ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1428562
`04/15/2025
`
`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
`Granted to date
`of previous ex-
`tension
`Address
`
`Party who filed
`extension of time
`to oppose
`Relationship to
`party who filed
`extension of time
`to oppose
`
`Attorney informa-
`tion
`
`Docket no.
`
`Tether Operations, S.A. de C.V.
`04/20/2025
`
`COLONIA ESCALóN, 87 AVENIDA NORTE, CALLE EL MIRADOR, EDIFICIO
`TORRE FUTURA, OFICINA 06, NIVEL 11
`SAN SALVADOR, EL SALVADOR
`EL SALVADOR
`Tether Operations, S.A. de C.V.
`
`As noted in Opposer's February 13, 2025 submission to the Trademark Trial and
`Appeal Board, Tether Operations Limited converted and relocated from the Brit-
`ish Virgin Islands to El Salvador in January 2025, and as part of this process, its
`name, entity type, and entity state of formation changed. This was after the initial
`90-day extension request was filed and before the final 60-day extension re-
`quest with consent was filed.
`
`JULIANNE A. HENLEY
`SPARROW IP PLLC
`1567 HIGHLANDS DRIVE NE, SUITE 110-290
`ISSAQUAH, WA 98029
`UNITED STATES
`Primary email: docket@sparrowip.com
`Secondary email(s): sachi@sparrowip.com, xiao@sparrowip.com, juli-
`anne@sparrowip.com
`No phone number provided
`1008
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`98443516
`04/15/2025
`
`Publication date
`Opposition period
`ends
`
`10/22/2024
`04/20/2025
`
`The Upper Deck Company
`5830 EL CAMINO REAL
`CARLSBAD, CA 92008
`UNITED STATES OF AMERICA
`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: Downloadable computer software featuring
`digital trading cards; Downloadable digital image files of trading cards authenticated by non-fungible
`
`

`

`tokens (NFTs); Downloadable images in the nature of trading cards
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`The mark is merely descriptive
`The mark is generic
`Failure to function as a mark
`The mark is not inherently distinctive and has not
`acquired distinctiveness
`
`Trademark Act Section 2(d)
`Trademark Act Section 2(e)(1)
`Trademark Act Sections 1, 2 and 45
`Trademark Act Sections 1, 2 and 45
`Trademark Act Sections 1, 2 and 45; and Section
`2(f)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`Register
`Registration date
`
`5724856
`
`Principal
`04/16/2019
`
`Word mark
`Design mark
`
`T
`
`Application date
`
`02/09/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`The mark consists of the letter "T" appearing inside a pentagon. The base of the
`letter "T" is surrounded by the outline of a circle.
`Class 036. First use: First Use: None First Use In Commerce: None
`Issuance and redemption of digital currency for currency; issuance and redemp-
`tion of virtual currency for currency; issuance and redemption of tokens of value;
`currency exchange services; currency trading; currency transfer services; on-
`line real-time currency trading; financial services, namely, providing electronic
`transfer of a digital currency for use by members of an on-line community via a
`global computer network; providing an internet website in the field of currency
`exchange services; financial exchange services, namely, providing a financial
`exchange for trading currency; digital currency exchange services; digital cur-
`rency trading; digital currency transfer services; on-line real-time digital currency
`trading; financial services, namely, providing electronic transfer of a digital cur-
`rency for use by members of an on-line community via a global computer net-
`work; providing an internet website in the field of digital currency exchange ser-
`vices; financial exchange services, namely, providing a financial exchange for
`trading digital currency; virtual currency exchange services; virtual currency trad-
`
`

