Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA524741
`ESTTA Tracking number:
`03/04/2013
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Petition for Cancellation
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`Notice is hereby given that the following party requests to cancel indicated registration.
`Petitioner Information
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`Name
`Entity
`Address
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`Sweet Melissa Patisserie Inc.
`Corporation
`276 Court Street
`Brooklyn, NY 11231
`UNITED STATES
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`Citizenship
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`New York
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`Attorney
`information
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`Mario G. Ceste
`Law Offices of Mario G. Ceste LLC
`PO Box 82
`Wallingford, CT 06492
`UNITED STATES
`mgclaw@snet.net Phone:2036786418
`Registration Subject to Cancellation
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`Registration No
`Registrant
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`3948724
`Gordy-Faddis, Melissa J.
`445 South New Middletown Road
`Media, PA 19063
`UNITED STATES
`Goods/Services Subject to Cancellation
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`Registration date
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`04/19/2011
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`Class 030. First Use: 2009/09/15 First Use In Commerce: 2009/12/15
`All goods and services in the class are cancelled, namely: Honey
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`Grounds for Cancellation
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`Torres v. Cantine Torresella S.r.l.Fraud
`Priority and likelihood of confusion
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`808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)
`Trademark Act section 2(d)
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`Marks Cited by Petitioner as Basis for Cancellation
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`U.S. Application
`No.
`Registration Date
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`Word Mark
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`85447318
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`Application Date
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`10/14/2011
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`NONE
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`Foreign Priority
`Date
`SWEET MELISSA PATISSERIE
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`NONE
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`Design Mark
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`Description of
`Mark
`Goods/Services
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`NONE
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`Class 030. First use: First Use: 1998/07/02 First Use In Commerce: 1998/07/02
`pies; iced cakes; wedding cakes; pies, pastries, cookies, cakes and other bakery
`goods for consumption on or off the premises; bakery desserts, namely frozen
`pies, cakes and pastries; bakery goods and dessert items, namely pies, cookies,
`cakes, and pastries
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`U.S. Application
`No.
`Registration Date
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`85447320
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`NONE
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`Word Mark
`Design Mark
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`SWEET MELISSA
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`Application Date
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`10/14/2011
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`Foreign Priority
`Date
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`NONE
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`Description of
`Mark
`Goods/Services
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`NONE
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`Class 035. First use: First Use: 1998/07/02 First Use In Commerce: 1998/07/02
`Pastry and dessert shops; pastry shops; retail ice cream store services; Retail
`bakery shops; Retail shops featuring baked goods
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`Attachments
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`85447318#TMSN.jpeg ( 1 page )( bytes )
`85447320#TMSN.jpeg ( 1 page )( bytes )
`130304 Cancellation Petition Gordy.pdf ( 5 pages )(89366 bytes )
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`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
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`Certificate of Service
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`Signature
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`/mario g ceste/
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`

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`Name
`Date
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`Mario G. Ceste
`03/04/2013
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Registration No. 3.948.724
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`Date of Issue: April 20, 2011
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`Sweet Melissa Patisserie , Inc.
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`Petitioner
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`v.
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`Gordy-Faddis, Melissa
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`Registrant
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`Cancellation No.:
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`Date: March 4, 2013
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`__________________________________________________/
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`Trademark Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`PETITION FOR CANCELLATION
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`Petitioner, Sweet Melissa Patisserie Inc., a corporation of New York, having an
`address of 276 Court Street, Brooklyn, New York 11231, believes that it is or will be
`damaged by Registration No. 3,948,724 and hereby petitions to cancel the same.
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`As grounds for this Petition, it is alleged that:
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`Registration No. 3,948,724 was applied for as an Intent-to-Use mark on
`1.
`November 17, 2009 by Melissa Gordy-Faddis, 445 South New Middletown Road Media
`Pennsylvania 19063. The registration was granted on April 20, 2011 for “SWEET
`MELISSA” in Class 030 for “honey”. The registrant amended her application and
`claimed a first date of use for the mark of September 15, 2009.
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`Petitioner is engaged in the business making and selling baked goods namely pies;
`2.
`iced cakes; wedding cakes; pies, pastries, cookies, cakes and other bakery goods for
`consumption on or off the premises; bakery desserts, namely frozen pies, cakes and
`pastries; bakery goods and dessert items. Petitioner also operates pastry and dessert
`shops; pastry shops; retail ice cream store services; and retail bakery shops.
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`Petitioner has developed extensive goodwill throughout the United States with
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`respect to its mark “SWEET MELISSA PATISSERIE” since it first began using the mark
`in July 1998. Petitioner’s products and services have been featured on television on the
`Food Network.
