Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA535765 Filing date: 05/02/2013 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 SENSUS USA INC. Entity Corporation Citizenship Delaware Address 8601 Six Forks Road Suite 700 Raleigh, NC 27615 UNITED STATES

Attorney Roberta S. Bren information Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. 1940 Duke Street Alexandria, VA 22314 UNITED STATES [email protected], [email protected], [email protected], [email protected], [email protected] Phone:7034133000 Applicant Information

Application No 85750344 Publication date 04/02/2013 Opposition Filing 05/02/2013 Opposition 05/02/2013 Date Period Ends Applicant Liu Qiu Yan (Twain) 888-c 8th Avenue, #404 New York, NY 10019 UNITED STATES Goods/Services Affected by Opposition

Class 009. First Use: 2012/10/10 First Use In Commerce: 2012/10/10 All goods and services in the class are opposed, namely: Ad , namely, a computer server for storing advertisements and delivering advertisements to websites; Blank integrated circuit cards for recording, transmitting, and reproducing sound and images in mobile telephone services; Carrying cases for mobile computers; Cases for mobile phones; Cellular phone usage detection system comprising a camera and a signal receiving device; Communication software for providing access to the Internet; Communication software to access data stored on an oximeter and transfer data to another device; Communications computers; Communications software for connecting consumers via mobile devices; Compiler software; Computer aided design (CAD) software for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Computer anti-virus software; Computer application software for mobile phones, namely, software for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like delivered to mobile devices.; Computer application software for mobile devices, namely, software for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like delivered.; Computer chipset for use in transmitting data to and from a central processing unit; Computer communications software to allow customers to access bank account information and transact bank business; Computer database management software for use in personalizing the content of e-mail communications; Computer e-commerce software to allow users to perform electronic business transactions via a global computer network; Computer game programmes; Computer game programmes downloadable via the Internet; Computer game programs; Computer game software; Computer game software downloadable from a global computer network; Computer game software focusing on achieving a set of goals, positions, ownership, and credentials, and professional and social status, and good fortune necessary to succeed professionally and personally, and not referring either to a group of software for use in commerce or to a group of offices; Computer game software for gaming machines including slot machines or video lottery terminals; Computer game software for gaming machines, namely, slot machines and video lottery terminals; Computer game software for personal computers and home video game consoles; Computer game software for use on mobile and cellular phones; Computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Computer graphics software; Computer hardware and computer software for retail inventory management, sold as a unit; Computer hardware and computer software programs for the integration of text, audio, graphics, still images and moving pictures into an interactive delivery for multimedia applications; Computer hardware and software for medical imaging apparatus; Computer hardware and software for processing digital music files; Computer hardware and software for setting up and configuring local area networks; Computer hardware and software for setting up and configuring wide area networks; Computer hardware and software sold as a unit for testing of embedded computer systems; Computer hardware and software system for remotely monitoring environmental conditions and controlling devices within a building, facility, grounds, or designated spatial area; Computer hardware and software system for tracking people, objects and pets using GPS data on a device on the tracked people, objects and pets; Computer hardware and software systems for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Computer hardware and software used for the control of voice controlled information and communication devices; Computer hardware and software, for use with medical patient monitoring equipment, for receiving, processing, transmitting and displaying data; Computer interface boards; Computer keypads; Computer memories; Computer mouse, namely, touchpads; Computer operating programs; Computer operating programs, recorded; Computer operating recorded programs; Computer operating software; Computer operating systems; Computer programs for connecting remotely to computers or computer networks; Computer programs for editing images, sound and video; Computer programs for pre-recorded games; Computer programs for processing digital music files; Computer programs for searching remotely for content on computers and computer networks; Computer programs for searching the contents of computers and computer networks by remote control; Computer programs for the enabling of access or entrance control; Computer programs for user interface design; Computer programs for using the internet and the world wide web; Computer programs for using the internet and the worldwide web; Computer programs for video and computer games; Computer programs for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Computer programs used for electronic cash register systems; Computer search engine software; Computer software and computer hardware for use in language localization, by means of language translation, subtitling, dubbing, closed captioning and teletext for feature films, television programs, videos and digital media in general; Computer software and firmware for games of chance on any computerized platform, including dedicated gaming consoles, video based slot machines, reel based slot machines, and video lottery terminals; Computer software and firmware for operating system programs; Computer software and firmware for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Computer