Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA440145 Filing date: 11/09/2011 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition

Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information

Name Chantelle Granted to Date 11/23/2011 of previous extension Address 8-10 rue de Provigny F-94230 Cachan, FRANCE

Attorney Michael Culver information Millen, White, Zelano & Branigan, P.C. 2200 Clarendon Boulevard, Suite 1400 Arlington, VA 22201 UNITED STATES [email protected], [email protected] Phone:703-243-6333 Applicant Information

Application No 85270308 Publication date 07/26/2011 Opposition Filing 11/09/2011 Opposition 11/23/2011 Date Period Ends Applicant SEATOWN HULL LLC 105 MANOMET AVENUE HULL, MA 02045 UNITED STATES Goods/Services Affected by Opposition

Class 025. All goods and services in the class are opposed, namely: Hooded sweatshirts; Short-sleeved or long- sleeved t-shirts; Sweatshirts; T-shirts Grounds for Opposition

Priority and likelihood of confusion Trademark Act section 2(d) Marks Cited by Opposer as Basis for Opposition

U.S. Registration 3686165 Application Date 01/15/2008 No. Registration Date 09/22/2009 Foreign Priority 07/19/2007 Date Word Mark PASSIONATA Design Mark

Description of The mark consists of the word "PASSIONATA" in stylized form, with a "P" within Mark a heart design. Goods/Services Class 003. First use: PERFUMES, EAUX DE TOILETTE; BATH AND SHOWER GELS, CREAMS AND SALTS NOT FOR MEDICAL USE; TOILET SOAPS; COSMETICS IN PARTICULAR CREAMS, MILKS, LOTIONS, SERUMS, GELS AND POWDERS FOR THE BODY AND HANDS; BEAUTY MASKS; SKIN MOISTURIZERS; EXFOLIATING SCRUB AND CREAMS FOR THE SKIN Class 018. First use: TRUNKS AND SUITCASES; UMBRELLAS, PARASOLS; WALLETS; PURSES NOT OF PRECIOUS METAL; HANDBAGS, RUCKSACKS, TRAVELING BAGS AND TRAVELING SETS, COMPRISING MATCHING ITEMS OF LUGGAGE; BEACH BAGS Class 024. First use: BED BLANKETS; BED LINEN, HOUSEHOLD LINEN, NOT MADE OF PAPER; BATH LINENS INCLUDING TOWELS, FLANNEL FABRICS Class 025. First use: WOMEN'S UNDERWEAR AND LINGERIE ARTICLES FOR DAY WEAR AND NIGHT WEAR, IN PARTICULAR GIRDLES, BODICES, STRAPLESS TOPS, WAIST CINCHERS, BRASSIERES, BRIEFS, PANTIES, THONGS, MICRO SHORTS, PANTY SLIPS, SUSPENDER BELTS, STOCKING SUSPENDERS, GARTERS, CAMISOLES, NIGHTSHIRTS, TIGHTS, STOCKINGS, SWIMSUITS; CLOTHING, NAMELY, SHIRTS, PANTS, JACKETS, KNITWEAR, NAMELY, SWEATERS, BODY LINEN, TANK TOPS, TEE-SHIRTS, CORSETS, NIGHTSHIRTS, BOAS, SMOCKS, SLIPS, SWEATERS, TEDDIES, PAJAMAS, NIGHTSHIRTS, TROUSERS, LOUNGE PANTS, SHAWLS, DRESSING GOWNS, HOUSECOATS, BATH ROBES, SWIMSUITS, BATHING TRUNKS, PETTICOATS, SCARVES Class 035. First use: RETAIL STORE SERVICES FEATURING WOMEN'S UNDERWEAR AND FOR WOMEN'S LINGERIE ARTICLES, PERFUMES, EAUX DE TOILETTE AND COSMETICS, HOUSEHOLD AND BATH LINEN, ON-LINE RETAIL STORE SERVICES FEATURING WOMEN'S UNDERWEAR AND FOR WOMEN'S LINGERIE ARTICLES, PERFUMES, EAUX DE TOILETTE AND COSMETICS, HOUSEHOLD AND BATH LINEN; BUSINESS CONSULTING SERVICES, NAMELY, ASSISTING IN THE CREATION AND OPERATION OF RETAIL STORE OUTLETS; SALES PROMOTION SERVICES FOR THIRD PARTIES, ADVERTISING, BUSINESS MANAGEMENT AND BUSINESS ADMINISTRATION CONSULTANCY, ONLINE ADVERTISING ON A COMPUTER NETWORK, DISTRIBUTION OF ADVERTISING MATERIAL (LEAFLETS, PROSPECTUSES, FREE NEWSPAPERS, SAMPLES), NEWSPAPER SUBSCRIPTION SERVICES FOR THIRD PARTIES; BUSINESS INFORMATION OR INQUIRIES; ORGANIZATION OF EXHIBITIONS FOR COMMERCIAL OR ADVERTISING PURPOSES; ADVERTISING AND BUSINESS MANAGEMENT CONSULTANCY, RENTAL OF ADVERTISING SPACE, PROVIDING RADIO AND TELEVISION ADVERTISING FOR OTHERS; PROMOTING THE GOODS AND SERVICES OF OTHERS BY ARRANGING FOR SPONSORS TO AFFILIATE THEIR GOODS AND SERVICES WITH AN EDUCATIONAL EVENT, A CULTURAL EVENT, A SPORTS COMPETITION, TRADE FAIRS AND EXPOSITIONS IN THE FIELD OF FASHION U.S. Registration 3692665 Application Date 01/15/2008 No. Registration Date 10/06/2009 Foreign Priority 07/19/2007 Date Word Mark PASSION MAKER Design Mark

