ESTTA Tracking number: ESTTA1488831
`Filing date: 01/08/2026
`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 New Era Cap LLC
`Granted to date
`of previous ex-
`tension
`02/07/2026
`Address 160 DELAWARE AVE
`BUFFALO, NY 14202
`UNITED STATES
`Attorney informa-
`tion
`MICHAEL J. BERCHOU
`HARTER SECREST & EMERY LLP
`50 FOUNTAIN PLZ SUITE 1000
`BUFFALO, NY 14202
`UNITED STATES
`Primary email: mberchou@hselaw.com
`Secondary email(s): trademark@hselaw.com
`7168443753
`Docket no. 101437.571
`Applicant information
`Application no. 99226370 Publication date 12/09/2025
`Opposition filing
`date
`01/08/2026 Opposition period
`ends
`02/07/2026
`Applicant Fu Shifeng
`NO. 9-1 LINLONG
`XIASHAN VILLAGE, CHANGTAI TOWN, CHENGXIANG DISTRICT
`PUTIAN CITY, FUJIAN PROVINCE, 351100
`China
`Goods/services affected by opposition
`Class 025. First Use: May 18, 2025 First Use In Commerce: May 18, 2025
`All goods and services in the class are opposed, namely: Skull caps; Infant wear; Swimwear; Socks;
`Neckties; Knitted caps; Headbands; Aprons; Outdoor mittens; Hats
`Grounds for opposition
`Priority and likelihood of confusion Trademark Act Section 2(d)
`Marks cited by opposer as basis for opposition
`U.S. registration
`no.
`2017209 Application date 07/31/1995
`Register Principal
`
`
`
`
`
`
`
`Registration date 11/19/1996 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: 1961 First Use In Commerce: 1961
`athletic caps
`U.S. registration
`no.
`2031348 Application date 10/25/1993
`Register Principal
`Registration date 01/21/1997 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: 1952 First Use In Commerce: 1952
`athletic caps
`U.S. registration
`no.
`3811674 Application date 12/11/2008
`Register Principal
`Registration date 06/29/2010 Foreign priority
`date
`NONE
`Word mark NE NEW ERA
`
`
`
`
`
`
`
`Design mark
`Description of
`mark
`The mark consists of the letters "NE" in the shape of a flag next to the words
`"NEW ERA".
`Goods/services Class 025. First use: First Use: Nov 30, 2004 First Use In Commerce: Nov 30,
`2004
`Headwear, athletic apparel, namely, hats and caps, baseball caps and hats
`U.S. registration
`no.
`4895863 Application date 08/06/2015
`Register Principal
`Registration date 02/02/2016 Foreign priority
`date
`NONE
`Word mark NE NEW ERA
`Design mark
`Description of
`mark
`The mark consists of the letters "N" and "E" stylized in the form of a flag adja-
`cent to the words "NEW ERA", with the "NE" design and "NEW ERA" inside of a
`divided rectangular background.
`Goods/services Class 018. First use: First Use: Jan 2008 First Use In Commerce: Jan 2008
`All purpose sport bags; all-purpose athletic bags; all-purpose carrying bags;
`backpacks; rucksacks; bags for sports; carry-all bags; duffle bags; handbags;
`knapsacks; leather and imitation leather bags; luggage; sports packs [ ; wallets ]
`U.S. application
`no.
`99313925 Application date 07/31/2025
`Registration date NONE Foreign priority
`date
`NONE
`Word mark NEW ERA
`
`
`
`
`
`
`
`Design mark
`Description of
`mark
`Goods/services Class 026. First use: First Use: None First Use In Commerce: None
`Pins, other than jewelry, being hat pins; Ornamental novelty pins; Ornamental
`novelty pins, other than jewellery
`U.S. application
`no.
`98376170 Application date 01/25/2024
`Registration date NONE Foreign priority
`date
`NONE
`Word mark WINTERERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: None First Use In Commerce: None
`Aprons; Beanies; Coats; Footwear; Hats; Headwear; Pants; Pullovers; Scarves;
`Shirts; Sweatshirts; Undergarments; Underwear; Baseball caps; Belts for cloth-
`ing; Bottoms as clothing; Caps being headwear; Clothing jackets; Gloves as
`clothing; Hooded sweatshirts; Jerseys being clothing; Sweat suits; T-shirts; Tops
`as clothing; Hooded pullovers
`U.S. registration
`no.
