`ESTTA650659
`ESTTA Tracking number:
`01/16/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Petition for Cancellation
`
`Notice is hereby given that the following party requests to cancel indicated registration.
`Petitioner Information
`
`Name
`Entity
`Address
`
`Guess? IP Holder L.P.
`limited partnership
`1444 South Alameda Street
`Los Angeles, CA 90021
`UNITED STATES
`
`Citizenship
`
`Delaware
`
`Attorney informa-
`tion
`
`Gary J. Nelson
`Christie, Parker & Hale, LLP
`P.O. Box 29001
`Glendale, CA 91209-9001
`UNITED STATES
`pto@cph.com Phone:626-795-9900
`Registration Subject to Cancellation
`
`Registration No
`Registrant
`
`4624401
`KNOWLUXE
`821 Rifle Camp Road
`Woodland Park, NJ 07424
`UNITED STATES
`Goods/Services Subject to Cancellation
`
`Registration date
`
`10/21/2014
`
`Class 025. First Use: 2012/11/19 First Use In Commerce: 2013/06/01
`All goods and services in the class are cancelled, namely: Caps; T-shirts
`
`Grounds for Cancellation
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Marks Cited by Petitioner as Basis for Cancellation
`
`U.S. Registration
`No.
`Registration Date
`
`1858982
`
`10/18/1994
`
`Word Mark
`
`?
`
`Application Date
`
`04/30/1993
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 1989/00/00 First Use In Commerce: 1989/00/00
`retail store services in the field of apparel and personal accessories
`
`U.S. Registration
`No.
`Registration Date
`
`2306943
`
`01/11/2000
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`01/15/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a triangle positioned on the rear pocket of the goods
`
`Class 025. First use: First Use: 1981/00/00 First Use In Commerce: 1981/00/00
`clothing, namely, bottoms, jeans, trousers, sweatpants, pants, jumpsuits, over-
`alls, shortalls, shorts and skirts
`
`
`
`U.S. Registration
`No.
`Registration Date
`
`2322937
`
`02/29/2000
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`02/13/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`EYEWEAR, NAMELY, EYEGLASSES, SUNGLASSES, EYEGLASS CASES,
`EYEGLASS POUCHES, EYEGLASS FRAMES AND EYEGLASS CHAINS
`Class 014. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`WATCHES, CLOCKS, JEWELRY, CUFF-LINKS AND TIE CLIPS
`Class 018. First use: First Use: 1988/00/00 First Use In Commerce: 1988/00/00
`BACKPACKS, HANDBAGS, SMALL LEATHER GOODS, NAMELY, WALLETS,
`TRI-FOLD WALLETS, HIP FOLD WALLETS, CREDIT CARD CASES, CREDIT
`CARD/MONEY FOLDING WALLETS, KEY CASES,TRAVEL BAG FOR TOI-
`LETRIES, LUGGAGE, PURSES, COIN PURSES, COSMETIC CASES,
`TOTES,CARRY-ON TOTES, BRIEFCASES, TOTE BAGS, BOOK BAGS,
`TRAVEL BAGS, DUFFEL BAGS, ANDCLOTH SHIPPING BAGS
`Class 025. First use: First Use: 1981/00/00 First Use In Commerce: 1981/00/00
`APPAREL, NAMELY, BANDANNAS, BASEBALL CAPS, BELTS, BLOUSES,
`BODYSUITS, BOOTIES, BOXER SHORTS, BRAS, BUSTIERS, CAM-
`ISOLES,CAPS, CARDIGANS, CLOTH BIBS, CLOTH CAPS, CREW SHIRTS,
`CROP TOPS, DRESSES, FOOTWEAR, HALTERS, HOODED COVER UPS,
`HOODED SHIRTS, HOODED JUMPERS, JACKETS, JEANS, JUMPER
`DRESSES, JUMPERS, JUMPSUITS, LEGGINGS, LEOTARDS, MEN'S
`BRIEFS, MINISKIRTS,ONE-PIECE UNDERWEAR SUITS, OVERALL PLAY-
`SUITS, OVERALLS, PANTIES, PANTS, PANTSUITS, POLO SHIRTS, PULL-
`OVERS, ROBES, ROMPERS, SHIRTS, SHORTALLS, SHORT SETS,
`SHORTS, SKIRTS, SKORTS, SLEEPERS, SOCKS, SPORT SHIRTS,
`STRETCH PANTS, STRETCH TOPS, SUSPENDERS, SWEATERS, SWEAT-
`PANTS, SWEATSHIRTS, SWEATSUITS, SWIMWEAR, SWIMWEAR COVER-
`UPS, TANK TOPS, TAP PANTS, TEDDIES, TIGHTS, T-SHIRTS, TURTLE-
`
`
`
`NECKS, UNDERSHIRTS, UNDERWEAR AND VESTS
`
`U.S. Registration
`No.
