Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1137461
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`Filing date:
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`06/01/2021
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`92076968
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`Party
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`Correspondence
`Address
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`Defendant
`Jade Apparel, Inc.
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`JADE APPAREL, INC.
`1625 S. GREENWOOD AVENUE
`MONTEBELLO, CA 90640
`UNITED STATES
`Primary Email: jeannie@jadeapparel.net
`323-867-9800
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Answer
`
`Amanda V. Dwight
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`adwight@dwightlawgroup.com
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`/amanda dwight/
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`06/01/2021
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`Attachments
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`Answer to Petition for Cancellation.pdf(89631 bytes )
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`
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`ESTTA Tracking number:
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`ESTTA1137461
`
`Filing date:
`
`06/01/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92076968
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Jade Apparel, Inc.
`
`JADE APPAREL, INC.
`1625 S. GREENWOOD AVENUE
`MONTEBELLO, CA 90640
`UNITED STATES
`Primary Email: jeannie@jadeapparel.net
`323-867-9800
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Amanda V. Dwight
`
`adwight@dwightlawgroup.com
`
`/amanda dwight/
`
`06/01/2021
`
`Attachments
`
`Answer to Petition for Cancellation.pdf(89631 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
`
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`
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`Freedom JN LLC
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`
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`Cancellation No. 92076968
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` Re Registration No. 4946232
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`Mark: DON’T.STOP.BELIEVING
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`Petitioner,
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` v.
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`Jade Apparel, Inc.
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`Registrant.
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`REGISTRANT’S RESPONSE TO PETITION FOR CANCELLATION
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`Registrant, Jade Apparel, by and through its counsel, for its Response to the
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`Petition for Cancellation filed in proceeding No. 92076968, states as follows:
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`1.
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`Registrant has insufficient knowledge or information as to the truth of the
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`allegations of Paragraph 1 of the Petition for Cancellation and therefore denies them.
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`2.
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` Registrant has insufficient knowledge or information as to the truth of the
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`allegations of Paragraph 2 of the Petition for Cancellation and therefore denies them.
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`3.
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`Registrant has insufficient knowledge or information as to the truth of the
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`allegations of Paragraph 3 of the Petition for Cancellation and therefore denies them.
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`4.
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`Registrant has insufficient knowledge or information as to the truth of the
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`allegations of Paragraph 4 of the Petition for Cancellation and therefore denies them.
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`5.
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`Registrant denies the allegations of Paragraph 5 of the Petition for
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`Cancellation.
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`6.
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`Registrant denies the allegations of Paragraph 6 of the Petition for
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`Cancellation.
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`7.
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`Registrant denies the allegations of Paragraph 7 of the Petition for
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`Cancellation.
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`8.
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`Registrant has insufficient knowledge or information as to the truth of the
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`allegations of Paragraph 8 of the Petition for Cancellation and therefore denies them.
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`9.
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`Registrant admits Petitioner is identified as the owner/applicant of U.S.
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`Trademark Application Serial No. 90172595 (“the ‘595 Application”) for the mark DON’T
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`STOP BELIEVIN’ in International Classes 024, 025, and 041. Registrant has insufficient
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`knowledge or information as to the truth of the remaining allegations of Paragraph 9 of
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`the Petition for Cancellation and therefore denies them.
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`10. Registrant admits the allegations of Paragraph 10 of the Petition for
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`Cancellation.
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`11. Registrant admits the allegations of Paragraph 11 of the Petition for
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`Cancellation.
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`12. Registrant admits its mark, as identified in Registration No. 4946232,
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`consists of standard characters without claim to any particular font style, size, or color.
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`Registrant denies the remaining allegations of Paragraph 12 of the Petition for
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`Cancellation.
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`13. Registrant denies the allegations of Paragraph 13 of the Petition for
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`Cancellation.
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`14. Registrant denies the allegations of Paragraph 14 of the Petition for
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`Cancellation.
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`15. Registrant denies the allegations of Paragraph 15 of the Petition for
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`Cancellation.
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`16. Registrant denies the allegations of Paragraph 16 of the Petition for
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`Cancellation.
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`17. Registrant denies the allegations of Paragraph 17 of the Petition for
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`Cancellation.
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`18. Registrant denies the allegations of Paragraph 18 of the Petition for
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`Cancellation.
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`19. Registrant denies the allegations of Paragraph 19 of the Petition for
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`Cancellation.
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`20. Registrant has insufficient knowledge or information as to the truth of the
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`allegations of Paragraph 20 of the Petition for Cancellation and therefore denies them.
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`21. Registrant denies the allegations of Paragraph 21 of the Petition for
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`Cancellation.
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`Affirmative Defenses
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`In further answer to the Petition for Cancellation, Registrant asserts that:
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`Affirmative Defense No. 1: The Petition for Cancellation fails to state any claim
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`upon which relief may be granted.
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`Affirmative Defense No. 2: Petitioner’s claims are barred by laches in that
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`Petitioner unreasonably delayed efforts to enforce its rights, if any.
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`Affirmative Defense No. 3: Petitioner’s claims are barred in whole or in part, on
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`the basis that Petitioner’s use of its mark is merely as decorative or ornamental feature
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`of its goods and, thus, Petitioner’s mark does not function as a trademark to indicate the
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`source of Petitioner’s goods and to identify and distinguish them from others.
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`Registrant reserves the right to rely on such other and further affirmative defenses
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`as may be supported by the facts to be determined through full and complete discovery
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`and to amend their Answer to assert such affirmative defenses.
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`WHEREFORE, Registrant contends
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`that
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`this Petition for Cancellation is
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`groundless and baseless in fact. Registrant denies Petitioner is entitled to the relief which
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`it seeks and Registrant affirmatively asserts it is entitled to maintain registration of its
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`DON’T.STOP.BELIEVING mark on the Principal Register of the United States Patent and
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`Trademark Office. Therefore, Registrant requests:
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`
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`(1) the dismissal of Cancellation No. 92076968, with prejudice;
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`(2) that judgment be entered in favor of Registrant; and
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`(3) that Registrant be rewarded such other and further relief as the Trademark Trial
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`and Appeal Board deems just and proper.
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`Dated: June 1, 2021
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`Respectfully Submitted,
`By: /amanda dwight/
`Amanda V. Dwight
`Dwight Law Group
`2603 Main Street, Suite 200
`Irvine, CA 92614
`Tel: (949) 515-0003
`Fax: (949) 266-8680
`adwight@dwightlawgroup.com
`Attorneys for Registrant
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`
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`Certificate of Service
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`The undersigned hereby certifies that a copy of this paper has been served upon
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`the Petitioner via electronic mail at the following address:
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`Michael Bartholomew, Esq.
`Kunzler Bean & Adamson, PC
`50 West Broadway, 10th Floor
`Salt Lake City, Ut 84101
`mbartholomew@kba.law, docket@kba.law, mkeshishian@kba.law
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`
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`Dated: June 1, 2021
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`By:
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`/Amanda V. Dwight/
`Amanda V. Dwight
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