`3732828 Application date 10/26/2005
`Register Principal
`Registration date 12/29/2009 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`
`
`
`
`
`
`
`
`Description of
`mark
`Goods/services Class 028. First use: First Use: Aug 31, 2009 First Use In Commerce: Aug 31,
`2009
`Sports articles, namely, sports balls; baseballs, bats for games and sports,
`namely, baseball bats; golf bags; playing cards
`U.S. registration
`no.
`4456418 Application date 11/20/2012
`Register Principal
`Registration date 12/24/2013 Foreign priority
`date
`NONE
`Word mark DIAMOND ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: Jan 7, 2013 First Use In Commerce: Jan 7, 2013
`Headwear, hats, caps and baseball caps
`U.S. registration
`no.
`6760719 Application date 01/28/2019
`Register Principal
`Registration date 06/14/2022 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`The mark consists of the terms "NEW ERA" in a script font.
`Goods/services Class 025. First use: First Use: 1952 First Use In Commerce: 1952
`Baseball caps; Caps with visors; Coats; Hats; Headwear; Jackets; Jerseys;
`Pullovers; Scarves; Shirts; Socks; Sweatshirts; Hooded sweatshirts; T-shirts
`U.S. application
`no.
`98376166 Application date 01/25/2024
`Registration date NONE Foreign priority
`date
`NONE
`Word mark SOLARERA
`
`
`
`
`
`
`
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: None First Use In Commerce: None
`Aprons; Beanies; Coats; Footwear; Hats; Headwear; Pants; Pullovers; Scarves;
`Shirts; Sweatshirts; Undergarments; Underwear; Baseball caps; Belts for cloth-
`ing; Bottoms as clothing; Caps being headwear; Clothing jackets; Gloves as
`clothing; Hooded sweatshirts; Jerseys being clothing; Sweat suits; T-shirts; Tops
`as clothing; Hooded pullovers
`U.S. registration
`no.
`6373249 Application date 09/13/2017
`Register Principal
`Registration date 06/01/2021 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 009. First use: First Use: Dec 31, 2005 First Use In Commerce: Dec 31,
`2005
`Eyewear; Eyewear cases; Cell phone cases; Ski and Snow goggles; USB hard-
`ware; USB chargers and adapters; pedometers; audio speakers; headphones
`U.S. registration
`no.
`5453457 Application date 09/28/2017
`Register Principal
`Registration date 04/24/2018 Foreign priority
`date
`NONE
`Word mark NEW ERA
`
`
`
`
`
`
`
`Design mark
`Description of
`mark
`Goods/services Class 043. First use: First Use: Dec 1, 2006 First Use In Commerce: Dec 1,
`2006
`Arena services, namely, providing general purpose facilities for sports, [ con-
`certs, conventions ] and exhibitions; [ Catering services; Providing a website fea-
`turing information in the field of hotels and temporary accommodations for trav-
`elers; ] Restaurant and bar services
`U.S. registration
`no.
`3759352 Application date 09/29/2005
`Register Principal
`Registration date 03/09/2010 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 006. First use: First Use: Jan 1, 2009 First Use In Commerce: Jan 1, 2009
`metal money clips
`Class 009. First use: First Use: Dec 31, 2005 First Use In Commerce: Dec 31,
`2005
`sunglasses
`Class 018. First use: First Use: Dec 31, 2007 First Use In Commerce: Dec 31,
`2007
`Luggage, handbags, backpacks, and wallets
`Class 025. First use: First Use: Jun 16, 2003 First Use In Commerce: Jun 16,
`2003
`Clothing for men, women and children, namely, t-shirts, sweatshirts, sweatsuits;
`outerwear, namely, baseball jackets, coats, pants, shorts, jeans, shirts
`U.S. registration
`no.
`4878241 Application date 07/09/2014
`Register Principal
`Registration date 12/29/2015 Foreign priority
`date
`NONE
`
`
`
`
`
`
`
`Word mark ZONE ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: Sep 1, 2014 First Use In Commerce: Sep 1,
`2014
`Headwear, hats, caps, knit hats, baseball caps
`U.S. application
`no.
