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2020.03.03 Headspace Mind Space Opposition Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1039826 Filing date: 03/04/2020 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 Headspace Meditation Limited Granted to Date 03/04/2020 of previous ex- tension Address UNIT B-C, 7 PAPERMILL BUILDING CITY GARDEN ROW LONDON, N18DW UNITED KINGDOM Correspondence HANNAH L. CANNOM information Attorney of record, CA Bar Member WSC LLP 500 MOLINO STREET SUITE 118 LOS ANGELES, CA 90013 UNITED STATES [email protected], [email protected] 213-337-9972 Applicant Information Application No 87466436 Publication date 11/05/2019 Opposition Filing 03/04/2020 Opposition Peri- 03/04/2020 Date od Ends Applicant Stephen Johnson 16312 50th Ave N Minneapolis, MN 55446 UNITED STATES Goods/Services Affected by Opposition Class 041. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Meditation studio services; Meditation train- ing Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Dilution by blurring Trademark Act Sections 2 and 43(c) Dilution by tarnishment Trademark Act Sections 2 and 43(c) False suggestion of a connection with persons, Trademark Act Section 2(a) living or dead, institutions, beliefs, or national symbols, or brings them into contempt, or disrep- ute Marks Cited by Opposer as Basis for Opposition U.S. Registration 4014510 Application Date 06/11/2010 No. Registration Date 08/23/2011 Foreign Priority 12/15/2009 Date Word Mark HEADSPACE Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 0 First Use In Commerce: 0 [ DVDs, namely, prerecorded DVDs featuring meditation instruction; ] computer software for meditation instruction in the field of health and wellness; audio- books contained on disc or in electronic format such as mpegs or other prerecordedaudio formats in the field of meditation; timers to be used for medita- tion purposes; computer application software for mobile phones, namely, soft- ware for meditation instruction Class 016. First use: First Use: 0 First Use In Commerce: 0 Books in the field of meditation; magazines in the field of meditation; diaries Class 020. First use: First Use: 0 First Use In Commerce: 0 Chairs; furniture; cushions; meditationchairs Class 025. First use: First Use: 0 First Use In Commerce: 0 [ Meditation clothes, namely, shirts, tops, bottoms, headwear and footwear ] Class 038. First use: First Use: 0 First Use In Commerce: 0 Electronic transmission of data and documents via the Internet; data transmis- sion by electronic mail; delivery of data and messages by electronic transmis- sion;providing online forums concerning meditation for the transmission of mes- sages between computer users concerning meditation; providing online forums concerningmeditation for the transmission of messages between users of a mo- bile phone application concerning meditation; providing online forums concern- ing meditation for the transmission of messages between users of mobile phones or other internet enabled devices using computer applications concern- ing meditation; transmitting audio and video data by electronic communications networks Class 041. First use: First Use: 0 First Use In Commerce: 0 Organization of seminars in the field of meditation; conducting of instructional seminars on meditation practice; planning of meditation seminars for educational purposes; development of educational course materials for others in the fieldof meditation; conducting of educational courses in the field of meditation; teaching of meditation practices Class 044. First use: First Use: 0 First Use In Commerce: 0 Meditation services being alternative medicine services; healthcare services; provision of meditation services online, namely, providing information about al- ternative medicine online; provision of meditation services online by means of a mobile phone application, namely, providing information about alternative medi- cine online via mobile computer software applications U.S. Registration 4677075 Application Date 10/15/2013 No. Registration Date 01/27/2015 Foreign Priority 04/17/2013 Date Word Mark HEADSPACE Design Mark Description of The mark consists of the stylized word "HEADSPACE" and a design of a circle Mark to the left of the word, all in orange. Goods/Services Class 009. First use: First Use: 0 First Use In Commerce: 0 DVDs, namely, prerecorded DVDs featuring meditation instruction; computer software for meditation instruction; softwareapplications for meditation purposes, namely, meditation instruction and meditation education; audio-books contained ondisc or in electronic format such as MPEG or other prerecorded audio formats featuring meditation