`Registration Date
`
`3046488
`
`01/17/2006
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`08/30/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2003/07/00 First Use In Commerce: 2003/07/00
`MEN'S, WOMEN'S, BOYS', GIRLS', CHILDREN'S AND INFANT'S APPAREL,
`NAMELY, UNDERWEAR, FOOTWEAR, SWIMWEAR, CAPS, HEADWEAR,
`ROBES, PAJAMAS, HOSIERY, GLOVES, BELTS, NECKTIES, UNDER-
`SHIRTS, SOCKS, SHIRTS, T-SHIRTS, SWEATPANTS, SWEATSHIRTS, KNIT
`TOPS, SKIRTS, PANTS, TROUSERS, SHORTS, SWEATERS, JEANS,
`VESTS, COATS, JACKETS, OVERALLS, BLAZERS, DRESSES, SCARVES,
`BLOUSES, CARDIGANS, GOWNS, GOLF SHIRTS, JOGGING SUITS, TUR-
`TLENECKS, SUITS AND POLO SHIRTS; WOMEN'S PANTIES, BRAS, TANK
`TOPS, CROP TOPS, BUSTIERS, CAMISOLES, TAP PANTS, TEDDIES;
`MEN'S BRIEFS AND BOXER SHORTS
`
`U.S. Registration
`No.
`Registration Date
`
`1546993
`
`07/11/1989
`
`Word Mark
`
`GUESS?
`
`Application Date
`
`08/25/1988
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 1988/06/02 First Use In Commerce: 1988/06/02
`PERFUME
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`1465363
`
`11/17/1987
`
`GUESS ?
`
`Application Date
`
`06/16/1986
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`
`NONE
`
`
`
`Mark
`Goods/Services
`
`Class 014. First use: First Use: 1984/11/00 First Use In Commerce: 1984/11/00
`CLOCKS AND WATCHES
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`1271896
`
`03/27/1984
`
`GUESS ?
`
`Application Date
`
`06/14/1982
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`Attachments
`
`The mark consists of the term Guess ? inscribed within an inverted triangle.
`
`Class 025. First use: First Use: 1981/11/00 First Use In Commerce: 1981/11/00
`MEN'S AND WOMEN'S PANTS AND JUMPSUITS, AND WOMEN'S BLOUSES,
`SKIRTS, SHORTS, VESTS, JACKETS AND DRESSES
`
`74384739#TMSN.png( bytes )
`75418506#TMSN.png( bytes )
`75434561#TMSN.png( bytes )
`75788249#TMSN.png( bytes )
`73748556#TMSN.png( bytes )
`73604431#TMSN.png( bytes )
`73369608#TMSN.png( bytes )
`G440 110 2 139 Petition to Cancel.pdf(260335 bytes )
`
`Certificate of Service
`
`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.
`
`Signature
`
`/Gary J. Nelson/
`
`
`
`Name
`Date
`
`Gary J. Nelson
`01/16/2015
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Docket No. l10.2*l39/G440
`
`In the matter of Trademark Registration No. 4624401
`For the mark:
`
`V
`Registration Date of October 21, 2014
`
`Guess? IP Holder L.P.
`
`Knowluxe LLC
`
`Respondent.
`
`Petitioner,
`
`Cancellation No.
`
`PETITION TO CANCEL
`
`Guess? IP Holder LP, a Delaware limited partnership, whose address is 1444 South
`
`Alameda Street, Los Angeles, California 90021 (hereinafter “Guess" or "Petitioner"), believes
`
`that it is being damaged and will continue to be damaged by the existence of United States
`
`Trademark Registration No. 4624401 and hereby petitions to cancel the registration.