`98376154 Application date 01/25/2024
`Registration date NONE Foreign priority
`date
`NONE
`Word mark DRYERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: None First Use In Commerce: None
`Aprons; Beanies; Coats; Footwear; Hats; Headwear; Pants; Pullovers; Scarves;
`Shirts; Sweatshirts; Undergarments; Underwear; Baseball caps; Belts for cloth-
`ing; Bottoms as clothing; Caps being headwear; Clothing jackets; Gloves as
`clothing; Hooded sweatshirts; Jerseys being clothing; Sweat suits; T-shirts; Tops
`as clothing; Hooded pullovers
`U.S. registration
`no.
`6428646 Application date 06/04/2018
`Register Principal
`Registration date 07/20/2021 Foreign priority
`date
`NONE
`Word mark NE NEW ERA
`
`
`
`
`
`
`
`Design mark
`Description of
`mark
`The mark consists of the letters "NE" stylized in the form of a flag next to the
`words "NEW ERA", with the "NE" design and "NEW ERA" inside of a divided
`rectangular background.
`Goods/services Class 025. First use: First Use: Nov 30, 2004 First Use In Commerce: Nov 30,
`2004
`Aprons; Baseball caps; Belts; Caps with visors; Coats; Footwear; Gloves; Hats;
`Headwear; Jackets; Jeans; Jerseys; Pants; Pullovers; Shirts; Shorts; Socks;
`Sweatshirts; Sweatsuits; Undergarments; Underwear; Clothing, namely, base
`layers; Hooded sweatshirts; Sports jerseys; T-shirts
`U.S. registration
`no.
`2434957 Application date 12/01/1999
`Register Principal
`Registration date 03/13/2001 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: Dec 1996 First Use In Commerce: Dec 1996
`athletic caps
`U.S. registration
`no.
`4258770 Application date 09/14/2011
`Register Principal
`Registration date 12/11/2012 Foreign priority
`date
`NONE
`Word mark NEW ERA BY YOU
`
`
`
`
`
`
`
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: Nov 18, 2011 First Use In Commerce: Nov 18,
`2011
`Headwear
`Class 035. First use: First Use: Nov 18, 2011 First Use In Commerce: Nov 18,
`2011
`[Retail store services and] on-line retail store services featuring [apparel and]
`headwear [, footwear, footwear accessories, eyewear and accessories, watches,
`sporting goods and equipment, electronic equipment and hardware, bags and
`luggage of all kinds, umbrellas, accessories made of metal, leather and imitation
`leather, sports and fitness products and accessories, promotional products,
`products related to charitable events]
`U.S. registration
`no.
`2550756 Application date 12/11/1999
`Register Principal
`Registration date 03/19/2002 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 035. First use: First Use: Apr 4, 2000 First Use In Commerce: Apr 4, 2000
`on-line retail store services featuring athletic caps
`U.S. registration
`no.
`3595192 Application date 12/06/2004
`Register Principal
`Registration date 03/24/2009 Foreign priority
`date
`NONE
`Word mark NEW ERA FITS
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: Sep 2004 First Use In Commerce: Sep 2004
`
`
`
`
`
`
`
`athletic caps
`U.S. registration
`no.
`4633210 Application date 04/02/2013
`Register Principal
`Registration date 11/04/2014 Foreign priority
`date
`NONE
`Word mark MICROERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: Jan 1, 2014 First Use In Commerce: Jan 1, 2014
`Headwear, hats, caps, [ knit hats, ] and baseball caps
`U.S. registration
`no.
`5448757 Application date 07/09/2014
`Register Principal
`Registration date 04/17/2018 Foreign priority
`date
`NONE
`Word mark MY ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: Jan 25, 2018 First Use In Commerce: Jan 25,
`2018
`Headwear, hats, caps, knit hats, baseball caps
`U.S. registration
`no.
