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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA993665 Filing date: 08/08/2019

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 Robert E Spurlock Jr. Granted to Date 08/10/2019 of previous ex- tension Address 3405 WHITE OAK DRIVE RICHARDSON, TX 75082 UNITED STATES

Correspondence RYAN A STARNES information LIBBY SPARKS WILLIS STARNES PLLC 5950 BERKSHIRE LANE SUITE 200 DALLAS, TX 75225 UNITED STATES [email protected], [email protected], [email protected] 2143902300

Applicant Information

Application No 88007574 Publication date 06/11/2019 Opposition Filing 08/08/2019 Opposition Peri- 08/10/2019 Date od Ends Applicant LineSider Brewing Company, LLC 1485 South County Trail, Unit #1 East Greenwich, RI 02818 UNITED STATES Goods/Services Affected by Opposition

Class 025. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: , short-sleeved t- and long- sleeved t-shirts, , winter hats, beanies, sweatshirts, tank tops, button down 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 5560890 Application Date 02/07/2018 No. Registration Date 09/11/2018 Foreign Priority NONE Date Word Mark GET YOUR BEER ON Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2016/12/15 First Use In Commerce: 2016/12/15 A-shirts; Adult novelty gag item, namely, ; After ski ; Americ- an football bibs; Anglers' ; Ankle boots; Ankle socks; Anklets; Anoraks; Anti-perspirant socks; Anti-sweat underclothing; Anti-sweat underwear; Apparel for dancers, namely, tee shirts, sweatshirts, pants, , and jackets; Apres-ski shoes; ; Aqua shoes; Artificial flower headdresses; Ascots; Ath- letic apparel, namely, shirts, pants, jackets, , hats and , athletic uni- forms; Athletic footwear; Athletic footwear for leisure and sporting use; Athletic jackets; Athletic pants; Athletic shirts; Athletic shoes; Athletic shorts; Athletic ; Athletic ; Athletic ; Athletic tops and bottoms for sporting and leisure use; Athleticuniforms; Baby ; Baby bottoms;Baby doll pyja- mas; Baby layettes for clothing; Baby tops; Ball ; Ballet shoes; Ballet - pers; Balloon pants; Ballroom dancing shoes; Ballroom dancing ; Bandanas; tops; Barber smocks; Baseball caps; Baseball caps and hats; Baseball shoes; Baseball uniforms;Baselayer bottoms; Baselayer tops; Basketball ; Bath ; Bath ; Bath ; Bathing caps; Bathing ; Bathing costumes for women; Bathing ; Bathing suits for men; Bathing trunks; ; Beach cover-ups; Beach coverups; Beach foot- wear; Beach shoes; Beachwear; Beanies; Bed jackets; Belts; Belts for clothing; Belts made fromimitation leather; Belts made of leather; Belts made out of cloth; Belts of textile; ; ; Bib ; Bib overalls for hunting; Bib shorts; Bib tights; Bibs for babies, sleeved, not of paper; Bibs not of cloth or paper; Bibs, not of paper; Bicycle gloves; Bicycling gloves; ; ; ; Board shorts; Boas; Boat shoes; ; Bodies being underclothing; Body linen; Body ; Body suits; Bodysuits; Boleros; Bolo ties; Bomber jackets; Bonnets; cuffs; Boot uppers; Booties; Boots; Boots for motorcyc- ling; Boots for sport; Bottoms as clothing; Bottoms as clothing for athletic and casual; Bow ties; Bowling shoes; Boxer ; Boxershorts; Boxing shoes; Box- ing shorts; ; ; Brassieres; ; Breeches for wear; Bridal ; Bridesmaid ; Briefs; Briefs as underwear;Bucket caps; Business wear, namely, suits, jackets, , blazers, blouses,shirts, skirts, dresses and footwear; ; holder for (obiage); for obi- knots (obiage-shin); Button down shirts; Caftans; Camisettes; ; Cam- ouflage gloves; Camouflage jackets; Camouflage pants; Camouflage shirts; Camouflage vests; Camp shirts; Canvas shoes; peaks; Cap visors; - lets; ; Capes for use in salonsand barber shops; ; Capris; Caps being headwear; Caps with visors; Cardigans; ; Chappals; ; Chef ; Chef hats; Chef pants; Chef shirts; Children's and infant's apparel,namely, jumpers, overall sleepwear, , rompers and one-piece garments; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's andinfants' cloth bibs; Children's cloth eating bibs; Children's head- wear; Children's underwear; Choir robes; Clam diggers; boots; Climb- ing footwear; Climbing shoes; Cloth bibs; Cloth bibs for adult diners; Clothing for athletic use,namely, padded pants; Clothing for athletic use, namely, padded shirts; Clothing for athletic use, namely, padded shorts; Clothing for babies, tod- dlers and children, treated with fire and heat retardants, namely, pajamas, jack- ets, shirts, pants, jumpers; Clothing items, namely, adhesive pockets that may be affixed directly to the body as a decorative piece of clothing with utility; Cloth- ing items, namely, adhesive pockets that may be affixed directly to the inside of clothing for storage and safekeeping of personal items; Clothing items, namely, blindfolds worn over the eyes; Clothing layettes; Clothing wraps; Clothing, namely, armwarmers; Clothing, namely, athletic sleeves; Clothing, namely, base layers; Clothing, namely, cowls and smoke ring ; Clothing, namely, crops; Clothing, namely, hand-warmers; Clothing, namely, khakis; Clothing, namely, knee warmers; Clothing, namely, maternity bands; Clothing, namely, neck tubes; Clothing, namely, neck warmers; Clothing, namely, thobes; Cloth- ing, namely, -arounds; Coats; Coats