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`ESTTA Tracking number:
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`ESTTA1283297
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`Filing date:
`
`05/05/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92081929
`
`Party
`
`Correspondence
`address
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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
`
`Defendant
`Andrew Jimerson II
`
`AMANDA G. HYLAND
`TAYLOR ENGLISH DUMA LLP
`1600 PARKWOOD CIRCLE
`SUITE 200
`ATLANTA, GA 30339
`UNITED STATES
`Primary email: ahyland@taylorenglish.com
`Secondary email(s): rahuja@taylorenglish.com
`770-434-6868
`
`Answer
`
`Amanda G. Hyland
`
`ahyland@taylorenglish.com, rahuja@taylorenglish.com
`
`/Amanda G. Hyland/
`
`05/05/2023
`
`Attachments
`
`02567508.PDF(148566 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
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`
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`Dr. Giancarlo Plastic Surgery PPLC,
`an entity
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`Petitioner
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`v.
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`Andrew Jimerson II, an individual
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`Registrant
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`)
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`Cancellation No. 92081929
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`Registration No. 5989367
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`Mark: MAMASITA MAKEOVER
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`REGISTRANT’S ANSWER TO PETITION FOR CANCELLATION
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`
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`Andrew Jimerson II (“Registrant”) answers Dr. Giancarlo Plastic Surgery PPLC’s
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`(“Petitioner”) Petition for Cancellation as follows:
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`Background
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`1. Registrant is without knowledge or information sufficient to form a belief as to the
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`truth of the averments asserted in Paragraph 1 of the Petition for Cancellation and
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`therefore denies same.
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`2. Registrant admits that the records of the United States Patent & Trademark Office
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`(“USPTO”) indicate that Petitioner is the owner of U.S. Trademark application Serial
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`No. 97/855,933.
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`3. Registrant is without knowledge or information sufficient to form a belief as to the truth
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`of the averments asserted in Paragraph 3 of the Petition for Cancellation and therefore
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`denies same.
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`4. Admitted.
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`5. Admitted.
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`6. Registrant admits that it submitted a Mother’s Day ad as its specimen showing use of
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`the MAMASITA MAKEOVER mark in commerce.
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`7. Admitted.
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`Registrant Has Abandoned MAMASITA MAKEOVER Through Non-Use
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`8. Registrant is without knowledge or information sufficient to form a belief as to the truth
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`of the averments asserted in Paragraph 8 of the Petition for Cancellation and therefore
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`denies same.
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`9. Denied.
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`10. Denied.
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`11. Denied.
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`12. Admitted in part. Defendant ceased offering surgical procedures due to COVID-19,
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`and then due to an office fire.
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`13. Admitted.
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`14. Denied.
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`15. Denied.
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`
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`AFFIRMATIVE DEFENSES
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`FIRST AFFIRMATIVE DEFENSE
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`Registrant has never had any intent to abandon, and has intent to resume use.
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`SECOND AFFIRMATIVE DEFENSE
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`
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`Registrant’s nonuse is excusable.
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`THIRD AFFIRMATIVE DEFENSE
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`Petitioner fails to state a claim upon which relief can be granted, and in particular, fails to
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`state legally sufficient grounds for sustaining the opposition.
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`Respondent reserves the right to assert any additional affirmative defenses as may arise
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`2
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`during the course of additional investigation and discovery.
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`
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`WHEREFORE, Registrant requests that all relief requested in the Petition for Cancellation
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`be denied and that the Petition for Cancellation be dismissed with prejudice.
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`
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`Dated: May 5, 2023
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`
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`
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`/s/ Amanda G. Hyland
`Amanda G. Hyland
`Taylor English Duma LLP
`1600 Parkwood Circle, Suite 200
`Atlanta, Georgia 30339
`Telephone: 770.434.6868
`Facsimile: 770.434.7376
`Email: ahyland@taylorenglish.com
`
`Attorney for Registrant
`Andrew Jimerson II
`
`
`
`3
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`
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`I hereby certify that on May 5, 2023, a true and complete copy of the foregoing
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`CERTIFICATE OF SERVICE
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`REGISTRANT’S ANSWER TO PETITION FOR CANCELLATION has been served on
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`Petitioner’s counsel of record by electronic mail to:
`
`Jacqueline V. Brousseau
`Greenberg Traurig, LLP
`77 W. Wacker Drive
`Suite 3100
`Chicago, IL 60601
`chiipmail@gtlaw.com
`Jacqueline.brousseau@gtlaw.com
`cronink@gtlaw.com
`matthewsk@gtlaw.com
`
`
`/s/ Amanda G. Hyland
`Amanda G. Hyland
`
`Attorney for Registrant
`Andrew Jimerson II
`
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