`5888050 Application date 01/24/2018
`Register Principal
`Registration date 10/22/2019 Foreign priority
`date
`NONE
`Word mark NEW ERA
`
`
`
`
`
`
`
`Design mark
`Description of
`mark
`Goods/services Class 036. First use: First Use: 1978 First Use In Commerce: 1978
`Financial sponsorship of sporting events, tournaments, competitions and con-
`tests
`Class 041. First use: First Use: Sep 15, 2010 First Use In Commerce: Sep 15,
`2010
`Entertainment information; entertainment services in the nature of hosting social
`entertainment events; entertainment in the nature of football, baseball, basket-
`ball, soccer, tennis, golf, hockey, lacrosse and rugby games, and auto racing,
`BMX biking, motocross racing, surfing, skiing and snowboarding competitions;
`Entertainment, namely, live music concerts; entertainment services in the nature
`of professional athletes competing in football, baseball, basketball, soccer, ten-
`nis, golf, hockey, lacrosse and rugby games, professional athletes competing in
`auto racing, BMX biking, motocross racing, surfing, skiing and snowboarding; or-
`ganizing and operating sporting events, tournaments, competitions and con-
`tests, namely, football, baseball, basketball, soccer, tennis, golf, hockey,
`lacrosse and rugby games, and auto racing, BMX biking, motocross racing, surf-
`ing, skiing and snowboarding competitions; conducting guided company tours of
`a historic building; entertainment services, namely, providing an online interact-
`ive database of photos and videos for fans in the fields of sports, fashion, cloth-
`ing, culture, celebrities, entertainment, trends, lifestyle, popular culture, current
`events, and topics of general interest; providing a website featuring entertain-
`ment information in the fields of sports, sporting events, fashion, clothing, cul-
`ture, celebrities, entertainment, trends, lifestyle, popular culture, current events,
`and topics of general interest
`U.S. registration
`no.
`6289816 Application date 06/04/2018
`Register Principal
`Registration date 03/09/2021 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: 1952 First Use In Commerce: 1952
`Aprons; Baseball caps; Belts; Caps with visors; Coats; Footwear; Gloves; Hats;
`
`
`
`
`
`
`
`Headwear; Jackets; Jeans; Jerseys; Pants; Pullovers; Shirts; Shorts; Socks;
`Sweatshirts; Sweatsuits; Undergarments; Underwear; Clothing, namely, base
`layers; Hooded sweatshirts; Sports jerseys; T-shirts
`U.S. registration
`no.
`5926966 Application date 02/27/2017
`Register Principal
`Registration date 12/03/2019 Foreign priority
`date
`NONE
`Word mark NEW ERA AMERICA
`Design mark
`Description of
`mark
`Goods/services Class 041. First use: First Use: Oct 1, 2019 First Use In Commerce: Oct 1, 2019
`Educational and entertainment services, namely, a continuing program about
`current event news, technology, sports and lifestyle accessible by means of the
`internet, mobile device applications, and computer networks
`U.S. registration
`no.
`5521208 Application date 10/16/2017
`Register Principal
`Registration date 07/17/2018 Foreign priority
`date
`NONE
`Word mark MY ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: Jan 25, 2018 First Use In Commerce: Jan 25,
`2018
`Headwear, namely, hats, caps, knit hats and baseball caps; tops as clothing; [
`bottoms as clothing; ] t-shirts; sweatshirts; [ pants; ] shirts; outerwear, namely,
`baseball jackets, jackets and coats [ ; footwear ]
`U.S. application
`no.
`98586216 Application date 06/05/2024
`Registration date NONE Foreign priority
`date
`NONE
`
`
`
`
`
`
`
`Word mark BRAND NEW ERA
`Design mark
`Description of
`mark
`The mark consists of "BRAND NEW ERA" in a stylized font.
`Goods/services Class 018. First use: First Use: None First Use In Commerce: None
`Backpacks; Handbags; Luggage; Umbrellas; All-purpose carrying bags; Pet
`clothing; Wallets; Athletic bags; Beach bags; Belt bags; Belt bags and hip bags;
`Carry-all bags; Carry-on bags; Crossbody bags; Drawstring bags; Duffle bags;
`Leisure bags; Messenger bags; Sports bags; Travelling bags; Waist bags;
`Wristlet bags
`Class 025. First use: First Use: None First Use In Commerce: None
`Aprons; Beanies; Coats; Footwear; Gloves; Hats; Headwear; Pajamas; Pants;
`Pullovers; Scarves; Shirts; Shorts; Socks; Sweatshirts; Sweatsuits; Undergar-
`ments; Underwear; Baseball caps; Belts for clothing; Bottoms as clothing; Caps
`being headwear; Caps with visors; Clothing jackets; Hooded sweatshirts; Jer-
`seys being clothing; T-shirts; Tank tops; Tops as clothing; Hooded pullovers;
`Sports jerseys
`U.S. registration
`no.