for men and women; Coats made of- ; Coats of ; Cobblers' aprons; Collar guards for protecting clothing- collars; Collar liners for protecting clothing collars; Collar protector pads for ap- plication to clothing collars; Collared shirts; Collars; Combative sports uniforms; Combinations; Competitors' numbers of textile; Corduroy pants; Corduroyshirts; Corduroy trousers; ; being clothing; Costumes for use in role- playing games; Costumes for use in the amusement industry; Coveralls; Coverups; Cravates; Cravats; Creepers; sweaters; Crew necks; Crop pants;Crop tops; Cross-country gloves; Cross-country mittens; Cuffs; Cummer- bunds; Custom made to measure suits for men and women; Cycling bib shorts; Cycling caps; Cycling shoes; ; Cyclists' jerseys; Dance costumes; Dance pants; Dance shoes; Deck-shoes; Denim jackets; Denim ; Denim pants; ; Detachable collars; Detachable neckpieces for (haneri); Do rags for use as headwear; Down jackets; Down suits; pants; Dress shields; Dress shirts; Dress shoes; Dress straps; Dress suits; Dresses; Dresses for leisure and dinner; Dresses made from skins; Dresses that may alsobe used as towels; Dressing gowns; Dressing gowns and bath robes; Driving gloves; Dry suits; Duffle coats; Dungarees; Dust coats; Ear bands; Ear muffs; Ear warmers; Earbands; Earmuffs; Esparto shoes or sandals; Eternity scarves; European foot- ball bibs; Evening coats; Evening gowns; Eyeshades as headwear; Fabric belts;Fascinator hats; hats; ;Fight shorts for mixed martial arts or grappling; Fingerless gloves; Fingerlessgloves as clothing; Fishermen's jack- ets; Fishing shirts; Fishing vests; Fishingwaders; Fitted or boot covering to- protect the shoes or boot from water orother damage; Fitted swimming cos- tumes with cups; Fleece bottoms; Fleece pullovers; Fleece shorts; Fleece tops; Fleece vests; Flight suits; Flip flops; Flood pants; Foam pedicure slippers; Foot volleyball shoes; Football boots; Football shoes; Footies; Footwear; Foot- wear; Footwear for men; Footwear for men and women; Footwear for track and field athletics; Footwear for women; Footwear made ofvinyl; Footwear made of wood; Footwear not for sports; Footwear uppers; Footwear, namely, rubbers; Footwear, namely, work boots; Formalwear, namely, dresses, gowns, tuxedos, dinner jackets, trousers and footwear; Foul weather gear; Foundation garments; Foundation garments worn around the midsection or thighs to keep the stomach in and create a slimming effect; Full-length kimonos (nagagi); Fur ; Fur coats and jackets; Fur hats; Fur jackets; Fur muffs; Fur stoles; Furs being cloth- ing; G-strings; Gaiter straps; ; Gaiters of leather; ;Garrison caps; belts; Garters; Gauchos; Gift packages sold as a unit consisting primarily of a sweatshirt and also including a photo frame, a coffee mug, and a tote bag; Gloves; Gloves as clothing; Gloves for apparel; Gloves for personal hand conditioning use; Gloves including those made of skin, hide or fur; Gloves with conductive fingertips that may be worn while using handheld electronic touch screen devices; Golf caps; Golf pants, shirts and skirts; Golf shirts; Golf shoes; Golf shorts; Golf spikes; Golf trousers; Goloshes; Graphic T-shirts; ; Gym pants; ; Gym suits; Hairdressing capes; Half-boots; Halloween costumes; Halloween costumes andmasks sold in connection there- with; Halter tops; Handball shoes; bands; Hatframes; Hat liners; Hats; Hats for infants, babies, toddlers and children; Headscarves; Head sweatbands; Head wear; Head wraps; ; Headbands against sweating; Headbands for clothing; Headwear; Headwear, namely, hats, caps, beanies, visors, bandanans, skull caps; Heavy coats; Heavy jackets; Heel pieces for shoes; Heelpieces for stockings; Heels; liners being headwear; boots;Hiking jackets; Hiking trousers; Hip-guards especially made for fishing; Hoodedpullovers; Hooded sweat shirts; Hooded sweatshirts; ; Hoods; Hoods; Horse-riding boots; Horse-riding pants; ; Hunting boot bags; Hunting boots; Hunting jackets; Hunting pants; Hunting shirts; Hunting vests; Infant and toddlerone piece clothing; Infant sleepers; Infant wear; Infant wearable blankets; Infantwear; Inner soles; Insoles; liners; Jackets; Jackets and socks; Jackets made in whole or in substantial part of fabric, cotton, denim, silk, poly blends; Jeans; Jeg- gings; Jeggings, namely, pants that are partially jeans and partially leggings; Jerseys; Jogging outfits; Jogging pants; Jogging suits; Jump suits; Jumpers; ; Kaftans; Kilts; Kippahs (yarmulkes); Knee-high stockings; Knickers; Knit bottoms; Knit dresses; Knit face masks; Knit jackets; Knit shirts; Knit skirts; Knit tops; Knitted caps; Knitted gloves; Knitted underwear; Knitwear, namely, beanies; Knot caps; Knottedcaps; Korean outer jackets worn over basic gar- ment; Korean topcoats; Lab coats;Lace boots; Ladies' boots; Ladies' suits; Ladies' underwear; Leather belts; Leather boots; Leather coats; Leather har- nesses worn by people as clothing; Leatherhats; Leather headwear; Leather jackets; Leather pants; Leather shirts; Leathershoes; Leather skirts; Leather slip- pers; Leather vests; Leg shapers; Leg shielding device, attachable to and de- tachablefrom a person's pants, comprised of padding to shield the legs