`

`ing; virtual currency transfer services; on-line real-time virtual currency trading;
`financial services, namely, providing electronic transfer of a virtual currency for
`use by members of an on-line community via a global computer network; provid-
`ing an internet website in the field of virtual currency exchange services; finan-
`cial exchange services, namely, providing a financial exchange for trading virtual
`currency; issuance of tokens of value; valuable token exchange services; valu-
`able token trading; valuable token transfer services; on-line real-time valuable
`token trading; financial services, namely, providing electronic transfer of valu-
`able tokens for use by members of an on-line community via a global computer
`network; providing an internet website in the field of valuable token exchange
`services; financial exchange services, namely, providing a financial exchange
`for trading tokens of value; issuance of digital tokens; digital token exchange
`services; digital token trading; digital token transfer services; on-line real-time di-
`gital token trading; financial services, namely, providing electronic transfer of di-
`gital tokens for use by members of an on-line community via a global computer
`network; providing an internet website in the field of digital token exchange ser-
`vices; financial exchange services, namely, providing a financial exchange for
`trading digital tokens; providing currency futures exchange services for trading
`currency; financial exchange services, namely, a financial futures exchange for
`trading currency; providing digital currency futures exchange services for trading
`digital currency; financial exchange services, namely, a financial futures ex-
`change for trading digital currency; providing virtual currency futures exchange
`services for trading virtual currency; financial exchange services, namely, a fin-
`ancial futures exchange for trading virtual currency; providing valuable token fu-
`tures exchange services for trading tokens of value; financial exchange services,
`namely, a financial futures exchange for trading tokens of value; providing digital
`token futures exchange services for trading digital tokens; financial exchange
`services, namely, a financial futures exchange for trading digital tokens; elec-
`tronic financial trading services; providing information in the field of finance;
`providing an internet website in the field of financial transactions; providing an
`internet website in the field of finance; providing lines of credit; financial ser-
`vices, namely, facilitating the deposit, holding, and withdrawal of electronic
`funds; electronic payment processing services; financial services, namely, elec-
`tronic funds transfer; clearing and reconciling financial transactions
`Class 042. First use: First Use: None First Use In Commerce: None
`Platform as a service (PAAS) featuring computer software platforms for allowing
`online peer-to-peer currency financial services, namely, for trading, lending, fin-
`ancing, and exchange of currency, digital currency, virtual currency, valuable
`tokens, and digital tokens
`
`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`
`98661011
`
`NONE
`
`TETHER
`
`Application date
`
`07/22/2024
`
`Foreign priority
`date
`
`02/12/2024
`
`Description of
`mark
`Goods/services
`
`The mark consists of the term tether in lowercase letters to the left of a
`pentagon.
`Class 036. First use: First Use: None First Use In Commerce: None
`Financial services; issuance and redemption of digital currency for currency; is-
`suance and redemption of virtual currency for currency; issuance and redemp-
`tion of tokens of value; digital currency exchange services; digital currency trad-
`
`