`
`As grounds for the cancellation, Petitioner alleges:
`
`1.
`
`Petitioner, through its predecessors and related companies has been and is now
`
`engaged in the manufacture and sale of a wide variety of clothing, apparel, fashion and other
`
`consumer products, as well as the retailing of these products through its stores and e-commerce
`
`websites. Moreirecently, Petitioner has engaged in large scale e-commerce through its mobile
`
`phone applications, and Petitioner has a highly active social media presence.
`
`2.
`
`Since long prior to Respondent's priority date, Petitioner has continuously and
`
`extensively used in commerce various marks incorporating an Inverted Triangle Design, alone
`
`and in combination with other terms and designs (hereinafter the "Inverted Triangle Design
`-1-
`
`
`
`Docket No. 110.2*l39/G440
`
`Marks"), in connection with the sale of a variety of fashion and consumer products such as
`
`apparel, jewelry, watches,
`
`leather goods, eyewear, fragrances, stationery, bags, retail store
`
`services, and e—commerce.
`
`In addition, since prior to Respondent’s priority date, Petitioner has
`
`continuously used one or more of the Inverted Triangle Design Marks in ‘connection with social
`
`networking sites,
`
`including Facebook and Twitter, and in connection with downloadable
`
`software in the nature of mobile phone applications for shopping and accessing social networks,
`
`as well as social media for the promotion and sales of its broad range of fashion and consumer
`
`products.
`
`3.
`
`Petitioner is the owner of Registration No. 1858982, issued October 18, 1994 on
`
`the Principal Register of an Inverted Triangle Design mark for retail store services in the field of
`
`apparel and personal accessories in Class 42. The registration is valid and subsisting and has
`
`become incontestable under the provisions of Section 15 of the Trademark Act. Attached hereto
`
`as Exhibit 1, and made of record herein, is a copy of the registration certificate for this mark.
`
`4.
`
`Petitioner is the owner of Registration No. 2306943, issued January 11, 2000 on
`
`the Principal Register of an Inverted Triangle Design mark for a variety of clothing in Class 25.
`
`The registration is valid and subsisting and has become incontestable under the provisions of
`
`Section 15 of the Trademark Act. Attached hereto as Exhibit 2, and made of record herein, is a
`
`copy of the registration certificate for this mark.
`
`5.
`
`Petitioner is the owner of Registration No. 2322937, issued February 29, 2000 on
`
`the Principal Register of an Inverted Triangle Design mark for a variety of apparel in Class 25.
`
`l The registration is valid and subsisting and has become incontestable under the provisions of
`
`Section 15 of the Trademark Act. Attached hereto as Exhibit 3, and made of record herein, is a
`
`copy of the registration certificate for this mark.
`
`6.
`
`Petitioner is the Owner of Registration No. 3046488, issued January 17, 2006 on
`
`the Principal Register of an Inverted Triangle Design mark for a variety of apparel in Class 25.
`
`The registration is valid and subsisting and has become incontestable under the provisions of
`
`-2-
`
`
`
`Docket No. 1 10.2"‘139;’G440
`
`Section 15 of the Trademark Act. Attached hereto as Exhibit 4, and made of record herein, is a
`
`copy of the registration certificate for this mark.
`
`7.
`
`Petitioner is the owner of U.S. Registration No. 1546993, issued July 11, 1989 on
`
`the Principal Register of the mark GUESS? and Triangle Design for goods in Class 3. The
`
`registration is valid and subsisting and has become incontestable under the provisions of Section
`
`15 of the Trademark Act. Attached hereto as Exhibit 5, and made of record herein, is a copy of
`
`the registration certificate for this mark.
`
`8.
`
`Petitioner is the owner of U.S. Registration No. 1465363, issued November 17,
`
`1987 on the Principal Register of the mark GUESS? and Triangle Design for goods in Class 14.
`
`The registration is'valid and subsisting and has become incontestable under the provisions of
`
`Section 15 of the Trademark Act. Attached hereto as Exhibit 6, and made of record herein, is a
`
`copy of the registration certificate for this mark.