`3803450 Application date 05/25/2005
`Register Principal
`Registration date 06/15/2010 Foreign priority
`date
`NONE
`Word mark NEW ERA RE-CAP
`Design mark
`Description of
`mark
`Goods/services Class 021. First use: First Use: Dec 12, 2008 First Use In Commerce: Dec 12,
`2008
`kits for cleaning and reshaping fitted and adjustable caps comprised primarily of
`
`
`
`
`
`
`
`a cleaning cloth, cleaning pads and impregnated cleaning cloths
`U.S. registration
`no.
`7275331 Application date 12/12/2022
`Register Principal
`Registration date 01/16/2024 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 009. First use: First Use: Nov 11, 2022 First Use In Commerce: Nov 11,
`2022
`Downloadable mobile applications for shopping
`U.S. registration
`no.
`5228279 Application date 01/31/2017
`Register Principal
`Registration date 06/20/2017 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 035. First use: First Use: Jan 1, 2006 First Use In Commerce: Jan 1, 2006
`On-line retail store services featuring apparel and headwear, footwear, footwear
`accessories, eyewear and accessories, watches, sporting goods and equipment,
`electronic equipment and hardware, bags and luggage of all kinds, umbrellas,
`accessories made of metal, leather and imitation leather, sports and fitness
`products and accessories, promotional products, products related to charitable
`events; Retail store services featuring apparel and headwear, footwear, foot-
`wear accessories, eyewear and accessories, watches, sporting goods and
`equipment, electronic equipment and hardware, bags and luggage of all kinds,
`umbrellas, accessories made of metal, leather and imitation leather, sports and
`fitness products and accessories, promotional products, products related to
`charitable events
`
`
`
`
`
`
`
`U.S. registration
`no.
`5748177 Application date 06/16/2017
`Register Principal
`Registration date 05/14/2019 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 003. First use: First Use: Dec 12, 2008 First Use In Commerce: Dec 12,
`2008
`Waterproofing sprays for baseball caps [ and sneakers, ] excluding for sale
`through grocery stores/supermarkets, mass market retailers, convenience stores
`and wholesale clubs
`U.S. application
`no.
`98376175 Application date 01/25/2024
`Registration date NONE Foreign priority
`date
`NONE
`Word mark ZONE ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: None First Use In Commerce: None
`Aprons; Beanies; Coats; Footwear; Hats; Headwear; Pants; Pullovers; Scarves;
`Shirts; Sweatshirts; Undergarments; Underwear; Baseball caps; Belts for cloth-
`ing; Bottoms as clothing; Caps being headwear; Clothing jackets; Gloves as
`clothing; Hooded sweatshirts; Jerseys being clothing; Sweat suits; T-shirts; Tops
`as clothing; Hooded pullovers
`U.S. application
`no.
`98889404 Application date 12/06/2024
`Registration date NONE Foreign priority
`date
`NONE
`Word mark NEW ERA
`
`
`
`
`
`
`
`Design mark
`Description of
`mark
`Goods/services Class 028. First use: First Use: 2002 First Use In Commerce: 2002
`Action figure toys; action figures and accessories therefor; balls for games; balls
`for sports; baseball bats; Christmas tree ornaments and decorations; dolls and
`dolls' clothing; dolls and accessories therefor; golf bags; golf club covers; play-
`ing cards; toy figures; toy action figures and accessories therefor
`U.S. registration
`no.
`2584973 Application date 03/29/2001
`Register Principal
`Registration date 06/25/2002 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: Dec 1952 First Use In Commerce: Dec 1952
`athletic caps
`U.S. registration
`no.
`4380795 Application date 12/21/2011
`Register Principal
`Registration date 08/06/2013 Foreign priority
`date
`NONE
`Word mark COOLERA
`
`
`
`
`
`
`
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: May 1, 2012 First Use In Commerce: May 1,
`2012
`Headwear, hats, caps, [ knit hats ] and baseball caps
`U.S. application
`no.
`99332905 Application date 08/12/2025
`Registration date NONE Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 014. First use: First Use: None First Use In Commerce: None
`Jewelry; Watches; Clocks; Key chains; Jewelry hat pins; Pins being jewelry
`U.S. registration
`no.