`

`ing; digital currency transfer services; on-line real-time digital currency trading;
`financial services, namely, providing electronic transfer of a digital currency for
`use by members of an on-line community via a global computer network; provid-
`ing an internet website in the field of digital currency exchange services; finan-
`cial exchange services, namely, providing a financial exchange for trading digital
`currency; virtual currency exchange services; virtual currency trading; virtual cur-
`rency transfer services; on-line real-time virtual currency trading; financial ser-
`vices, namely, providing electronic transfer of a virtual currency for use by mem-
`bers of an on-line community via a global computer network; providing an inter-
`net website in the field of virtual currency exchange services; financial exchange
`services, namely, providing a financial exchange for trading virtual currency; is-
`suance of tokens of value; valuable token exchange services; valuable token
`trading; valuable token transfer services; on-line real-time valuable token trad-
`ing; financial services, namely, providing electronic transfer of valuable tokens
`for use by members of an on-line community via a global computer network;
`providing an internet website in the field of valuable token exchange services;
`financial exchange services, namely, providing a financial exchange for trading
`tokens of value; issuance of digital tokens; digital token exchange services; digit-
`al token trading; digital token transfer services; on-line real-time digital token
`trading; financial services, namely, providing electronic transfer of digital tokens
`for use by members of an on-line community via a global computer network;
`providing an internet website in the field of digital token exchange services; fin-
`ancial exchange services, namely, providing a financial exchange for trading di-
`gital tokens; providing digital currency futures exchange services for trading di-
`gital currency; financial exchange services, namely, a financial futures exchange
`for trading digital currency; providing virtual currency futures exchange services
`for trading virtual currency; financial exchange services, namely, a financial fu-
`tures exchange for trading virtual currency; providing valuable token futures ex-
`change services for trading tokens of value; financial exchange services,
`namely, a financial futures exchange for trading tokens of value; providing digital
`token futures exchange services for trading digital tokens; financial exchange
`services, namely, a financial futures exchange for trading digital tokens; elec-
`tronic financial trading services; providing information in the field of finance,
`cryptocurrency, digital and virtual currency and token of value; providing peer to
`peer financial services namely trading, lending, financing and exchange of digital
`tokens, valuable tokens, digital currency, and virtual currency via an online fin-
`ancing platform; digital, virtual and cryptocurrency dealing and trading; virtual
`currency services; financial exchange of crypto assets; financial services relating
`to cryptocurrency, virtual currency and digital currency; financial services
`provided via blockchain; currency exchange services; currency trading; currency
`transfer services; on-line real-time currency trading; financial services, namely,
`providing electronic transfer of currency for use by members of an on-line com-
`munity via a global computer network; providing an internet website in the field
`of currency exchange services; financial exchange services, namely, providing a
`financial exchange for trading currency; providing lines of credit; financial ser-
`vices, namely, facilitating the deposit, holding, and withdrawal of electronic
`funds; electronic payment processing services; financial services, namely, elec-
`tronic funds transfer; clearing and reconciling financial transactions; financial
`transfers, transactions and payment services; Financial consultancy in the en-
`ergy sector; consultancy relating to financing of energy projects; economic and
`financial evaluation of renewable energy projects; financing renewable energy
`projects; creation and issue of financial instruments based on the creation, sale,
`transmission and processing of electricity or fuels; energy trading; trading of
`electricity and gas as financial commodities; provision of financial funding and
`investment of projects relating to energy production, supply and distribution in-
`cluding renewable energy
`
`U.S. application
`no.
`
`98678818
`
`Application date
`
`08/01/2024
`
`

`

`Registration date
`
`NONE
`
`Word mark
`Design mark
`
`A
`
`Foreign priority
`date
`
`03/06/2024
`
`Description of
`mark
`Goods/services
`
`The mark consists of the letter "A" appearing inside a pentagon. The center of
`the letter "A" is surrounded by the outline of a circle.
`Class 009. First use: First Use: None First Use In Commerce: None
`Computer operating programs, recorded; computer programmes [programs], re-
`corded; computer program (downloadable software); computer software for en-
`cryption; computer software for database management; computer software for
`network management; security tokens [encryption devices]; digital wallet
`(downloadable computer software); electronic wallet (downloadable computer
`software); monitors [computer programs]; computer software platforms, recor-
`ded or downloadable; computer software application program (downloadable);
`computer software applications, downloadable; computer software, recorded
`
`U.S. application
`no.
`Registration date
`
`98678840
`
`NONE
`
`Word mark
`
`A
`
`Application date
`
`08/01/2024
`
`Foreign priority
`date
`
`03/06/2024
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`The mark consists of the letter "A" appearing inside a pentagon. The center of
`the letter "A" is surrounded by the outline of a circle..
`Class 036. First use: First Use: None First Use In Commerce: None
`Electronic funds transfer provided via blockchain technology; blockchain finance
`service; financial services; monetary exchange services; currency trading; on-
`line real-time currency trading; electronic financial trading services; providing fin-
`ancial information; provide financial information through the website; futures ex-
`change services
`
`U.S. registration
`no.
`Register
`Registration date
`
`6557873
`
`Principal
`11/16/2021
`
`Word mark
`Design mark
`
`T
`
`Application date
`
`04/15/2020
`
`Foreign priority
`date
`
`12/04/2019
`
`