software and hardware for disseminating advertising for others on employee earnings and third party paper payroll stubs and checks and on electronic payroll payments; Computer software development tools; Computer software featuring musical sound recordings and musical video recordings; Computer software for accessing information directories that may be downloaded from the global computer network; Computer software for administration of computer local area networks; Computer software for administration of computer networks; Computer software for application and database integration; Computer software for communicating with users of hand-held computers; Computer software for computer system and application development, deployment and management; Computer software for controlling and managing access server applications; Computer software for controlling and managing patient medical information; Computer software for controlling self-service terminals; Computer software for controlling the operation of audio and video devices; Computer software for creating and editing music and sounds; Computer software for creating searchable databases of information and data; Computer software for encryption; Computer software for interpretation of neuro and brain scans provided by diagnostic imaging equipment; Computer software for manipulating digital audio information for use in audio media applications; Computer software for organizing and viewing digital images and photographs; Computer software for processing digital images; Computer software for processing digital music files; Computer software for providing an on- line database in the field of transaction processing to upload transactional data, provide statistical analysis, and produce notifications and reports; Computer software for redistricting, namely, aggregating smaller geographical areas into multiple larger areas; Computer software for scientific analysis of genetic sequences; Computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information; Computer software for the creation of firewalls; Computer software for the databasing, visualization, manipulation, virtual reality immersion and integration of geographic information with on-line member communities; Computer software for the field of warehousing and distribution, to manage transactional data, provide statistical analysis, and produce notifications and reports; Computer software for the management of commercial printing companies in the field of cost estimating, production planning, scheduling production, binding, shipping and analysis of the printing job; Computer software for use in customer relationship management (CRM); Computer software for use in relation to digital animation and special effects of images; Computer software for use in the encryption and decryption of digital files, including audio, video, text, binary, still images, graphics and multimedia files; Computer software for use in the safeguarding of digital files, including audio, video, text, binary, still images, graphics and multimedia files; Computer software for wireless content delivery; Computer software for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like that may be downloaded from a global computer network; Computer software platforms for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Computer software that allows people or organizations to create a voting event, vote on the issue, change their vote at will and track the input and display it in a unique graphical way; Computer software that assists computers in deploying parallel applications and performing parallel computations; Computer software that provides real-time, integrated business management intelligence by combining information from various databases and presenting it in an easy- to-understand user interface; Computer software that provides web-based access to applications and services through a web operating system or portal interface; Computer software to automate data warehousing; Computer software to control and improve computer and audio equipment sound quality; Computer software to enable the transmission of photographs to mobile telephones; Computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures; Computer software to maintain and operate computer system; Computer software, namely, an application allowing sales and field service employees to update and receive data stored in an enterprise's computer databases in real time, using a , with full telephony integration with the telephone and/or software features of the mobile device; Computer software, namely, electronic financial platform that accommodates multiple types of payment and debt transactions in an integrated mobile phone, PDA, and web based environment; Computer software, namely, game engine software for video game development and operation; Computer software, namely, software development tools for the creation of mobile internet applications and client interfaces; Computer stands specially designed for holding a computer, printer and accessories; Computer storage devices, namely, high-speed storage subsystems for storage and backup of electronic data either locally or via a telecommunications network; Computer-gaming software; Consumer coupons downloaded from a global computer network; Data compression software; Database management software for surveys of consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like; Desktop publishing software; Devices for hands-free use of mobile phones; Digital entertainment systems for watching, storing and sharing digital content on a network; Digital trading cards in the nature of multimedia software recorded on magnetic media featuring surveys of consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Digital video recording software for IP (Internet protocol) video surveillance; Downloadable computer game programs; Downloadable computer game software via a global computer network and wireless devices; Downloadable computer graphics; Downloadable computer programs featuring positionable game piece figures for use in the field of computer games; Downloadable computer software for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Downloadable computer software in the field of memory training activities sold as a