from fly- ing debris when mowing with a string trimmer; Leg warmers; Leg-warmers; Leg- gings; Leisure shoes; Leisure suits; ; Leotards and tights for women, men and children of nylon, cotton or other textile fibers; Light-reflecting coats; Light-reflecting jackets; ; Lingerie accessories, namely, removable silic- one breast enhancer pads used in a bra; Loafers; Long jackets; Long johns; Long sleeve pullovers; Long sleeved vests; ; Long-sleeved shirts; Lounge pants; Loungewear; Maillots; Mantillas; Mantles; Mantles; Martial arts uniforms; Masquerade costumes; Masquerade costumes and masks sold in connection therewith; , namely, women shorts, skirts, tops; Maternity leggings, namely, leggings featuring built-in maternity bands; Maternity lingerie; Maternity sleepwear; Men's ; Men's socks; Men'ssuits; Men's suits, women's suits; Men's underwear; ; Mittens; Mittens modi- fied to cover the hand and an animal leash handle or other loop; Mixed martial arts suits; ; Mock turtle-neck sweaters; Mocknecks; Moisture-wicking sports bras; Moisture-wicking sports pants; Moisture-wicking sports shirts; Money belts; Morning coats; Motorcycle gloves; Motorcycle jackets; Motorcycle rain suits; Motorcyclist boots; boots; Mountaineering shoes; Mufflers as neck scarves; Muffs; Mules; Muscle tops; Neck bands; Neck gaiters; Neck scarfs; Neck scarves; Neckerchiefs; ; Neckties made in whole or in substantial part of fabric, silk, and blends; ; Night shirts; Nightcaps; Nightdresses; ; Nighties; ; ; Nipple covers, namely, pasties; Non-disposable cloth training pants; Non-slip socks; Non-slip soles for footwear; Non-slip soles for footwear, namely, for tennis shoes, running shoes, golf shoes; Nurse dresses; Nurse overalls; Nurse pants; One piece garmentfor infants and toddlers; One-piece garments for children; One-piece play suits; Open-necked shirts; Outdoor gloves; Outdoor mittens; Outer jackets; Outerwear,namely, ski and snow pants, jackets, gloves and hats; Over coats; Over shirts; Over-trousers; Overalls; Overalls for use in salons and barber shops; ;Overshoes; Oxford shoes; Padded jackets; Padding jackets; Pajama bottoms; Pajamas; Pajamas treated with fire and heat retard- ants; ; Panties, shorts and briefs; Pants; Paper aprons; Paper hats for use as clothing items; Paper shoes used when going through metal detectors to keep feet and socks clean; ; Pashmina ; ; Pedicure sandals; Perspiration absorbent strap to be used in the bill of a hat; Perspiration absorbent underwear clothing; Petti-pants; ; Pinnies in the nature of scrimmage vests for use in sports; Plastic aprons; Platform shoes; Play suits;; Pocket squares; Pockets forclothing; Polo knit tops; Polo shirts; ; Posing suits for bodybuilding competitions; Protective neck and arm guards made of neoprene or other materials to prevent chafing; Pullovers; Pyjamas; Quilted vests; Race number beltsthat hold a paper number on the race participant's front or back during competition; Rain boots; Rain coats; Rain hats;Rain jackets; Rain slickers; Rain suits; Rain trousers; Rain wear; ; Rainproof jackets; Rainwear; Rash guards;Ready-made linings being parts of clothing; Reversible jackets; Riding boots; Riding coats; Riding gloves; Riding jackets; Riding shoes; Robes; Rompers; Rubberand latex cos- tumes for use in the fashion industry; Rubber shoes; Rubbers; Rugby shirts; Rugby shoes; Rugby shorts; Rugby tops; Running shoes; Running suits; Safari jackets; Sailor suits; -; Sandals; Sandals and beach shoes; ; ; Sashes for wear; Scarfs; Scarves; ; Shampoo capes; Shapewear; Shawls; Shawls; Shawls and headscarves; Shawls and stoles; Sheepskin coats; Sheepskin jackets; Shell jackets; Shifts as clothing; fronts; Shirt yokes; Shirts; Shirts and short-sleeved shirts;Shirts for infants, ba- bies, toddlers and children; Shirts for suits; Shoe accessories, namely, fitted decorative coversfor shoes; Shoe covers for use when wearing shoes; Shoe in- serts for primarily non-orthopedic purposes; Shoe liners; Shoe soles; Shoe soles for repair; Shoe straps; Shoe uppers; Shoes; Shoes featuringcanvess, leather and fabric; Shoes withhook and pile fastening tapes; Short sets; Short trousers; Short-sleeve shirts;Short-sleeved or long-sleeved t-shirts;Short-sleeved shirts; Shortalls; Shorts; Shoulder scarves; Shoulder wraps; Shoulder wraps for cloth- ing; Shower caps; Silk scarves; Singlets; Skating outfits; Ski and snowboard shoes and parts thereof; Ski bibs; bags; Ski boot cases; Ski boots; Ski gloves; Ski jackets; Ski masks; Ski pants; Ski suits; Ski suits for competition; Ski trousers; Ski wear; Skiing shoes; Skirts; Skirts and dresses; Skiwear; Skooters; ; Skull caps; Skullies being headwear; Slacks; Sleep masks; Sleep pants; Sleep shirts; Sleeping garments; Sleepwear; Sleepwear treated with fire and heat retardants; Sleeved or sleeveless jackets; Sleeveless jerseys; Sleeves worn separate and apart from blouses, shirts and other tops; Sliding shorts; Sli- povers; socks; Slipper soles; Slippers; Slips being underclothing; Small hats; Smocks; Smoking jackets; Snap crotch shirts for infants and toddlers; Sneakers; Snow boarding suits; Snow boots; Snow pants; Snow suits; Snow- board boot liners; Snowboard boots; Snowboard gloves; Snowboard