ESTTA Tracking number:
`
`ESTTA1429262
`
`Filing date:
`
`04/17/2025
`
`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 has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Fete Noire LLC
`
`Limited Liability Company
`
`Incorporated or
`registered in
`
`North Carolina
`
`6701 MOUNTING ROCK ROAD
`CHARLOTTE, NC 28217
`UNITED STATES
`
`JEFFREY J. SCHWARTZ
`SCHWARTZ LAW FIRM, P.C.
`6100 FAIRVIEW ROAD, SUITE 1135
`SUITE 1135
`CHARLOTTE, NC 28210
`UNITED STATES
`Primary email: jjs@schwartz-iplaw.com
`7045521889
`
`Docket no.
`
`1436/2
`
`Registration subject to cancellation
`
`Registration no.
`
`7414990
`
`Registration date
`
`06/11/2024
`
`Register
`
`Registrant
`
`Principal
`
`God's Vision Industries LLC
`11840 NIXON LN.
`WHITTIER, CA 90601
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 035. First Use: Feb 1, 2022 First Use In Commerce: Jul 12, 2022
`All goods and services in the class are subject to cancellation, namely: Administering a wine club by
`means of selecting wines based on consumer expectations and arranging periodic shipment to club
`members; membership club services in the nature of providing discounts to members in the field of
`travel, tasting events, marketing and partner products
`
`Class 041. First Use: Feb 1, 2022 First Use In Commerce: Jul 12, 2022
`All goods and services in the class are subject to cancellation, namely: Conducting entertainment ex-
`hibitions in the nature of wine and spirits festival
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`

`

`Mark cited by petitioner as basis for cancellation
`
`U.S. application
`no.
`
`97849300
`
`Application date
`
`03/21/2023
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`FETE NOIRE
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Oct 31, 2018 First Use In Commerce: Oct 31,
`2018
`Clothing, namely, shirts and T-shirts
`Class 036. First use: First Use: Oct 31, 2004 First Use In Commerce: Oct 31,
`2004
`Charitable fundraising services by means of organizing and conducting enter-
`tainment events involving toy drives and donations for children
`
`Attachments
`
`97849300#TMSN.png( bytes )
`PETITION TO CANCEL_FESTIVAL NOIR_4-2025.pdf(56346 bytes )
`EXHIBIT_A.pdf(5214086 bytes )
`
`Signature
`
`/jjs/
`
`Name
`
`Date
`
`Jeffrey J. Schwartz
`
`04/17/2025
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`____________________________________
`
`Cancellation No.
`
`TM: FESTIVAL NOIR
`(Reg. No. 7,414,990)
`
`)
`
`) )
`
`) )
`
`) )
`
`FETE NOIRE LLC
`
`Petitioner,
`
`v.
`
`GOD”S VISION INDUSTRIES LLC
`
`)
`)
`)
`Registrant.
`____________________________________)
`
`PETITION TO CANCEL
`
`Fete Noire LLC, a North Carolina limited liability company, having a business address of
`6701 Mounting Rock Road, Charlotte, North Carolina 28217 (“Petitioner”), believes that it is being
`damaged by U.S. Registration No. 7,414,990 (“Registration”) for the mark FESTIVAL NOIR and
`hereby petitions to cancel the federal registration of said mark. In support thereof Petitioner states
`as follows:
`
`Petitioner is the owner of common law rights in the mark FETE NOIRE (“Petitioner’s
`1.
`Mark”) for various goods and services, including, inter alia, clothing and charitable fundraising.
`
`Petitioner’s Mark is and has become a valuable asset of Petitioner, representing the good will
`2.
`of its business and contributing directly and substantially to Petitioner’s brand and overall reputation.
`
`On March 21, 2023, Petitioner filed a trademark application Serial No. 97/849,300 with the
`3.
`United States Patent and Trademark Office (“Trademark Office”) under Section 1(a) of the
`Trademark Act seeking federal registration of its mark FETE NOIRE listing: “clothing, namely,
`shirts and T-shirts” in Class 25; and “charitable fundraising services by means of organizing and
`conducting entertainment events involving toy drives and donations for children” in Class 36
`(“Petitioner’s Application”).
`
`As alleged in Petitioner’s Application, Petitioner’s Mark has been used in commerce to
`4.
`advertise, promote and conduct the above charitable fundraising services in Class 36 since at least
`as early as October 31, 2004. Dated samples of Petitioner’s advertising are attached at Exhibit A.
`
`Upon information and belief, the current owner of the Registration is God’s Vision Industries
`5.
`LLC, a California limited liability company with a business address of 11840 Nixon Lane, Whittier,
`California 90601 ("Registrant").
`
`

