swoosh Design became famous prior to the filing date of the
`applications for Applicant’s Marks and prior to any use or any use in commerce by Applicant of
`Applicant’s Marks, as a trademark, service mark, or trade name.
`40. Registration of Applicant’s Marks are likely to cause dilution of Opposer’s Swoosh
`Design, to the injury of Opposer, by diluting the distinctiveness of Opposer’s Swoosh Design and
`lessening the capacity of Opposer’s Swoosh Desi gn to identify and distinguish Opposer’s goods
`and services, in violation of Section 43(c) of the Lanham Act, 15 USC § 1125(c).
`41. Registration of Applicant’s Marks shoul d be denied based on a likelihood of
`dilution of the distinctive quality of Opposer’s famous Swoosh De sign, in violation of Section
`43(c) of the Lanham Act, 15 USC § 1125(c).
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`14
`CLAIM FOR RELIEF/DAMAGE
`42. By reason of the foregoing, Applicant’s re gistrations of App licant’s Marks will
`cause injury and damage to Opposer’s rights to its registered Swoosh Design and to its use thereof
`described above.
`WHEREFORE, Opposer respectfully prays th at the present opposition be sustained and
`that the registrations sought by Applicant be refused.
`AUTHORIZATION FOR PAYMENT OF FEES
`The Patent and Trademark Office and Trad emark Trial and Appeal Board are hereby
`authorized to collect any fees necessitated by this Consolidated Notice of Opposition from the
`credit card on file for Arnold & Porter Kaye Scholer LLP.
`Respectfully submitted,
`
`Arnold & Porter Kaye Scholer LLP
`Attorneys for Opposer
`
`Date: March 6, 2025 By: /Michael J. Harris/
`Michael J. Harris
`70 West Madison St., Suite 4200
`Chicago, Illinois 60602-4231
`Telephone: (312) 583-2422
`michael.harris@arnoldporter.com
`Charles P. Guarino
`250 West 55th Street
`New York, NY 10019-9710
`Telephone: (212) 836-7244
`charles.guarino@arnoldporter.com
`Michael Kientzle
`Kathleen P. Duffy
`601 Massachusetts Ave. NW
`Washington, DC 20001-3743
`Telephone: (202)942-5000
`michael.kientzle@arnoldporter.com
`kathleen.duffy@arnoldporter.com
`
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`15
`Enclosure:
`Exhibit A: Copies of Reg. Nos. 977,190; 1,145,473; 1,264,529; 1,284,385; 1,323,343;
`1,926,168; 1,990,180; 2,024,437; 2,490,994; 2,522,877; 2,863,049; 4,704,672;
`5,794,674; 7,401,696, and TSDR Records showing current status and title from
`the USPTO’s TSDR system on Mach 6, 2025
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`EXHIBIT A
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` 
`Mark Information
`Mark Literal
`Elements:
`None
`Standard Character
`Claim:
`No
`Mark Drawing
`Type:
`2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S) /NUMBER(S)
`Design Search
`Code(s):
`26.17.08 - Band, one (geometric); Bar, one; Line, one; One line, band, bar or angle
`26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved
`26.17.12 - Angles (geometric); Chevrons
`Goods and Services
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`For: ATHLETIC SHOES WITH SPIKES AND ATHLETIC UNIFORMS FOR USE WITH SUCH SHOES
`International
`Class(es):
`025 U.S Class(es): 022 - Primary Class
`Class Status: ACTIVE
`First Use: Jun. 18, 1971 Use in Commerce: Jun. 18, 1971
`For: ATHLETIC SHOES WITHOUT SPIKES AND ATHLETIC UNIFORMS FOR USE WITH SUCH SHOES
`International
`Class(es):
`025 U.S Class(es): 039 - Primary Class
`Class Status: ACTIVE
`First Use: Jun. 18, 1971 Use in Commerce: Jun. 18, 1971
`Basis Information (Case Level)
`Filed Use: Yes Currently Use: Yes
`Filed ITU: No Currently ITU: No
`Filed 44D: No Currently 44D: No
`Filed 44E: No Currently 44E: No
`Filed 66A: No Currently 66A: No
`Generated on: This page was generated by TSDR on 2025-03-06 11:42:23 ES