`5228280 Application date 01/31/2017
`Register Principal
`Registration date 06/20/2017 Foreign priority
`date
`NONE
`Word mark NE NEW ERA
`Design mark
`Description of
`mark
`The mark consists of the letters "N" and "E" stylized in the form of a flag adja-
`cent to the words "NEW ERA", with the "NE" design and "NEW ERA" inside of a
`
`
`
`
`
`
`
`divided rectangular background.
`Goods/services Class 035. First use: First Use: Jan 1, 2006 First Use In Commerce: Jan 1, 2006
`On-line retail store services featuring apparel and headwear, footwear, footwear
`accessories, eyewear and accessories, watches, sporting goods and equipment,
`electronic equipment and hardware, bags and luggage of all kinds, umbrellas,
`accessories made of metal, leather and imitation leather, sports and fitness
`products and accessories, promotional products, products related to charitable
`events; Retail store services featuring apparel and headwear, footwear, foot-
`wear accessories, eyewear and accessories, watches, sporting goods and
`equipment, electronic equipment and hardware, bags and luggage of all kinds,
`umbrellas, accessories made of metal, leather and imitation leather, sports and
`fitness products and accessories, promotional products, products related to
`charitable events
`U.S. registration
`no.
`4396437 Application date 11/05/2009
`Register Principal
`Registration date 09/03/2013 Foreign priority
`date
`NONE
`Word mark NEW ERA
`Design mark
`Description of
`mark
`Goods/services Class 025. First use: First Use: Sep 2007 First Use In Commerce: Sep 2007
`Footwear for men, women and children
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`ZCERA Notice of Opposition.pdf(143578 bytes )
`Signature /Michael J. Berchou/
`Name Michael J. Berchou
`Date 01/08/2026
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`NEW ERA CAP, LLC, :
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`Opposer, : Opposition No. _________________
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`vs. : Application Serial No. 99/226,370
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`FU SHIFENG, : Mark: ZCERA
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`Applicant. :
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`NOTICE OF OPPOSITION
`New Era Cap, LLC (“Opposer”) believes it will be damaged by registration of ZCERA
`(“Applicant’s Mark”), applied for on the Principal Register by Fu Shifeng (“Applicant”), and
`hereby opposes registration of same.
`The grounds for the opposition are as follows:
`1. Opposer is a Delaware limited liability company with its principal place of
`business at 160 Delaware Avenue, Buffalo, New York 14202.
`2. Upon information and belief, Applicant is a Chinese individual with an address of
`No. 9-1 Linlong, Xiashan Village, Changtai Town, Chengxiang District, Putian City, Fujian
`Province CHINA 351100.
`3. Commencing long before the filing date of the Opposed Application, Opposer has
`been using, is now using, and has not abandoned, the mark NEW ERA in connection with,
`among other things, hats, caps, athletic caps, clothing for men, women and children, namely, t-
`shirts, sweatshirts, sweatsuits, outerwear, baseball jackets, coats, pants, shorts, footwear,
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`backpacks, handbags, luggage, and wallets; On-line retail store services featuring apparel and
`headwear, footwear, footwear accessories, eyewear and accessories, watches, sporting goods and
`equipment, electronic equipment and hardware, bags and luggage of all kinds, umbrellas,
`accessories made of metal, leather and imitation leather, sports and fitness products and
`accessories, promotional products, products related to charitable events; Retail store services
`featuring apparel and headwear, footwear, footwear accessories, eyewear and accessories,
`watches, sporting goods and equipment, electronic equipment and hardware, bags and luggage of
`all kinds, umbrellas, accessories made of metal, leather and imitation leather, sports and fitness
`products and accessories, promotional products, products related to charitable events
`(“Opposer’s Goods”).
`4. Opposer’s use of its mark NEW ERA has been continuous since its initial use at
`least as early as 1952, and its first use in interstate commerce in 1952.
`5. Commencing long before the filing date of the Opposed Application, Opposer has
`also been using, is now using, and has not abandoned, the marks MY ERA, DIAMOND ERA,
`COOLERA, MICROERA, ZONE ERA, NEW ERA BY YOU, NEW ERA FITS, BRAND NEW
`ERA and NE NEW ERA in connection with, among other things, headwear, hats, caps, knit hats,
`baseball caps, tops as clothing, bottoms as clothing, jackets and coats, all purpose sport and
`athletic bags, and backpacks.