`
`9.
`
`Petitioner is the owner of U.S. Registration No. 1271896, issued March 27, 1984
`
`on the Principal Register of the mark GUESS? and Design for goods in Class 25. The
`
`registration is valid and subsisting and has become incontestable under the provisions of Section
`
`15 of the Trademark Act. Attached hereto as Exhibit 7, and made of record herein, is a copy of
`
`the registration certificate for this mark.
`
`10.
`
`Through the widespread use and advertising of its Inverted Triangle Design
`
`Marks over a long period of time and by virtue of the quality of goods sold in connection with
`
`the Inverted Triangle Design Marks, Petitioner has built up a valuable goodwill and reputation in
`
`connection with the Inverted Triangle Design Marks, which would be jeopardized by
`
`Respondent's use and continued registration of the subject mark of US. Trademark Registration
`
`No. 4624401.
`
`11.
`
`Petitioner realleges and incorporates by reference paragraphs 1
`
`through 10,
`
`Likelihood of Confusion
`
`_
`
`I
`
`inclusive.
`
`
`
`Docket No. 110.2*139/G440
`
`12.
`
`Respondent's goods identified in U.S. Trademark Registration No. 4624401 are
`
`related to the goods and services listed in Petitioner's trademark registrations identified in
`
`Paragraphs 3 through 9 above. Respon-dent's goods identified in U.S. Trademark Registration
`
`No. 4624401 are also related to goods and services distributed, sold and rendered by Petitioner
`
`under the Inverted Triangle Design Marks.
`
`13.
`
`The subject mark of U.S. Trademark Registration No. 4624401 so resembles
`
`Petitioner's Inverted Triangle Design Marks, previously used in commerce and/or registered by
`
`Petitioner and not abandoned, as to be likely, when applied to the goods of Respondent, to cause
`
`confusion or to cause mistake or to deceive.
`
`Dilution
`
`14.
`
`Petitioner realleges and incorporates by reference paragraphs 1
`
`through 13,
`
`inclusive.
`
`15.
`
`Petitioner has extensively used and marketed the Inverted Triangle Design Marks,
`
`and as a result, the Inverted Triangle Design Marks have achieved extensive recognition and are
`
`famous in the United States and worldwide.
`
`16.
`
`Petitioner's Inverted Triangle Design Marks, including those marks identified in
`
`Paragraphs 3 through 9 above, became famous prior to Respondent's date of first use of the
`
`subject mark of U.S. Trademark Registration No. 4624401 and/or earliest relevant priority date.
`
`17.
`
`Respondent has claimed actual use of the subject mark of U.S. Trademark
`
`Registration No. 4624401 in connection with certain goods in the United States. Respondent's
`
`actual use of the subject mark of U.S. Trademark Registration No. 4624401 has created a
`
`likelihood of dilution by blurring by impairing the distinctiveness of Petitioner's famous Inverted
`
`Triangle Design Marks,
`
`including those marks identified in Paragraphs 3 through 9 above,
`
`causing irreparable injury and damage to Petitioner.
`
`18.
`
`If Respondent's registration is allowed to continue, dilution, damage, and/or other
`
`injury to Petitioner will continue to occur.
`
`
`
`Docket No. 110.2*139/G440
`
`WHEREFORE, Petitioner prays that this Cancellation be sustained and that United States
`
`Trademark Registration No. 4624401 be cancelled.
`
`Respectfully submitted,
`
`CHRISTIE, PARKER & HALE, LLP
`
`Dated January 16, 2015
`
`By
`
`‘ &
`
`Gary J. Nelson
`Attorneys for Petitioner
`P.O. Box 29001
`
`Glendale, California 91209-9001
`626/795-9900
`
`
`
`Exhibit 1
`
`
`
`
`
`Int. Cl.: 42
`
`M
`
`Prior U.S. C1s.: 100 and 101
`
`-. -Reg. No. 1,858,982
`United States Patent and Trademark Office Registered Oct. 13, 1994
`
`_
`
`SERVICE MARK T
`PRINCIPAL REGISTER
`
`
`
`GUESSZ’, INC. (DELAWARE CORPORATION)
`1444-'SOU'I'H ALAMEDA STREET
`LOS ANGELES, CA 90021
`
`IN COMMERCE
`o-o-1939;
`" FIRST USE
`j
`.