`

`Description of
`mark
`Goods/services
`
`The mark consists of the letter "T" in white appearing inside a gold pentagon.
`The base of the letter "T" is surrounded by the outline of a white circle.
`Class 036. First use: First Use: None First Use In Commerce: None
`Issuance and redemption of digital currency for currency; issuance and redemp-
`tion of virtual currency for currency; issuance and redemption of tokens of value;
`currency exchange services; currency trading; currency transfer services; on-
`line real-time currency trading; financial services, namely, providing electronic
`transfer of a digital currency for use by members of an on-line community via a
`global computer network; providing an internet website portal in the field of cur-
`rency exchange services; providing an internet website featuring information in
`the field of currency exchange services; financial exchange services, namely,
`providing a financial exchange for trading currency; digital currency exchange
`services; digital currency trading; digital currency transfer services; on-line real-
`time digital currency trading; financial services, namely, providing electronic
`transfer of a digital currency for use by members of an on-line community via a
`global computer network; providing an internet website portal in the field of digit-
`al currency exchange services; providing an internet website featuring informa-
`tion in the field of digital currency exchange services; financial exchange ser-
`vices, namely, providing a financial exchange for trading digital currency; virtual
`currency exchange services; virtual currency trading; virtual currency transfer
`services; on-line real-time virtual currency trading; financial services, namely,
`providing electronic transfer of a virtual currency for use by members of an on-
`line community via a global computer network; providing an internet website
`portal in the field of virtual currency exchange services; providing an internet
`website featuring information in the field of virtual currency exchange services;
`financial exchange services, namely, providing a financial exchange for trading
`virtual currency; issuance of tokens of value; valuable token exchange services;
`valuable token trading; valuable token transfer services; on-line real-time valu-
`able token trading; financial services, namely, providing electronic transfer of
`valuable tokens for use by members of an on-line community via a global com-
`puter network; providing an internet website portal in the field of valuable token
`exchange services; providing an internet website featuring information in the
`field of valuable token exchange services; financial exchange services, namely,
`providing a financial exchange for trading tokens of value; issuance of digital
`tokens; digital token exchange services; digital token trading; digital token trans-
`fer services; on-line real-time digital token trading; financial services, namely,
`providing electronic transfer of digital tokens for use by members of an on-line
`community via a global computer network; providing an internet website portal in
`the field of digital token exchange services; providing an internet website featur-
`ing information in the field of digital token exchange services; financial exchange
`services, namely, providing a financial exchange for trading digital tokens;
`providing currency futures exchange services for trading currency; financial ex-
`change services, namely, a financial futures exchange for trading currency;
`providing digital currency futures exchange services for trading digital currency;
`financial exchange services, namely, a financial futures exchange for trading di-
`gital currency; providing virtual currency futures exchange services for trading
`virtual currency; financial exchange services, namely, a financial futures ex-
`change for trading virtual currency; providing valuable token futures exchange
`services for trading tokens of value; financial exchange services, namely, a fin-
`ancial futures exchange for trading tokens of value; providing digital token fu-
`tures exchange services for trading digital tokens; financial exchange services,
`namely, a financial futures exchange for trading digital tokens; electronic finan-
`cial trading services; providing information in the field of finance; providing an in-
`ternet website portal in the field of financial transactions; providing an internet
`website featuring information in the field of financial transactions; providing an
`internet website portal in the field of finance; providing an internet website fea-
`turing information in the field of finance; providing lines of credit; financial ser-
`vices, namely, facilitating the deposit, holding, and withdrawal of electronic
`funds; electronic payment processing services; financial services, namely, elec-
`
`