jackets; Snowboard mittens; Snowboard pants; Snowboard trousers; Soccer bibs; Soc- cer boots; Soccer shoes; ; Socks; Socks and stockings; Soles; Soles for footwear; Soles for Japanese style sandals; ; Sport coats; Sport shirts; Sport stockings; ; Sports bras; Sports caps and hats; Sports jackets; Sports jerseys; Sports jerseys and breeches forsports; Sports over uni- forms; Sports overuniforms; Sports pants; Sports shirts;Sports shirts with short sleeves; Sports shoes; Sports singlets; Sports vests; caps; Stocking hats; Stocking suspenders; Stockings; Strapless brassieres; Straps for bras; Stretch pants; Stuff jackets; Suede jackets; coats; Suits of leather; Sun leg- gings; Sun sleeves; Sun visors being headwear; ; Sunsuits; Surf wear; Suspender belts; Suspender belts for men; Suspender beltsfor women; Suspenders; Suspenders; Sweat bands; Sweat jackets; Sweat pants; Sweat shirts; Sweat shorts; Sweat suits; Sweat-absorbent socks; Sweat-absorbent stockings; Sweat-absorbent underclothing; Sweat-absorbent underwear; Sweat- bands; Sweaters; ; Sweatshirts; Sweatsocks; Sweatsuits; Swim caps; Swim suits; ; Swim wear; Swim wear for gentlemen and ladies; Swimming caps; Swimming caps; Swimming costumes; Swimming trunks; ; Swimwear; T-shirts; Tabards; Tams; Tank tops; Tank-tops; Tankinis; ; Tap shoes; Teddies being underclothing; Tee shirts; Tee- shirts; Tennis shoes; Tennis wear; Thermal socks;Thermal underwear; Thigh high stockings; beachwear; Thong footwear; Thongsandals; Thong un- derwear; Ties as clothing; Tights; Toboggan hats; Toboggan hats, pants and caps; Toe boxes; Toe caps; Togas; coats; Top hats; Topcoats; Tops as clothing; Tops as clothing for athletic, leisure and dress; Track and field shoes; Track jackets; Track pants; Track suits; Tracksuits; Training shoes; Training suits; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a or ; Trekking boots; Trekking jackets; Trekking trousers; Trench coats; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Trouser socks; Trouser straps; Trousers; Trousersfor sweating; Trousers of leather; Trunks; Tube dresses; Tube skirts; Tube tops; Tunics; Tuques; Turtle neck shirts; Turtleneck pullovers; Turtleneck sweaters;Turtlenecks; Tuxedo belts; Tuxedos; Under gar- ments; Underclothes; Underclothing; accessories, namely, re- movable silicone buttock enhancer pads; ; Undergarments, namely, waspies; ; ; Underwear;Underwear, namely, boy shorts; Uniforms; Union suits; Unitards; V-neck sweaters; Vest extenders; Ves- ted suits; Vests; Vests for use in barber shops and salons;Visors being head- wear; Volleyball jerseys; Volleyball shoes; bands; Waistband extender consisting of a button andbutton hole mounted on a strip of fabric that is inserted into the existing waistband of a garment; ; Walkingshorts; Warm up outfits; Warm up suits;Warm-up suits; Water repelling boots; Water repelling footwear; Water repellingleather boots; Water repelling leather shoes and boots; Water socks; Waterproofboots; Waterproof footwear; Waterproof jackets and pants; Waterproof leather boots; Waterproof leather shoes; Waterproof leather shoes and boots; Waterskiing suits; Wearable blankets in the nature ofblankets with sleeves; Wearable computers in the nature of activity trackers sold as integral components of running shoes; Wedding garters; Wellington boots; Wet suit gloves; Wet suits; Wet suits forwater-skiing; Wet suits for water-skiing and sub-aqua; ; Wetsuits for surfing; Wetsuits for water-skiing; Wind coats; Wind pants; Wind resistant jackets; Wind shirts; Wind suits; Wind vests; Wind- jackets; Wind-resistant vests; ; Windcheaters; Windjammers; Windshirts; Winter boots; Winter coats; Women's athletic tops with built-in bras; Women's clothing, namely, shirts, dresses, skirts, blouses; Women's hats and hoods; Women's shoes; Women's tops, namely, camis; Women's underwear; Wooden clogs; Wooden shoes; Woollen socks; Woollen tights; Woolly hats; Work shoes and boots; Working overalls; Woven bottoms; Woven dresses; Woven or knitted underwear; Woven skirts; Woven tops; Wraparound skirts;Wrist bands as clothing; as clothing; Wristbands containing a cooling substance to cool the wearer; ; Yoga shirts

U.S. Registration 5561223 Application Date 04/09/2018 No. Registration Date 09/11/2018 Foreign Priority NONE Date Word Mark GET YOUR CRAFT BEER ON Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2016/12/15 First Use In Commerce: 2016/12/15 A-shirts; Adhesive bras; Adult novelty gag clothing item, namely, socks; After ski boots; Aikido uniforms; Albs; American football bibs; Anglers' shoes; Ankle boots; Ankle socks; Anklets; Anoraks; Anoraks; Anti-perspirant socks; Anti- sweatunderwear; Apparel for dancers, namely,tee shirts, sweatshirts, pants, leg- gings, shorts and jackets; Apres-ski shoes; Aprons; Aqua shoes; Artificial flower headdresses; Ascots; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic footwear; Athletic footwear for golf, football, running, tennis, baseball; Athletic jackets; Athletic pants; Athletic shirts; Athletic shoes; Athletic shorts;Athletic skirts; Athletic sweaters; Athletic tights; Athletic tops and bottoms for men, boy; Athletic uniforms; Babies'pants; Babies' trousers; Babushkas; Baby bibs not of