`

`On August 31, 2022, Registrant filed a trademark application with the Trademark Office
`6.
`seeking federal registration for the mark FESTIVAL NOIR ("Registered Mark"), and the
`Registration was granted on June 11, 2024 listing the following services: “Administering a wine club
`by means of selecting wines based on consumer expectations and arranging periodic shipment to
`club members; membership club services in the nature of providing discounts to members in the field
`of travel, tasting events, marketing and partner products” in Class 35; and “Conducting
`entertainment exhibitions in the nature of wine and spirits festival” in Class 41.
`
`According to the records of the Trademark Office, Registrant first used the Registered Mark
`7.
`anywhere for the above services in each of Classes 35 and 41 on February 1, 2022; and first used the
`Registered Mark in commerce for the above services in each of Classes 35 and 41 on July 12, 2022.
`
`Petitioner’s Mark has been refused registration by the Examining Attorney at the Trademark
`8.
`Office for its charitable fundraising services in Class 36 on grounds that Petitioner's Mark is likely
`to be confused with the Registered Mark.
`
`Petitioner has been and will continue to be damaged by the continued existence of the
`9.
`Registration, in that Petitioner’s Application to register Petitioner’s Mark in Class 36 has been
`refused in view of the Registered Mark.
`
`In light of Petitioner's longstanding use in commerce of Petitioner’s Mark, Petitioner is being
`10.
`damaged and will continue to be damaged if Registrant is allowed to maintain the Registration
`because Registrant's continued registration stands as a bar to Petitioner's ability to federally register
`and protect its mark for the charitable fundraising services listed in Class 36 of Petitioner’s
`Application.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Petitioner prays that this Petition for Cancellation of Registration No. 7,414,990 be
`granted, and that judgment be entered against Registrant effecting the cancellation of such
`registration.
`
`The filing fee of $600 for this Petition to Cancel is being submitted electronically with this Petition.
`
`Petitioner hereby appoints Jeffrey J. Schwartz of Schwartz Law Firm, P.C., member of the North
`Carolina bar, as its attorney with full power of substitution and revocation, to prosecute this
`cancellation proceeding, and to transact all business in the U.S. Patent and Trademark Office in
`connection herewith.
`
`Date: April 17, 2025.
`
`

`

`Respectfully submitted,
`
`/s/ Jeffrey J. Schwartz
`Jeffrey J. Schwartz
`SCHWARTZ LAW FIRM, P.C.
`6100 Fairview Road, Suite 1135
`Charlotte, North Carolina 28210
`(704) 552-1889
`jjs@schwartz-iplaw.com
`NC State Bar # 19263
`
`Attorney for Petitioner
`Fete Noire LLC
`
`

`

`An Annual Costume Celebration of Halloween
`
`fetenoire.com
`
`

`

`SSSSSSSSaaaaaattttttttuuuuuurrrrrddddddddaaaaaayyyyyyy,,, OOOOOOOOccccccttttttttoooooobbbbbbbbeeeeeerrrrr 1111111166666666,,, 22222222000000002222222211111111
`777777::::000000000000ppppppmmmmm –– UUUUUUnnnnnttttttiiiiiillllll
`6 701 Mounting Rock Road - 2821 7
`
`There will be light hors d’oeuvres. Please B.Y.O.BPlease B.Y.O.B.
`( Regrets Only – 704.591.4212 )
`
`Please Be Responsible!
`For safety we insist that all guests have a
`Designated Driver or use UBER/Lyft.
`Please read our Legal Disclaimer (Inside Panel)
`
`We are continuing to sell Fête Noire T-shirts
`via Threadless.com and all of the proceeds go to the Allegro
`Foundation (Allegrofoundation.net).
`
`If you would like a little year-round Fête, buy a T-shirt,
`visit our shop at https://fetenoire.threadless.com/
`or just click the link on our website at:
`fetenoire.com
`
`