`

`tronic funds transfer; clearing and reconciling financial transactions
`
`98678845
`
`Application date
`
`08/01/2024
`
`NONE
`
`A
`
`Foreign priority
`date
`
`03/06/2024
`
`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`The mark consists of the letter "A" appearing inside a pentagon. The center of
`the letter "A" is surrounded by the outline of a circle..
`Class 042. First use: First Use: None First Use In Commerce: None
`Software as a service [SaaS]; platform as a service [PaaS]; design and develop-
`ment of computer software; providing information on computer technology and
`programming via a web site; data encryption and decoding services; providing
`temporary use services of online non-downloadable single sign-on software;
`user authentication services using blockchain technology; computer program-
`ming; maintenance and updating of computer software; developing and creating
`computer programs for data processing; computer platform development ser-
`vices; electronic data storage; off-site data backup; conversion of data or docu-
`ments from physical to electronic media; updating of data processing software;
`conversion of computer programs and data, other than physical conversion
`
`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`
`98661020
`
`NONE
`
`TETHER
`
`Application date
`
`07/22/2024
`
`Foreign priority
`date
`
`02/12/2024
`
`Description of
`mark
`Goods/services
`
`The mark consists of the term tether in lowercase letters to the left of a
`pentagon.
`Class 042. First use: First Use: None First Use In Commerce: None
`Design and development of computer software relating to finance; design and
`
`

`

`development of computer software relating to virtual and digital currency, crypto-
`currency and digital tokens of value; providing a secure, web-based service fea-
`turing technology that enables users to remotely access, send, receive, store,
`and manage digital assets, virtual tokens, digital currency, and cryptocurrency;
`software as a service [SaaS] for recording and exchanging financial and non-
`financial data and information to a cryptographic ledger; blockchain financial
`platform development services; design, development, implementation, and con-
`sultancy in software in the field of blockchains; computer programming in the
`field of cryptocurrency trading platforms; programming services in the field of
`software for ecommerce; blockchain platform development services; software as
`a service [SaaS] relating to financial matters; Artificial intelligence consultancy;
`platforms for artificial intelligence as software as a service (SaaS); software as a
`service (SaaS) featuring computer software platforms for artificial intelligence;
`research in the field of artificial intelligence and machine learning; data mining;
`technological research in the field of data mining; certification and authentication
`of data via blockchain; Research in the field of energy and renewable energy;
`scientific and technological services and research and design relating to the
`supply of renewable green energy and gas and electricity; electronic data stor-
`age; data decryption services; data encryption services; data migration services;
`recovery of computer data; electronic data back-up services; data conversion of
`computer program data or information, other than physical conversion; data con-
`version of electronic information; cloud storage services for electronic data; com-
`puter security threat analysis for protecting data; authentication of data in the
`field of financial transactions using blockchain technology; providing temporary
`use of online non-downloadable computer software for collecting, analyzing and
`organizing data in the field of deep learning; design and development of com-
`puter software for cloud storage of data; providing temporary use of online non-
`downloadable cloud computing software for cloud storage of data; providing
`temporary use of non-downloadable web-based decentralized applications
`(DApps) for cloud storage of data; providing temporary use of on-line, non-
`downloadable software for cryptocurrency mining; providing temporary use of
`on-line, non-downloadable software for shared computational processing and
`verification in the field of cryptocurrency mining; computer services, namely,
`cryptocurrency data mining services in the nature of hosting software, hardware,
`and infrastructure for use by others; cryptocurrency mining services, namely,
`providing temporary use of shared online non-downloadable computing infra-
`structure software for use in running transaction validation nodes for cryptocur-
`rency network; computer services, namely, pooled cryptocurrency mining ser-
`vices in the nature of providing temporary use of online, non-downloadable com-
`puting software for shared computational processing and verification in the field
`of cryptocurrency mining; rental of computer software for cryptocurrency mining
`
`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`
`98661006
`
`NONE
`
`TETHER
`
`Application date
`
`07/22/2024
`
`Foreign priority
`date
`
`02/12/2024
`
`Description of
`mark
`Goods/services
`
`The mark consists of the term tether in lowercase letters to the left of a
`pentagon.
`Class 009. First use: First Use: None First Use In Commerce: None
`Downloadable software for virtual currency, digital currency, digital tokens of
`
`