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`Petitioner, prior to the Registrant, in geographically distinct market areas in the
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`United States, has used the mark “SWEET MELISSA PATISSERIE” long prior to any
`use , if at all , by the Registrant of “SWEET MELISSA”.
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`Petitioner has spent substantial sums in advertising and promoting throughout the
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`United States its goods and services provided under the “SWEET MELISSA
`PATISSERIE” mark.
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`As a result of the expenditures of considerable sums for promotional activities,
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`advertising, and by virtue of the excellence of its goods and services, the Petitioner has
`gained notable recognition for its “SWEET MELISSA PATISSERIE” mark and a
`valuable reputation.
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`Upon information and belief, Registration No. 3,948,724 was not properly
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`obtained because the formal papers filed by the Registrant contained inaccurate
`statements. Particularly the Statement of Use indicated a first date of use in commerce of
`September 2009 but Registrant had not as of that date sold or promoted its products in
`interstate commerce as required by the statute. However said statement was made with
`the intent to induce authorized agents of the U.S. Patent and Trademark Office to grant
`said registration “SWEET MELISSA” having reasonably relied upon the Registrant’s
`statement. As such, the Registrant did not qualify the mark for Federal Registration and
`therefore Registration No. 3,948,724 is invalid. Furthermore, Registrant does not operate
`a website to promote its goods under the “SWEET MELISSA” mark and does not sell its
`product in interstate commerce.
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`Registrant, by virtue of Petitioner’s long standing and prior use, did not have
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`exclusive control over the use of the “SWEET MELISSA” mark at the time it made
`application for trademark registration. Therefore the Registrant’s filing is invalid.
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`Petitioner applied for trademark registration for “SWEET MELISSA
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`PATISSERIE” in standard character form and in stylized form pursuant to application
`serial nos. 85447318 and 85447320 respectively. Both applications have been denied
`registration on the basis of a likelihood of confusion with Registration No. 3,948,724. But
`for said registration, Petitioner’s applications for registration would proceed to allowance.
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`Registrant’s mark, namely “SWEET MELISSA” is a substantial duplicate of
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`Petitioner’s trademark, and is applied to goods which are found in the same classification
`as those goods sold by Petitioner. The Registrant’s mark is sufficiently similar to the
`Petitioner’s mark so that if the Registrant did eventually sell its goods in interstate
`commerce, confusion and deception as to the origin of the Registrant’s products would
`result. Persons familiar with the Petitioner’s products and services could be misled and
`believe that Registrant’s products originate from Petitioner or that Registrant and
`Petitioner have joined together. Furthermore, any defect, objection or fault found with
`Registrant’s products would reflect upon Petitioner’s reputation in an adverse manner.
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`If Registrant is allowed to maintain its invalid registration , the same may be
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`deemed incontestable after five years from the date of registration, and Registrant would
`thereby obtain an incontestable right to use its mark in commerce further damaging
`Petitioner’s exclusive right and its right to registration of its mark. Such continued
`registration held by the Registrant is the cause and source of damage and injury to the
`Petitioner.
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`Petitioner has been and will continue to be damaged by the existence of
`12.
`Registration No. 3,948,724.
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`Wherefore, Petitioner prays that Registration 3,948,724 be cancelled and that this
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`Petition for Cancellation be sustained in favor of the Petitioner.
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`Petitioner requests that the Commissioner instruct the examining attorney for
`application serial nos. 85447318 and 85447320 to suspend said application pending the
`final determination of this Petition for Cancellation.
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`Respectfully submitted,
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`Sweet Melissa Patisserie Inc.
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`By:_______________________________
`Mario G. Ceste , Attorney for Applicant
`Law Offices of Mario G. Ceste LLC
`P.O. Box 82
`Wallingford, Connecticut 06492
`Tel No: 203-678-6418
`Fax No: 801-761-3314
`Email: mgcpls@usa.net
`USPTO Reg. No. 44,068
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`CERTIFICATE OF SERVICE
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` hereby certify that a copy of this Petition for Cancellation on March 4, 2013 has been
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`served on by e-mail communication and deposited with the U.S. Postal Service by
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`Priority Mail with the attorney for the Registrant:
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`William Mackrides
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`Mackrides Associates at Law
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`755 N. Monore Street
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`Media, PA19063
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`lawyers@verizon.net
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`By:_______________________________
`Mario G. Ceste , Attorney for Applicant
`Law Offices of Mario G. Ceste LLC
`P.O. Box 82
`Wallingford, Connecticut 06492
`Tel No: 203-678-6418
`Fax No: 801-761-3314
`Email: mgcpls@usa.net
`USPTO Reg. No. 44,068
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