instruction; timers to be used for meditation purposes; com- puter application software for mobile phones, namely, software for meditation in- struction; podcasts featuring meditation instruction Class 016. First use: First Use: 0 First Use In Commerce: 0 Diaries; books, magazines and diaries with a meditation theme; articles of card- board, paper and plastic for use in packaging, namely, cardboard packaging, pa- per envelopes for packaging, paper bags for packaging, paperboard boxes, plastic bags for packaging, plastic film for packaging; printed packaging materi- als of card, paper or plastic, namely, printed paper labels; printed signs of paper or card Class 020. First use: First Use: 0 First Use In Commerce: 0 Chairs; furniture; cushions; meditationchairs Class 025. First use: First Use: 0 First Use In Commerce: 0 Meditation clothes, namely, shirts, tops, pants bottoms, headwear and footwear Class 030. First use: First Use: 0 First Use In Commerce: 0 Tea; non-medicated tea bags; tea based beverages Class 035. First use: First Use: 0 First Use In Commerce: 0 Services rendered by a franchisor, namely, assistance in the running or man- agement of industrial or commercial enterprises; administration of the business affairs of franchises Class 038. First use: First Use: 0 First Use In Commerce: 0 Electronic transmission of data and documents via the Internet; data transmis- sion by electronic mail; delivery of data and messages by electronic transmis- sion;providing online forums concerning meditation for the transmission of mes- sages between computer users concerning meditation; providing online forums concerningmeditation for the transmission of messages between users of mobile phones or other internet enabled devices using computer applications concern- ing meditation;transmitting audio and video data by electronic communications networks Class 041. First use: First Use: 0 First Use In Commerce: 0 Organisation of seminars in the field of meditation; conducting of instructional seminars on meditation practice; planning of meditation seminars for educational purposes; development of educational course materials for others in the fieldof meditation; conducting of educational courses in the field of meditation; teaching of meditation practices Class 044. First use: First Use: 0 First Use In Commerce: 0 Meditation services being alternative medicine services; healthcare services; provision of meditation services online, namely, providing information about al- ternative medicine online; provision of meditation services online by means of a mobile phone application, namely, providing information about alternative medi- cine online via mobile computer software applications U.S. Registration 5102782 Application Date 02/09/2015 No. Registration Date 12/20/2016 Foreign Priority NONE Date Word Mark RADIO HEADSPACE Design Mark Description of NONE Mark Goods/Services Class 038. First use: First Use: 2014/12/29 First Use In Commerce: 2014/12/29 Electronic transmission of data and documents via the Internet; data transmis- sion by electronic mail; delivery of data and messages by electronic transmis- sion;providing online forums concerning meditation for the transmission of mes- sages between computer users concerning meditation; providing online forums concerningmeditation for the transmission of messages between users of mobile phones or other internet enabled devices using computer applications concern- ing meditation;transmitting audio and video data by electronic communications networks Class 041. First use: First Use: 2014/12/29 First Use In Commerce: 2014/12/29 Organisation of seminars in the field of meditation; conducting of instructional seminars on meditation practice; planning of meditation seminars for educational purposes; development of educational course materials for others in the fieldof meditation; conducting of educational courses in the field of meditation; teaching of meditation practices Class 044. First use: First Use: 2014/12/29 First Use In Commerce: 2014/12/29 Meditation services being alternative medicine services; healthcare services; provision of meditation services online, namely, providing information about al- ternative medicine online; provision of meditation services online by means of a mobile phone application, namely, providing information about alternative medi- cine online via mobile computer software applications U.S. Registration 5555344 Application Date 01/31/2018 No. Registration Date 09/04/2018 Foreign Priority NONE Date Word Mark EVERYDAY HEADSPACE Design Mark Description of NONE Mark Goods/Services Class 009. First use: First
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