Description of The mark consists of the words "PASSION MAKER" in stylized form. Mark Goods/Services Class 003. First use: PERFUMES, EAUX DE TOILETTE; BATH AND SHOWER GELS, CREAMS AND SALTS NOT FOR MEDICAL USE; TOILET SOAPS; COSMETICS, IN PARTICULAR CREAMS, MILKS, LOTIONS, SERUMS, GELS AND POWDERS FOR THE BODY AND HANDS; BEAUTY MASKS; SKIN MOISTURIZERS; EXFOLIATING SCRUB AND CREAMS FOR THE SKIN Class 014. First use: JEWELRY, RINGS, BRACELETS, CHAINS, EARRINGS, NECKLACES, KEY RINGS OF PRECIOUS METAL, HOROLOGICAL AND CHRONOMETRIC INSTRUMENTS Class 018. First use: TRUNKS AND SUITCASES; UMBRELLAS, PARASOLS; WALLETS; PURSES NOT OF PRECIOUS METAL; HANDBAGS, RUCKSACKS, TRAVELING BAGS AND TRAVELING SETS, COMPRISING MATCHING ITEMS OF LUGGAGE; BEACH BAGS Class 024. First use: BED BLANKETS; BED LINEN, HOUSEHOLD LINEN, NOT MADE OF PAPER; BATH LINENS INCLUDING TOWELS, FLANNEL FABRICS Class 025. First use: WOMEN'S UNDERWEAR AND LINGERIE ARTICLES FOR DAY WEAR AND NIGHT WEAR, IN PARTICULAR GIRDLES, BODICES, STRAPLESS TOPS, WAIST CINCHERS, BRASSIERES, BRIEFS, PANTIES, THONGS, MICRO SHORTS, PANTY SLIPS, SUSPENDER BELTS, STOCKING SUSPENDERS, GARTERS, CAMISOLES, NIGHTSHIRTS, TIGHTS, STOCKINGS, SWIMSUITS; CLOTHING, NAMELY, SHIRTS, PANTS, JACKETS; KNITWEAR, NAMELY, SWEATERS, BODY LINEN, TANK TOPS, TEE-SHIRTS, CORSETS, BODICES, NIGHTSHIRTS, BOAS, SMOCKS, SLIPS, SWEATERS, TEDDIES, PAJAMAS, NIGHTSHIRTS, TROUSERS, LOUNGE PANTS, SHAWLS, DRESSING GOWNS, HOUSECOATS, BATH ROBES, SWIMSUITS, BATHING TRUNKS, PETTICOATS, SCARVES Class 035. First use: RETAIL STORE SERVICES FEATURING WOMEN'S UNDERWEAR AND FOR WOMEN'S LINGERIE ARTICLES, PERFUMES, EAUX DE TOILETTE AND COSMETICS, HOUSEHOLD AND BATH LINEN, ON-LINE RETAIL STORE SERVICES FEATURING WOMEN'S UNDERWEAR AND FOR WOMEN'S LINGERIE ARTICLES, PERFUMES, EAUX DE TOILETTE AND COSMETICS, HOUSEHOLD AND BATH LINEN; BUSINESS CONSULTING SERVICES, NAMELY, ASSISTING IN THE CREATION AND OPERATION OF RETAIL STORE OUTLETS; SALES PROMOTION SERVICES FOR THIRD PARTIES, ADVERTISING, BUSINESS MANAGEMENT AND BUSINESS ADMINISTRATION CONSULTANCY, ONLINE ADVERTISING ON A COMPUTER NETWORK, DISTRIBUTION OF ADVERTISING MATERIAL (LEAFLETS, PROSPECTUSES, FREE NEWSPAPERS, SAMPLES), NEWSPAPER SUBSCRIPTION SERVICES FOR THIRD PARTIES; BUSINESS INFORMATION OR INQUIRIES; ORGANIZATION OF EXHIBITIONS FOR COMMERCIAL OR ADVERTISING PURPOSES, ADVERTISING AND BUSINESS MANAGEMENT CONSULTANCY, RENTAL OF ADVERTISING SPACE, PROVIDING RADIO AND TELEVISION ADVERTISING FOR OTHERS, PROMOTING THE GOODS AND SERVICES OF OTHERS BY ARRANGING FOR SPONSORS TO AFFILIATE THEIR GOODS AND SERVICES WITH AN EDUCATIONAL EVENT, A CULTURAL EVENT, A SPORTS COMPETITION, TRADE FAIRS AND EXPOSITIONS IN THE FIELD OF FASHION

Attachments 79050308#TMSN.jpeg ( 1 page )( bytes ) 79050306#TMSN.jpeg ( 1 page )( bytes ) Notice of Opposition 11-09-2011.pdf ( 3 pages )(144318 bytes ) Exhibit A 11-09-11.pdf ( 7 pages )(412492 bytes ) Exhibit B 11-09-11.pdf ( 7 pages )(419045 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 /michaelculver/ Name Michael Culver Date 11/09/2011