`

`value, and cryptocurrency; computer software to enable peer to peer payments
`using digital currency and digital tokens; computer software platforms for finan-
`cial and currency exchange; computer software for use in connection with digital
`currency and cryptocurrency; software for the purchase, sale, trade, payment,
`clearing, and deposit of tokens of value; computer application software for block-
`chain based financial platforms; computer software for use in electronically trad-
`ing, storing, sending, receiving, accepting, and transmitting digital currency and
`cryptocurrency; computer software and computer hardware for use as a crypto-
`currency wallet; computer software for use in managing digital currency payment
`and exchange transactions; computer software relating to the handling of online
`and digital financial transactions; digital, virtual and cryptocurrency exchange
`and trading software; downloadable computer software for managing cryptocur-
`rency transactions using blockchain technology; computer software relating to
`cryptocurrency, digital and virtual currency; computer programs relating to finan-
`cial matters; computer software relating to the handling of financial transactions;
`financial exchange software; currency exchange software; currency trading soft-
`ware; software for e-commerce over a global communications network; artificial
`intelligence software; interactive software based on artificial intelligence and ma-
`chine learning; downloadable computer software using artificial intelligence, ma-
`chine learning, deep learning, and reinforcement learning for use in financial
`transactions and financial matters; data mining software; data processing soft-
`ware; downloadable computer software for blockchain technology; download-
`able computer software for creating searchable databases of information and
`data; downloadable computer software for collecting, analyzing and organizing
`data in the field of deep learning; downloadable computer software for providing
`an on-line database in the field of transaction processing to upload transactional
`data, provide statistical analysis, and produce notifications and reports; com-
`puter hardware for cryptocurrency mining; downloadable computer software for
`cryptocurrency mining; recorded computer software for cryptocurrency mining;
`downloadable computer software platforms for cryptocurrency mining; recorded
`computer software platforms for cryptocurrency mining software platforms for
`cryptocurrency mining
`
`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`
`98661015
`
`NONE
`
`TETHER
`
`Application date
`
`07/22/2024
`
`Foreign priority
`date
`
`02/12/2024
`
`Description of
`mark
`Goods/services
`
`The mark consists of the term tether in lowercase letters to the left of a
`pentagon.
`Class 040. First use: First Use: None First Use In Commerce: None
`Production of energy; generation of gas and electricity; production of gas and
`electricity; power generation; electricity generation; generation of energy from
`renewable sources; production of renewable green energy; production of elec-
`trical energy from renewable sources; generation of electricity from wind, solar,
`thermal, geothermal and wave energy; providing electrical power obtained using
`geothermal energy systems; generation of energy via wind farms; generation of
`electricity from solar energy; production of hydroelectric power; services for the
`treatment of carbon emissions (carbon capture); carbon capture and storage
`services; hydrogen powered electricity generation; generation of power; genera-
`tion of energy; clean energy production; providing technical information in the
`
`