`-
`O--0-1989.
`9
`owman or U.S. REG, No. 1,762,986.
`
`FOR: RETAIL sro_1u3 SERVICES IN THE
`FIELI) OF APPAREL AND PERSONAL AC-
`CESSORIES, IN CLASS 42 (us. CLS. mo AND
`101).
`.
`-
`
`-
`9
`SER. NO. 14-334,739, FILED 4-30-1993.
`ANDREW‘ D.‘ LAWRENCE, EXAMINING AT-
`TORNEY
`
`
`
`Exhibit 2
`
`
`
`Int. Cl.: 25‘
`
`Prior U.S. Cls.: 22 and 39
`
`Reg. No. 2,306,943
`Registered Jan. 11, 2000
`United States Patent and Trademark Office
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`1"’
`\'_-_§-"'
`
`GUESS?. INC. (DELAWARE CORPORATION)
`I444 S. ALAMEDA STREET
`LOS ANGELES, CA 9002I
`
`FOR: CLOTHING. NAMELY. BOTTOMS,
`JEANS. TROUSERS, SWEATPANTS, PANTS.
`JUMPSUITS.
`OVERALLS.
`SHORTALLS.
`SHORTS AND SKIRTS, IN CLASS 25 (U.S. CLS.
`22 AND 39).
`'
`IN COMMERCE
`FIRST USE
`0-0—I98I.
`
`0-0-193:;
`
`OWNER OF U.S. REG. NOS. LZTLB96. 1.695.6l'.'
`AND OTHERS.
`THE‘. MARK CONSISTS OF A TRIANGLE PO-
`SITIONED ON THE REAR POCKET OF THE
`GOODS
`SEC. 2(F).
`
`SER. N0. T5—4iB,5D6, FILED !—IS—1993.
`
`LESLEY LAMOTHE. EXAMINING ATTORNEY
`
`
`
`Exhibit 3
`
`
`
`Int. Cls.: 9, 14, 18 and 25
`
`Prior U.S. CIs.: 1, 2, 3, 21, '22, 23, 26, 27, 23, 35,
`33, 39, 41 and 50
`
`United States Patent and Trademark Office
`
`Reg. No. 2,322,937
`Registered Feb. 29, 2000
`
`TRADEMARK
`PRHKHPALREGEHER
`
`
`‘‘IIIIIIIIIIIIIIIII'f
`\
`4
`
`
`
`“N
`
`4"
`
`u,
`
`4
`
`5.4‘
`
`GUESS1‘, INC. (DELAWARE CORPORATION)
`1444 S. ALAMEDA STREET
`LOS ANGELES, CA 90021
`
`0—0—|984;
`
`IN COMMERCE
`
`FOR: EYEWEAR, NAMELY, EYEGLASSES,
`sUNG1.AssEs. EYEGLAss cAsEs, EYEGLASS
`POUCHES, EYEGLASS FRAMES AND EYE-
`GLASS CHAINS, IN CLASS 9 (U5. C15. 21, 23.
`25, 30 AND 33).
`FIRST use
`0-0-1934.
`FOR: WATCHES. CLOCKS. JEWELRY, CUFF-
`LINKS AND TIE curs, IN CLASS 14 (us. CLS.
`2, 21, 22 AND 50).
`FIRST USE
`0-0-1984.
`FOR: BACKPACKS, HANDBAGS. SMALL
`LEATHER GOODS, NAMELY, WALLETS, TRI-
`FOLD WALLETS. HIP FOLD WALLETS,
`CREDIT CARD cAsEs, CREDIT CARD/
`
`0.0.1934;
`
`IN COMMERCE
`
`MONEY FOLDING WALLETS. KEY cAsEs,
`TRAVEL BAG FOR TOILBTRIES. LUGGAGE,
`PURSES. com PURSES. COSMETIC CASES,
`TOTBS, CARRY-ON TOTES. BRIEFCASES,
`TOTE BAGS. BOOK BAGS. TRAVEL BAGs,
`DUFFEL BAGS, AND CLOTH SHIPPING
`BAGS. IN cLAss I8 (us. c1.s. 1. 2. 3, 22 AND
`41).