unit with positionable figures; Downloadable electronic data files and databases, namely, business and tax forms, for use with computer software; Downloadable geographic information system (GIS) software; Downloadable graphics featuring surveys of consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like for use on computers and mobile devices.; Downloadable graphics for mobile phones; Downloadable images in the field of surveys of consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like delivered for mobile phones; Downloadable ring tones and graphics for mobile phones; Downloadable ring tones for mobile phones; Downloadable ring tones, graphics and music via a global computer network and wireless devices; Downloadable software for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Downloadable software in the nature of a mobile application for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Downloadable virtual goods, namely, computer programs featuring surveys of consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like. for use in online virtual worlds; Electronic game software; Electronic game software for cellular telephones; Electronic game software for handheld electronic devices; Electronic game software for wireless devices; Electronic software updates, namely, downloadable computer software and associated data files for updating computer software in the fields of surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like, provided via computer and communication networks; Encoded electronic chip cards for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Enterprise software in the nature of a database for non- transactional data and a search engine for database content; Fitted plastic films known as skins for covering and providing a scratch proof barrier or protection for electronic devices, namely, MP3 players, mobile telephones, smart telephones, digital cameras, global positioning systems and personal digital assistants; Game software; Graphical user interface software; Handheld computers; Handheld personal computers; Hands free devices for mobile-phones; Hardened units composed of microprocessors and integrated transmitters and receivers installed in the field and on board both mobile and stationary equipment in large scale mining, construction, and industrial operations to collect data from various applications, to transmit the data to central processing facilities, and to receive data transmissions directed to the applications and equipment; Headsets for cellular or mobile phones; Headsets for mobile telephones; Input devices for computers; Interactive game software; Interactive multimedia computer game programs; Interactive multimedia computer program for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Interfaces and peripheral devices for computers; Keyboards for mobile phones; Machine readable computer programs for use in the reproduction of music; Memories for use with computers; Mobile computers; and operating platforms consisting of data transceivers, wireless networks and gateways for collection and management of data; Mobile data receivers; Mobile data terminal (MDT); Mobile phone straps; Mobile phones; Mobile radios; Mobile telephone accessories, namely, belt clips; Mobile telephones; Music-composition software; Navigational instruments for vehicles; ; Notebook computers; Operating and user instructions stored in digital form for computers and computer software, in particular on floppy disks or CD-ROM; Pattern recognition systems composed of computer chips, computer hardware and software; Personal digital assistant computers; Security devices, namely, mobile image projection device for displaying retinal images; Software for configuring, quoting and ordering electrical distribution products; Software for ensuring the security of electronic mail; Software for medical imaging equipment, namely, for interpreting the results of CT scanners; Software for monitoring and controlling communication between computers and automated machine systems; Software for optical character recognition; Software for processing images, graphics and text; Software for the operational management of portable magnetic and electronic cards; Software programmable microprocessors; Software to control and improve audio equipment sound quality; Speech recognition software; Spreadsheet software for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Straps for mobile phones; Video and computer game programs; Virtual reality game software; Virtual reality software for surveying consumer preferences, consumer input and past consumer purchases to make recommendations for new goods and services the consumer may like.; Web site development software; Wireless digital electronic apparatus to secure and protect data and images on all forms of wireless equipment including mobile telecommunications equipment using an automatic synchronization process and alarm notification of the loss or theft of the wireless equipment including mobile telecommunications equipment Grounds for Opposition

Priority and likelihood of confusion Trademark Act section 2(d) Torres v. Cantine Torresella S.r.l.Fraud 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986) Other non-use of mark Marks Cited by Opposer as Basis for Opposition

U.S. Registration 1744309 Application Date 04/13/1990 No. Registration Date 01/05/1993 Foreign Priority NONE Date Word Mark SENSUS Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 1989/10/13 First Use In Commerce: 1989/10/13 water meters and electronic instrumentation for reading and collecting water meter consumption

U.S. Registration 3892000 Application Date 10/26/2009 No. Registration Date 12/21/2010 Foreign Priority NONE Date Word Mark SENSUS Design Mark Description of The mark consists of the word "SENSUS" with 3 bars over the letter "E". Mark Goods/Services Class 009. First use: First Use: 2009/06/15 First Use In Commerce: 2009/06/15 Water, gas and electric meters, and systems for communications therewith consisting primarily of servers, software and transceivers and associated wireless communication and control devices

Attachments 85750344-Opposition.pdf ( 30 pages )(1278479 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 /roberta s. bren/cli/ Name Roberta S. Bren Date 05/02/2013