`

`(cid:37)(cid:70)(cid:68)(cid:66)(cid:86)(cid:84)(cid:70)(cid:3)(cid:80)(cid:71)(cid:3)(cid:80)(cid:79)(cid:72)(cid:80)(cid:74)(cid:79)(cid:72)(cid:3)(cid:81)(cid:66)(cid:79)(cid:69)(cid:70)(cid:78)(cid:74)(cid:68)(cid:3)(cid:68)(cid:80)(cid:79)(cid:68)(cid:70)(cid:83)(cid:79)(cid:84)(cid:3)(cid:194)(cid:83)(cid:3)(cid:70)(cid:87)(cid:70)(cid:79)(cid:85)(cid:3)this year will be
`EXCLUSIVELY OUTDOORS ONLY
`YOU ACKNOWLEDGE THAT PRIOR TO ATTENDING THE FÊTE NOIRE
`HALLOWEEN PARTY YOU READ THE FOLLOWING:
`If you choose to drink alcohol, please drink responsibly and any attendee who
`drinks alcohol should designate a driver who does not drink alcohol, or use
`a third-party safe ride option (ie, Uber, Lyft, taxi, etc.). Should you need any
`assistance, please see Wes Knowles or Thomas Harrison.
`
`We take your health very seriously. Although many of us are now vaccinated,
`COVID-19 may still cause serious and potentially life-threatening illness and
`even death. Therefore, your decision to attend the Fête Noire Halloween Party
`may expose you to COVID-19. We cannot prevent you from becoming exposed
`to, contracting, or spreading COVID-19, and by attending the Fête Noire
`Halloween Party you are increasing your risk to COVID-19 exposure, especially
`if you are not properly vaccinated.
`Before you attend the Fête Noire Halloween Party, please ensure that:
`1. You are not experiencing any symptom of illness such as cough, shortness
`of breath or difficulty breathing, fever, chills, repeated shaking with chills,
`muscle pain, headache, sore throat, or new loss of taste or smell.
`2. You have not traveled internationally within the last 14 days.
`3. You have not traveled to a highly impacted COVID-19 area within the
`United States of America in the last 14 days.
`4. You do not believe you have been exposed to someone with a suspected
`and/or confirmed case of COVID-19 within the last thirty (30) days.
`5. You have not been diagnosed with COVID-19 within 30 days of the event.
`6. You are following all Center for Disease Control and the State of North
`Carolina recommended guidelines and limiting your potential exposure
`to COVID-19.
`
`YOUR DECISION TO ATTEND THE FÊTE NOIRE HALLOWEEN PARTY SHALL INCLUDE
`YOUR ADHERENCE TO ALL THE ABOVE STATEMENTS AND ANY FAILURE TO ADHERE
`TO THE SAME IS AT YOUR OWN RISK OR DETRIMENT. ACCORDINGLY, THE OWNERS OF
`THE PROPERTY AND FACILITATORS OF THE FÊTE NOIRE HALLOWEEN PARTY SHALL
`NOT BE LIABLE IN ANY WAY DUE TO YOUR FAILURE TO ADHERE TO ANYTHING HEREIN
`AND/OR IF YOU CONTRACT COVID-19 DURING THE FÊTE NOIRE HALLOWEEN PARTY.
`
`DUE TO THE EVOLVING ENVIRONMENT ADDITIONAL RESTRICTIONS MAY APPLY AND
`WE WILL SEND THOSE VIA OUR WEBSITE, FETENOIRE.COM, AND OUR FB GROUP PAGE
`PRIOR TO THE PARTY. THESE SAME RULES APPLY TO THOSE WHO ARE VACCINATED.
`
`Our Annual Toy Drive
`Guess what!? Fête Noire will be celebrating 28 years this season!
`This was accomplished with the support from all of you. We are
`honored that you have remained a part of the events over the years.
`We are very thankful to you collectively for each of your generous
`donations every year. The toys collected in the pandemic year of
`2020 still gave 87 children their entire Christmas. Remarkable!
`Then the Fête donations to the Allegro foundation reached over
`$15,000. It is truly amazing what our group accomplished, and
`we achieved this during a year without our in-person event.
`
`For over 28 years we have watched the party grow from our original
`dozen to hundreds of wonderful, engaging, and fascinating people.
`We feel enriched to be surrounded by so many quality family,
`friends, and colleagues. Your presence, creativeness, enthusiasm,
`and gregarious conduct at Fête Noire events have made the party
`an extra-special occasion upholding its fantastic reputation. We
`appreciate the congenial atmosphere the Fête family has created.
`
`We want to continue the giving and blessing those in need. Please
`understand that your contributions make an enormous difference.
`We ask that each guest contribute a new unwrapped toy, or you
`may make a monetary donation to the Allegro Foundation at the
`party or online at allegrofoundation.net (#fetenoire for tracing).
`The act of giving and caring for others manifests love in our
`community and beyond. Your generous gifts have touched hundreds
`of lives through the years, creating a better world for all of us.
`
`We would like to thank each guest for what our group has
`accomplished in previous years. We are even more excited and
`believe that this October, working together, we can achieve it all
`over again and create even more magic in the world.
`
`Very Gratefully Yours,
`Thomas & Wes
`
`* Port-A-Johns will be available at the event
`
`Special thanks to JM Graphics for printing the invitation each year.
`
`