paper; Baby bodysuits; Baby bottoms; Baby doll pyjamas; Baby layettes for clothing; Baby tops; Balaclavas;Ball gowns; Ballet shoes; Ballet slippers; Balloon pants; Ballroom dancing shoes; Ballroom dancing uniforms; Bandanas; Bandeau tops; Bandeaux; Barber smocks; Base- ball caps; Baseball caps and hats; Baseball shoes; Baseball uniforms; Baselay- er bottoms; Baselayer tops; Basketball sneakers; Bath robes; Bath sandals; Bath slippers; Bathing caps; Bathing costumes; Bathing costumes for women; Bathing suits; Bathing suits for men; Bathing trunks; Bathrobes; Beach cover- ups; Beach coverups; Beach footwear; Beach shoes; Beachwear; Beanies; Bed jackets; Belts; Belts for clothing; Belts made from imitation leather; Belts made of leather; Beltsmade out of cloth; Belts of textile; Belts that are designed to ac- commodate pregnancy size changes; Berets; Bermuda shorts; Bib overalls; Bib overalls for hunting; Bib shorts; Bib tights; Bibs for babies, sleeved, not of paper; Bibs not ofcloth or paper; Bibs not of paper; Bibs, not of paper; Bicycle gloves; Bicycling gloves; Biketards; Bikinis; Birding vests; Blazers; Bloomers; Blouses; Blousons; Blue jeans; Board shorts; Boas; Boat shoes; Boat socks; Boaters; ; Bodies being underclothing; Body linen; Body shapers; Body shirts; Body stockings; Body suits; Body suits for men, boy; Bodysuits; Boleros; Bolo ties; Bomber jackets; Bonnets; Boot accessories, namely, fitted decorative cov- ers for boots; Boot cuffs; Boot uppers; Booties; Boots; Boots for motorcycling; Boots for sport; Bottoms as clothing; Bottoms as clothing for men, boy; Bow ties; Bowling shoes; ; ; Boxing shoes; Boxing shorts; Bra strap cushions; Bra strap pads; Braces as suspenders; Bralettes; Bras; Brassi- eres; Breeches; Breeches for wear; Bridal garters; Bridesmaid dresses; Briefs; Briefs as underwear; Brogue shoes; Bucket caps; Business wear, namely, suits, jackets, trousers, blazers, blouses, shirts, skirts, dresses and footwear; Bustiers; Bustle holder bands forobi (obiage); Bustles for obi-knots (obiage-shin); Button down shirts; Button-front aloha shirts; Caftans; ; Camisettes; Cam- isoles; Camouflage gloves; Camouflage jackets; Camouflage pants; Camouflage shirts; Camouflage vests; Camp shirts; Canvas shoes; Cap peaks; Cap visors; Capelets; Capes; Capes for use in salons and barber shops; Capri pants; Capris; Caps being headwear; Caps with visors; Cardigans; Cargo pants; Cas- socks; Cat suits; ; Chappals; Chaps; Chasubles; Chef coats; Chef hats; Chef pants; Chef shirts; ; Chemisettes; Cheongsams (Chinese gowns); Children's andinfant's apparel, namely, jumpers, overall sleepwear, pa- jamas, rompers and one-piece garments; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' cloth bibs; Children's cloth eating bibs; Children'sheadwear; Children's underwear; Choir robes; Clam diggers; Climbing boots; Climbing footwear; Climbing shoes; Cloaks; Clogs; Cloth bibs; Cloth bibs for adult diners; Cloth bibs for use by senior citizens or physically- or mentally-challenged persons; Clothing extenders for waistbands; Clothing extension used to extendthe normal size range of clothing itemsto ac- commodate pregnancy size changes; Clothing for athletic use, namely, padded pants; Clothing for athletic use, namely, padded shirts; Clothing for athleticuse, namely, padded shorts; Clothing for babies, toddlers and children, treatedwith fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Cloth- ing for wear in judo practices; Clothing for wear in wrestling games; Clothing items, namely, adhesive pockets that may be affixed directly to the body as a decorative piece of clothing with utility; Clothing items, namely, adhesive pock- ets that may be affixed directly to the inside of clothing for storage and safe- keeping of personal items; Clothing items, namely, blindfolds worn over the eyes; Clothing items, namely, gags worn over the mouth; Clothing layettes; Clothing straps for halters; Clothing wraps; Clothing, namely, arm warmers; Clothing, namely, athletic sleeves; Clothing, namely, base layers; Clothing, namely, cowlsand smoke ring scarves; Clothing, namely, crops; Clothing, namely, folk costumes; Clothing, namely, hand-warmers; Clothing, namely, kha- kis; Clothing, namely, knee warmers; Clothing, namely, maternitybands; Cloth- ing, namely, neck tubes; Clothing, namely, neck warmers; Clothing, namely, thobes; Clothing, namely, wrap-arounds; Coats; Coats for men and women; Coats for women, girls, boys, men; Coatsmade of cotton; Coats of denim; Cob- blers' aprons; Coifs; Collar guards for protecting clothing collars; Collar liners for protecting clothing collars; Collar protector pads for application to clothing col- lars; Collar protector strips for application to clothing collars; Collaredshirts; Col- lars; Combative sports uniforms; Combinations; Competitors' numbers of textile; Corduroy pants; Corduroy shirts; Corduroy trousers; Corselets; Corsets being clothing; Corsets being foundation clothing; Corsets being underclothing; Cos- tumes for use in children's dress up play; Costumes for use in role-playing games; Costumes for use in the amusement industry; Coveralls; Coverups; Cravates; Cravats; Creepers; Crew neck sweaters; Crew necks; Crop