`6. These marks, along with Opposer’s NEW ERA mark, comprise a family of marks
`(collectively, “Opposer’s ERA Marks”).
`7. In addition, Opposer owns all right, title, and interest in, and will rely upon
`herein, the following federal trademark registrations: Reg. Nos. 2,017,209; 2,031,348;
`2,434,957; 2,550,756; 2,584,973; 3,595,192; 3,732,828; 3,759,352; 3,803,450; 3,811,674;
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`4,258,770; 4,380,795; 4,396,437; 4,456,418; 4,633,210; 4,878,241; 4,895,863; 5,228,279;
`5,228,280; 5,448,757; 5,453,457; 5,521,208; 5,748,177; 5,888,050; 5,926,966; 6,289,816;
`6,373,249; 6,428,646; 6,760,719 and 7,275,331.
`8. Opposer’s rights in many of the marks subject to the foregoing registrations are
`incontestable and such registrations are conclusive evidence of the validity of the registered
`marks, Opposer’s ownership of the marks, and Opposer’s exclusive right to use the marks with
`the goods recited therein.
`9. Opposer also owns the following trademark applications, which were filed prior
`to the date on which Applicant filed its application, and Opposer will rely on the resulting
`registrations should they issue during the pendency of this Opposition: 98/376,154; 98/376,166;
`98/376,170; 98/376,175; 98/586,216; 98/889,404; 99/313,925; and 99/332,905.
`10. Opposer has made substantial sales of goods under Opposer’s ERA Marks.
`11. Opposer’s Goods have been widely advertised, promoted and sold throughout the
`United States under Opposer’s ERA Marks.
`12. Opposer’s ERA Marks are inherently and commercially distinctive.
`13. Opposer’s ERA Marks are symbolic of extensive goodwill and consumer
`recognition with Opposer. Such goodwill and recognition have been created through substantial
`amounts of time, effort, and investment by Opposer in advertising, promotion, and sales.
`14. Opposer’s ERA Marks and the associated goodwill are assets of immense value to
`Opposer.
`15. Notwithstanding Opposer’s long-standing prior rights in and to Opposer’s ERA
`Marks, Applicant filed a trademark application with the United States Patent & Trademark
`Office on June 10, 2025 to register ZCERA for: “Skull caps; Infant wear; Swimwear; Socks;
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`Neckties; Knitted caps; Headbands; Aprons; Outdoor mittens; Hats” in Class 25 (“Applicant’s
`Goods”). The Application was assigned Serial No. 99/226,370 (the “Opposed Application”).
`16. The Opposed Application was published for opposition on December 9, 2025.
`17. Opposer filed extensions of time to oppose the Application through February 7,
`2026, and this opposition is, therefore, timely filed.
`18. Opposer’s rights in Opposer’s ERA Marks arose prior to any alleged rights of
`Applicant in Applicant’s Mark.
`19. Opposer has not granted Applicant any permission, consent or license to use
`Opposer’s ERA Marks or Applicant’s Mark for Applicant’s Goods.
`20. Applicant’s Goods are identical, related or complementary to Opposer’s Goods
`and/or within the natural scope of expansion of Opposer’s Goods and channels of trade.
`21. Applicant’s Mark and Opposer’s ERA Marks are confusingly similar in sight,
`sound, appearance and commercial meaning.
`22. Applicant’s use of the word mark ZCERA on or in connection with Applicant’s
`Goods will inevitably lead to confusion, mistake or deception of the public in violation of
`Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d).
`23. If Applicant is permitted to register ZCERA, the registration would give
`Applicant a prima facie exclusive right to the use of Applicant’s Mark for Applicant’s Goods.
`Such registration would damage and injure Opposer as contemplated by Section 13 of the
`Lanham Act, 15 U.S.C. § 1063(a).
`WHEREFORE, Opposer respectfully requests this opposition be sustained and that
`Application Serial No. 99/226,370 be refused registration.
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`Dated: January 8, 2026 Respectfully submitted,
`HARTER SECREST & EMERY LLP
`By: /Michael J. Berchou/
`Michael J. Berchou
`50 Fountain Plaza, Suite 1000
`Buffalo, NY 14202
`(716) 844-3753
`mberchou@hselaw.com
`trademark@hselaw.com
`Attorneys for Opposer
`New Era Cap, LLC
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