`FIRST USE
`0.0.1933.
`FOR: APPAREL. NAMELY. BANDANNAS.
`BASEBALL CAPS, BELTS. BLOUSES. BODY-
`surrs. BOOTIES, BOXER SHORTS, ERAS, BUS-
`TIERS.
`cAM1soLEs. CAPS. CARDIGANS.
`CLOTH BIBS, CLOTH CAPS, CREW SHIRTS.
`cnop
`TOPS.
`DRESSES,
`FOOTWEAR.
`HALTERS. HOODED COVER ups, HOODED
`SHIRTS,
`HOODED JUMPERS,
`JACKETS,
`JEANS. JUMPER DRESSES. JUMPERS, JUMP-
`surrs.
`LEGGINGS.
`LEOTARDS, MEN'S
`
`IN COMMERCE
`
`0-0-1988;
`
`
`
`2
`
`2.322.937
`
`BRIEFS, MINISKIRTS, ONE-PIECE’. UNDER-
`WEAR SUITS. OVERALL PLAYSUITS, OVER-
`ALLS, PANTIES, PANTS, PANTSUITS, POLO
`SHIRTS, PULL-OVERS. ROBES. ROMPERS.
`SHIRTS, SHORTALLS, SHORT SETS, SHORTS,
`SKIRTS. SKORTS. SLEEPERS. SOCKS. SPORT
`SHIRTS, STRETCH PANTS, STRETCH TOPS.
`SUSPENDERS.
`SWEATERS,
`SWEATPANTS,
`SWEATSHIRTS, SWEATSUITS, SWIMWEAR,
`SWIMWEAR COVER-UPS, TANK TOPS, TAP
`PANTS, TEDDIES, TIGHTS. T-SHIRTS, TUR-
`TLENECKS, UNDERSHIRTS, UNDERWEAR
`
`O-0—l98l;
`
`AND VESTS. IN CLASS 25 (U.S. CLS. 22 AND
`39).
`FIRST USE
`0-0-19Bl.
`OWNER OF U.S. REG. NOS. 1,271,896, 1,787,695
`AND OTHERS.
`THE DRAWING IS LINED FOR THE COLOR
`RED.
`SEC. 2(F).
`
`IN COMMERCE
`
`SER. NO. ?5—434,56l, FILED 2-13-1998.
`
`RUSS HERMAN. EXAMINING ATTORNEY
`
`
`
`Exhibit 4
`
`
`
`Int. CL: 25
`
`Prior U.S. ClS.: 22 and 39
`
`Reg. No. 3,046,488
`Registered Jan. 17, 2006
`United States Patent and Trademark Office
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`mum
`
`
`I“H!
`
`
`
`NIH
`
`}
`
`Ix
`
`
`
`
`'
`
`
`
`GUESS? IP HOLDER L.P. (DELAWARE LIMITED
`PARTNERSHIP)
`14-4-4 SOUTI-1 ALAMEDA STREET
`LOS ANGELES, CA 90021
`
`FOR: MEN'S, WOMEN'S, BOYS‘, GIRLS’, CHIL-
`DREN'S AND INFANTS APPAREL, NAMELY, UN-
`DERWEAR, FOOTWEAR, SWIMWEAR, CAPS,
`I-IEADWEAR, ROBES, PAJAMAS, HOSIERY,
`GLOVES, BELTS, NECKTIES, UNDERSHIRTS,
`SOCKS, SHIRTS, T-SHIRTS, SWEATPANTS, SWEAT-
`SHIRTS, KI\‘IT TOPS, SKIRTS, PANTS, TROUSERS,
`SHORTS, SWEATERS, JEANS, VESTS, COATS,
`JACKETS, OVERALLS, BLAZERS, DRESSES,
`SCARVES, BLOUSES, CARDIGANS, GOWNS, GOLF
`
`SHIRTS, JOGGING SUITS, TURTLENECKS, SUITS
`AND POLO SHIRTS; WOMEN'S PAN'IIES, BRAS,
`TANK TOPS, CROP TOPS, BUSTIERS, CAMISOLES,
`TAP PANTS, TEDDIES; MEN'S BRIEFS AND BOXER
`SHORTS, IN CLASS 25 (US. CLS. 22 AND 39).