pants; Crop tops; Cross-country gloves; Cross-country mittens; Cuffs; ; Cum- merbunds; Custom made to measure suits for men and women;Cycling bib shorts; Cycling caps; Cycling shoes; Cycling shorts; Cyclists' jerseys; Dance costumes; Dance pants; Dance shoes; Dance slippers; Deck-shoes; Denimjack- ets; Denim jeans; Denim pants; Denims; Detachable collars; Detachable neck- pieces for kimonos (haneri); Do rags for use as headwear; Down jackets; Down suits; Drawers as clothing; Dress pants; Dress shields; Dress shoes; Dress straps; Dress suits; Dresses; Dresses for women and girls; Dresses made from skins; Dresses that may also be used as towels; Dresses, namely, mini; Dress- ing gowns; Dressing gowns and bath robes; Drivers as shoes; Driving gloves; Dry suits; Duffle coats; Dungarees; Dust coats; Dusters in the nature of coats; Ear bands; Ear muffs; Ear warmers; Earbands; Earmuffs; Embossed soles and heels of rubber or of plastic materials; ; Esparto shoes or sandals; Eternity scarves; Europeanfootball bibs; Evening coats; Evening dresses; Even- ing gowns; Eyeshades as headwear; Fabric belts; Fabric sold as an integral component of finished clothing items, namely, cotton, , silk, polyester, ray- on; Fascinator hats; Fashion hats; Fedoras; Fichus; Figure skating clothing, namely, dress, pants, shirts; Fingerless gloves; Fingerless gloves as clothing; Finished textile linings for garments; Fishermen's jackets; Fishing shirts; Fishing vests; Fishing ; Fitted shoe or boot covering to protect the shoesor boot from water or other damage; Fitted swimming costumes with bra cups; Fleece bottoms; Fleece pullovers; Fleece shorts; Fleece tops; Fleece vests; Flight suits; Flip flops; Flood pants; Flower headdresses; Foot volleyball shoes; Football boots; Football boots and studs therefor; Football shoes; Football uni- forms;Footies; Footwear; Footwear; Footwear for men; Footwear for men and women; Footwear for track and field athletics; Footwear for women; Footwear made of vinyl; Footwear made of wood; Footwear not for sports; Footwear up- pers; Footwear, namely, pumps; Footwear, namely, rubbers; Footwear, namely, work boots; Formalwear, namely, dresses, gowns, tuxedos, dinner jackets, trousers and footwear; Foul weather gear; Foulards; Foundation gar- ments;Foundation garments worn around the midsection or thighs to keep the stomach inand create a slimming effect; Frocks; Full-length kimonos (nagagi); Fur cloaks;Fur coats; Fur coats and jackets; Fur hats; Fur jackets; Fur muffs; Fur stoles;Furs being clothing; G-strings; Gaberdines; Gaiter straps; Gaiters; Gaiters of leather; Galoshes; Garrison caps; Garterbelts; Garters; Gauchos; Gift pack- ages sold as a unit consisting primarily of asweatshirt and also including a photo frame, a coffee mug, and a tote bag; ; ; Gloves; Gloves as cloth- ing;Gloves for apparel; Gloves for personalhand conditioning use; Gloves includ- ingthose made of skin, hide or fur; Gloveswith conductive fingertips that may be worn while using handheld electronic touch screen devices; Golf caps; Golf cleats; Golf pants, shirts and skirts; Golf shirts; Golf shoes; Golf shorts; Golf spikes; Golf trousers; Goloshes; Gowns; Graphic T-shirts; Greatcoats; Gym boots; Gym pants; Gym shorts; Gym suits; Gymnastic shoes; Hairdressing capes; Half-boots;Halloween costumes; Halloween costumes and masks sold in connection therewith; Halter tops; Handball shoes; Hat bands; Hat frames; Hat liners; Hats; Hats for infants, babies, toddlers and children; Head scarves; Head sweatbands; Head wear;Head wraps; Headbands; Headbands against sweat- ing; Headbands for clothing; Headwear; Headwear for women, girls, boys, men; Headwear, namely, caps, hats, beanies, skull caps; Heavy coats; Heavy jackets; Heel inserts; Heel pieces for shoes; Heelpieces for footwear; Heelpieces for stockings; Heels; Helmet liners being headwear; Henley shirts; High rain clogs (ashida); Hiking boots; Hiking jackets; Hiking trousers; Hip-guards especially made for fishing; Hooded pullovers; Hoodedsweat shirts; Hooded sweatshirts; Hooded sweatshirts for men, boy; Hoodies; Hoods; Hoods; Horse-riding boots; Horse-riding pants; Hosiery; Housecoats; Hunting boot bags; Hunting boots; Hunting jackets; Hunting shirts; Hunting vests; Infantand toddler one piece cloth- ing; Infant sleepers; Infant wear; Infant wearable blankets; Infants' shoes and boots; Infants' trousers; Infantwear; Infinity scarves; Inner soles; Insoles; In- soles; Insoles for footwear; Jacket liners; Jackets;Jackets and socks; Jackets for women, girls, boys, men; Jackets incorporating backpacks; Jackets made in whole or in substantial part of wool, cotton, silk, polyester; Jandals; Japanese sleeping robes (nemaki); Japanese style clogs and sandals; Japanese style socks (); Japanese style wooden clogs (); Japanese toe-strap sandals (asaura-zori); Jeans; Jeggings; Jeggings, namely, pants that are partially jeans and partially leggings; ; Jerseys; ; Jogging outfits; Jogging pants; Jogging suits; Judo suits; Judo uniforms; Jump suits; dresses; Jumpers; Jumpsuits; Kaftans; Karate suits; Karate uniforms; Kendo outfits; Ker- chiefs; Kilts; Kimonos; ; Knee-high stockings; Knickers; Knit bottoms; Knit dresses; Knit face masks; Knit