`

`Attachments
`
`field of power generation; consulting in the field of energy generation; consulting
`in the field of alternative energy generation; information, consultancy and advis-
`ory services relating to the above
`
`87791050#TMSN.png( bytes )
`98661011#TMSN.png( bytes )
`98678818#TMSN.png( bytes )
`98678840#TMSN.png( bytes )
`88873355#TMSN.png( bytes )
`98678845#TMSN.png( bytes )
`98661020#TMSN.png( bytes )
`98661006#TMSN.png( bytes )
`98661015#TMSN.png( bytes )
`Tether - The Upper Deck - Pentagon Design Notice of Opposition.pdf(261397
`bytes )
`Annex A - Opposerâ##s Certificates of Registration for Tetherâ##s Registr
`ations.pdf(142217 bytes )
`Annex B - TSDR reports for Tetherâ##s Registrations.pdf(76675 bytes )
`Annex C - TSDR reports for Tetherâ##s Prior Applications.pdf(191235 bytes )
`Annex D - CoinMarketCap.pdf(236646 bytes )
`Annex E - NFT Explanation Wikipedia 4-9-25.pdf(1794590 bytes )
`Annex F - TSDR Report for Upper Deck Pentagon Design Application.pdf(49277
`bytes )
`Annex G - 282 Active Filings in Class 9 with Pentagon in Mark Descrip
`tion.pdf(2375920 bytes )
`Annex H - upperdeck dot com Screenshots 4-10-25.pdf(1089714 bytes )
`Annex I - Forbes Article Digital Tokens.pdf(3342954 bytes )
`Annex J - Blockchain.pdf(1270991 bytes )
`
`Signature
`Name
`Date
`
`/Julianne A. Henley/
`Julianne A. Henley
`04/15/2025
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Tether Operations, S.A. de C.V.
`
`
`
`
`
`
`
`v.
`
`Opposer,
`
`The Upper Deck Company
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`Mark:
`
`
`
`Application Serial No.: 98/443,516
`
`Filing Date:
`
`
`
`March 11, 2024
`
`Publication Date: October 22, 2024
`
`
`
`Tether Operations, S.A. de C.V., an El Salvador Sociedad Anonima de Capital Variable
`
`with an address at Colonia Escalón, 87 Avenida Norte, Calle el Mirador, Edificio Torre Futura,
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`Oficina 06, Nivel 11, San Salvador, El Salvador (“Opposer”) believes it would be damaged by
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`registration of the Pentagon Design trademark (“Applicant's Alleged Mark”) by The Upper Deck
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`Company, a Nevada corporation with an address at 5830 El Camino Real, Carlsbad, California
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`92008, United States of America (“Applicant”) in connection with “downloadable computer
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`software featuring digital trading cards; downloadable digital image files of trading cards
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`authenticated by non-fungible tokens (NFTs); downloadable images in the nature of trading
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`cards” in Class 9 (“Applicant’s Offerings”) as listed in Application Serial No. 98/443,516
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`(“Application”), and hereby opposes the Application (“Opposition”).
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`

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`The grounds for this Opposition are as follows:
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`
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`I.
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`OPPOSER’S REGISTRATION AND BUSINESS
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`1.
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`Opposer owns United States Patent and Trademark Office (“Trademark Office”)
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`Registration No. 5,724,856 for Pentagon & T Logo in Classes 36 and 42 filed February 9,
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`2018 covering digital tokens, virtual currency, tokens of value, and related identifications
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`(“Pentagon Registration”) and Trademark Office Registration No. 6,557,873 for Gold
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`Pentagon & T Logo in Class 36 filed April 15, 2020 with a December 4, 2019 priority
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`filing date covering digital tokens, virtual currency, tokens of value, and related
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`identifications (“Gold Pentagon Registration”) (collectively, the Pentagon Registration
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`and Gold Pentagon Registration are referred to herein as the “Registrations”)
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`(collectively, the identifications covered by the Registrations are referred to herein as
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`“Opposer’s Registered Offerings”). Opposer’s Certificates of Registration for its
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`Registrations are attached as Annex A and TSDR reports for its Registrations are
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`attached as Annex B.
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`2.
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`Opposer owns Trademark Office Serial Nos. 98/661,006, 98/661,011, 98/661,015,
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`and 98/661,020 for Pentagon & TETHER in Classes 9, 36, 40, and 42 filed July 22, 2024
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`with a February 12, 2024 priority filing date covering downloadable software, virtual
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`currency, digital currency, digital tokens, cryptocurrency, peer to peer payment services,
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`blockchain technology, cryptocurrency wallets, artificial intelligence software,
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`cryptocurrency mining, financial services, energy, and related identifications
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`(collectively, the “Pentagon Tether Applications”) and Trademark Office Serial Nos.
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`98/678,818, 98/678,840, and 98/678,845 for Pentagon & A Logo in Classes 9, 36, and 42
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`filed August 1, 2024 with a March 6, 2024 priority filing date covering software for
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`
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`-2-
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`

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`encryption, security tokens, digital wallets, electronic wallets, computer software,
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`blockchain technology, futures exchange services, Software as a Service, data encryption,
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`decoding services, user authentication services, and related identifications (collectively,
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`the “Pentagon A Applications”) (collectively, “Opposer’s Prior Applications”)
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`(collectively, the identifications covered by O