`
`FIRST USE 7-O-2003; IN COMMERCE 7-0-2003.
`
`THE DRAWWG IS LINED FOR THE COLOR RED
`AND COLOR IS A FEATURE OF THE MARK.
`
`SN 75-788,249, FILED 8-30-1999.
`
`RUDY R. SINGLETON, EXAMTNING ATTORNEY
`
`
`
`Exhibit 5
`
`
`
`Int..C1.: 3
`
`Prior U.S. C1.: 51
`Reg. No. 1,546,993
`_
`_
`Umted States Patent and Trademark Office Registered July 11, 1939
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`GUESS ?, INC. (CALIFORNIA CORPORATION)
`123 EAST 35TH STREET
`LOS ANGELES. CA 90011
`
`OWNER OF U.s. REG. "Nos.
`1,299,530. AND 1,437,016.
`
`1,271.395,
`
`I-‘OR: PERFUME, IN CLASS 3 (U.S. CL. 51).
`FIRST USE
`6-24988;
`IN COMMERCE
`6-2-1988.
`
`sER'N°' 743-555' m'ED'8“25“1938'
`
`KRISTEN S. BYERS. EXAMINING ATTORNEY
`
`
`
`Exhibit 6
`
`
`
`Int. Cl.: 14
`
`Prior U.S. Cl.: 27
`Reg. No. 1,465,363
`‘
`_
`. Umted States Patent and Trademark Office Registered N01-.17,1987
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`GUESS ‘-3, INC. (CALIFORNIA CORPORATION)
`123 EAST 35TH STREET
`LOS ANGELES. CA 90011
`
`OWNER OF U.S. REG. NOS. 349,86], 1.4-O4-.671
`AND OTHERS.
`
`FOR: CLOCKS AND WATCHES. IN CLASS 14
`(us. CL. 27).-
`FIRST USE
`I‘I—0—1984.
`
`IN COMMERCE
`-
`'
`-
`
`ll-0-1984;
`
`SE“ “'0' ‘°“*“3" FILED "‘5"935'
`
`RICHARD
`NEY
`
`GORDON, EXAMINING ATTOR-
`-
`
`
`
`Exhibit _7
`
`
`
`Int. Cl.: 25
`
`Prior U.S. Cl.: 39
`
`United States I_5atent and Trademark Office
`
`Reg. No. 1,271,396’
`Registered Mar. 27, 1984-
`
`TRADEMARK
`Principal Register
`
`
`
`Guess ?, Inc. (California corporation)
`771 E. 9th St.
`Los Angeies, Calif. 90021
`
`For: MEN'S AND WOMEN’S PANTS AND
`JUMPSUITS,
`AND WOMEN’S
`BLOUSES,"
`SKIRTS, SHORTS, VESTS,
`JACKETS AND
`DRESSES, in CLASS 25 (US. Cl. 39).
`-
`First use Nov. 1981; in commerce Nov. 198i.‘
`
`'
`
`-The inark consists of the term Guess '2, inscribed
`
`within ah inverted triangle.
`
`Ser. No. 369,608, filed Jun. 14, .1982.
`
`WILBUR C. DAVIS. Examining Attorney
`
`
`
`Docket No. 1l0.2”‘139/G440
`
`CERTIFICATE OF ELECTRONIC TRANSMISSION AND SERVICE
`
`I certify that on January 16, 2015, the foregoing PETITION TO CANCEL is being
`
`electronically filed with the following:
`
`United States Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`It is further certified that on January 16, 2015, the foregoing PETITION TO CANCEL
`
`is being served by mailing a copy thereof by first-class mail addressed to:
`
`Knowluxe Limited Liability Company
`821 Rifle Camp Road
`Woodland Park, New Jersey 07424
`
`,
`
`____.
`
`By \ WU
`
`Colleen Toomey
`Assistant to Gary Nelson
`Christie, Parker & Hale, LLP
`P.O. Box 29001
`
`Glendale, California 91209-9001
`626/795-9900
`
`GJN/ct
`
`CPS PASl3367l4.1-*-01.116/15 3:11 PM