jackets; Knit shirts; Knit skirts; Knit tops; Knitted baby shoes; Knitted caps; Knitted gloves; Knitted underwear; Knitwear, namely, shirts, coats, pants, socks, jackets, sweatshirts, sweatpants, sweaters; Knot caps; Knotted caps; Korean outer jackets worn over basic garment; Korean topcoats; Lab coats; Lace boots; Ladies' boots; Ladies' suits; Ladies' underwear; Leather belts; Leather boots; Leather coats; Leather harnesses wornby people as clothing; Leather hats; Leather headwear; Leather jackets; Leather pants; Leather shirts; Leather shoes; Leather skirts; Leather slippers; Leather vests; Leg shapers; Leg shielding device, attachable to and detachable from a per- son's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Leg warmers; Leg-warmers; Leggings; Leggins; Leisure shoes; Leisure suits; Leotards; Leotards and tights for women, men and children of nylon, cotton or other textile fibers; Light-reflecting coats; Light- reflecting jackets; Lingerie; Lingerie accessories, namely, removable silicone breastenhancer pads used in a bra; Live flower headdresses; Liveries; Loafers; Long jackets; Long johns; Long sleeve pullovers; Long sleeved vests; Long un- derwear; Long-sleeved shirts; Lounge pants; Loungewear; Low wooden clogs (hiyori-geta); Low wooden clogs (koma-geta); Maillots; Maniples; Mankinis; Man- tillas; Mantles; Mantles; Martial arts uniforms; Martial arts uniforms, namely, gis; Masquerade costumes; Masquerade costumes and masks sold in connection therewith; Maternity bras; Maternity clothing, namely, pants, shorts, shirts; Ma- ternity leggings, namely, leggings featuring built-in maternity bands; Maternity lingerie; Maternity sleepwear; Men's and women's jackets, coats, trousers, vests; Men's dress socks; Men's socks; Men's suits; Men's suits, women's suits; Men's underwear; Millinery, namely, fascinators; Miniskirts; Mittens; Mittens modified to cover the hand andan animal leash handle or other loop; Mixed mar- tial arts suits; Moccasins; Mockturtle-neck sweaters; Mocknecks; Moisture-wick- ing sports bras; Moisture-wickingsports pants; Moisture-wicking sports shirts; Money belts; Morning coats; Motorcycle gloves; Motorcycle jackets; Motorcycle rain suits; Motorcyclist boots; liners; Mountaineering boots; Mountaineering shoes; Mufflers asneck scarves; Muffs; ; Mules; Muscle tops; Neck bands; Neck gaiters; Neck scarfs; Neck scarves; Neckerchiefs; ; Neckties; Neckties made in whole or in substantial part of cot- ton, silk, rayon, polyester; Neckwear; ; Night gowns; Night shirts; Nightcaps; Nightdresses; Nightgowns; Nightshirts; Nightwear; Nipple covers, namely, pasties; Non-disposable cloth training pants; Non-slip socks; Non-slip soles for footwear; Non-slip soles for footwear, namely, for walking, swimming, running; Novelty headwear with attached wigs; Nurse dresses; Nurse overalls; Nurse pants; Nurse's apparel, namely, pants, tops; Nursing apparel, namely, pants, shirts, tops;Obis; One piece garment for infants andtoddlers; One-piece garments for children; One-piece play suits; Open-necked shirts; Outdoor gloves; Outdoor mittens; Outer jackets; Outerwear, namely, coats, jackets, gloves, hats, caps, scarfs; Over coats; Over shirts; Over-trousers; Overalls; Overalls for use in salons and barber shops; Overcoats; Overshoes; Oxford- shoes; Padded elbow compression sleevessold as an integral component of ath- letic clothing, namely, ; Padded jackets; Padding jackets; Pajama bottoms; Pajamas; Pajamas for men, boy; Pantaloons;Panties; Panties, shorts and briefs; Pants; Pants for women, girls, boys, men; ; ; Paper aprons; Paper hats for use as clothing items; Paper shoes used when going through metal detectors to keep feet and socks clean; Paraments; Pareos; Pareus; Par- kas; Parts of clothing, namely, gussets for tights, gussets for stockings, gussets for bathingsuits, gussets for underwear, gussets for leotards and gussets for footlets; Parts of clothing, namely, underarm gussets; Pashmina shawls; Patient slippers; Pea coats; Peacoats; Pedal pushers; Pedicure sandals; Pedicure slip- pers; Peignoirs; Pelerines; Pelisses; Perspiration absorbent strap to be used in the bill of a hat; Perspiration absorbent underwear clothing; Petti-pants; Petti- coats; dresses; ; Pinnies in the nature of scrimmage vests for use in sports;Pique shirts; Plastic aprons; Plastic baby bibs; Plastic slippers used in the airport environment when going through security to keep feet and socks clean, dry and sanitary; Plastic socks used in the airport environment when going throughsecurity to keep feet clean, dry and sanitary; Platform shoes; Play suits; Pleated skirts for formal kimonos (); Plimsolls; Plus fours; Pocket kerchiefs;Pocket squares; Pockets for clothing; Polo knit tops; Polo shirts; Polymer custom cushioned shoe inserts for primarily non-orthopedic pur- poses; Ponchos; Posingsuits for bodybuilding competitions; Pram suits; Protect- ive metal members for shoes and boots; Protective neck and arm guards made of neoprene or other materials to prevent wetsuit chafing; Pullovers; Pumps as footwear; Puttees; Puttees and gaiters; Pyjamas; Pyjamas; Quilted vests; Race number belts that hold a paper number on the race participant's front or back during