`

`2018 INVITATION
`2018 INVITATION
`
`eS
`
`SeaeJ
`
`

`

`OUR ANNUAL TOY DRIVE & Allegro Fundraiser
`We are continually amazed at the generosity of our
`guests each year. Our toy drive last season was another
`enormous success. Around 450 toys were collected and
`were distributed to disadvantaged families in NC around
`the holidays. We appreciate each one of you and your
`generous donations. Your gifts made a difference in the
`lives of more than three hundred children & their
`families during the 2014 Christmas season.
`
`With experiences of considerable loss over the last few
`years, we are recognizing how privileged we are to be
`surrounded by so many quality friends and colleagues.
`Your presence, creativeness and gregarious conduct at
`our events over the years has made Fete Noire a very
`special occasion for each participant. Many of you have
`asked what you can do to help, and our answer would be
`to continue the toy drive. We ask each guest to
`contribute one new toy or make a monetary donation
`to the Allegro Foundation, allegrofoundation.net. The
`act of giving and caring for others manifests love in our
`community and beyond. Your generous gifts have touched
`numerous lives over the years.
`
`We would like to thank each guest for what our
`group has accomplished in the previous
`seasons and hope that, together, we can
`reach new heights in 2015.
`
`Sincerely,
`Wes & Thomas
`
`

`

`There will be
`light hors D’oeuvres and mixers.
`please B.Y.O.B.
`
`You and your guest are invited to
`6701 Mounting Rock Road 28217
`
`Saturday, October 17th, 2015
`From 7:30pm until
`Regrets Only by October 10th, 2015 at
`704.591.4212 (thomas) or wes@fetenoire.com
`
`2-)S- *- 4-S2S1*- 
`For Safety,
`We Insist that all guests
`Have A Designated Driver.
`
`
`Don’t Forget Our Annual Toy Drive and/or
`our Allegro Foundation Fundraiser.
`See the Details on the back.
`
`

`

`2013 INVITATION
`2013 INVITATION
`
`Sar=
`
`AN AMNVAL COSTUME SamaNE
`ba 2g SAN oy
`
`i
`
`ie aS
`
`&
`
`