competition; Rain boots; Rain coats; Rain hats; Rain jackets; Rainslick- ers; Rain suits; Rain trousers; Rain wear; Raincoats; Rainproof jackets; Rain- wear; Ramie shirts; Rash guards; Rashvests; Ready-made linings being parts of clothing; Redingotes; Removable breastenhancer pads used in bras or swim- suits; Removable collars; Reversible jackets;Riding boots; Riding coats; Riding gloves; Riding jackets; Riding shoes; Robes;Rompers; ; Rubber and latex costumes for use in the fashion industry; Rubber shoes; Rubber soles for jikatabi; Rubbers; Rugby shirts; Rugby shoes; Rugby shorts; Rugby tops; Run- ning pads that strap onto shoes; Running shoes; Running suits; Russian felted boots (); Sabots; Safari jackets; Sailor suits; Salopettes; Sandal-clogs; Sandals; Sandals and beach shoes; Sarees; Saris; Sarongs; bands for ki- mono (obi); Sashes; Sashes for wear; Scarfs; Scarves; School uniforms; Scrim- mage vests; Scrub tops and pants not for surgical purposes; Sedge hats (suge-gasa); Serapes; Shampoo capes;Shapewear; Shapewear, namely, wo- men; Shawls; Shawls; Shawls and headscarves; Shawls and stoles; Shawls made in whole orin substantial part of cotton, polyester, rayon; Sheepskin coats; Sheepskin jackets; Shell jackets; Shifts as clothing;Shirt fronts; Shirt inserts, namely, dickies; Shirt yokes; Shirt-jacs; Shirts; Shirts and short-sleeved shirts; Shirts for infants, babies, toddlers and children; Shirts for suits; Shirts for men, boy; Shoe covers for use when wearing shoes; Shoe inserts for primarily non- orthopedic purposes; Shoe inserts for primarily non-orthopedic purposes that also deodorize shoes; Shoe liners; Shoe soles; Shoe soles for repair; Shoe straps; Shoe uppers; Shoes; Shoes featuring leather, cotton, rubber; Shoes for protection of airline passengers' feet during airport security screening; Shoes for men, boy; Shoes made in whole or in substantial part of rubber, leather for pro- tection of airline passengers' feet during airport security screening; Shoes with hook and pile fastening tapes; Short for (); Short petti- coats; Short sets; Short trousers; Short-sleeve shirts; Short-sleeved or long- sleeved t-shirts; Short-sleeved shirts; Shortalls; Shorts; Shorts for men, boy; Shoulder scarves; Shoulder wraps; Shoulder wraps for clothing; Shower caps; Shrugs; Silk scarves; Singlets; Skapris; Skating outfits; Ski and snowboard shoes and parts thereof; Ski bibs; Ski boot bags; Ski boot cases; Ski boot liners; Ski boots; Ski gloves; Ski jackets; Ski masks; Ski pants; Ski suits; Ski suits for competition; Ski trousers; Ski wear; Skiing shoes; suits; Skirts; Skirts and dresses; Skiwear; Skooters; Skorts; Skull caps; Skullies being headwear; Slacks; Sleep masks; Sleep pants; Sleep shirts; Sleeping garments; Sleepsuits; Sleepwear; Sleepwear treated with fire and heat retardants; Sleeved or sleeve- less jackets; Sleeveless jerseys; Sleeves worn separate and apartfrom blouses, shirts and other tops; Sliding shorts; Slipovers; Slipper socks; Slipper soles; Slip- pers; Slips being underclothing; Small hats; Smocks; Smoking jackets; Snap crotch shirts for infants and toddlers; Sneakers; Snow boarding suits; Snow boots; Snow pants; Snow suits;Snowboard boot liners; Snowboard boots;Snowboard gloves; Snowboard jackets; Snowboard mittens; Snowboard pants; Snowboard trousers; Soccer bibs; Soccer boots;Soccer shoes; Sock sus- penders; Socks; Socks and stockings; Soles; Soles for footwear; Soles for Ja- panese style sandals;Spats; Spiked running shoes; Sport coats; Sport shirts; Sport stockings; Sportsbra; Sports bras; Sports caps and hats;Sports jackets; Sports jerseys; Sports jerseys and breeches for sports; Sports over uniforms; Sports overuniforms; Sports pants; Sports shirts; Sports shirts with short sleeves; Sports shoes; Sports singlets; Sports vests; Stiletto heels; Stocking caps; Stocking hats; Stocking suspenders; Stockings; Stoles; Strapless bras; Strapless brassieres; Straps for bras; Stretch pants; String fasteners forhaori (haori-himo); Stuff jackets; Suede jackets; Suit coats; Suits; Suits of leather; Sun leggings; Sun protective clothing, namely, swimsuits, shirts, long and short sleeve, caps, hats; Sun sleeves; Sundresses; Sunsuits; Surf wear; Suspender belts; Suspender belts for men; Suspender belts for women; Suspenders; Sus- penders; Swaddling clothes; Sweat bands; Sweat jackets; Sweat pants; Sweat shirts; Sweat shorts; Sweat suits; Sweat-absorbent socks; Sweat-absorbent stockings; Sweat-absorbent underclothing; Sweat-absorbent underwear; Sweat- bands; Sweaters; Sweaters for men, boy; Sweaters made in whole or in sub- stantial part of wool, cotton, silk, polyester, rayon; Sweatpants;Sweatpants for men, boy; Sweatshirts; Sweatshirts for men, boy; Sweatsocks; Sweatsuits; Swim caps; Swim suits; Swim trunks; Swim wear; Swim wear for gentlemen and ladies; Swimming caps; Swimming caps; Swimming costumes; Swimming trunks; Swimsuits; Swimwear; T-shirts; T-shirts for men, boy; Tabards; Taek- wondo uniforms;Tailleurs; Tams; Tank tops; Tank-tops; Tankinis; Tap pants; Tap shoes; Teddies being underclothing; Tee shirts; Tee-shirts; Tennis dresses; Tennis shoes; Tennis wear; Thermal socks; Thermal underwear; Thigh high stockings; Thong beachwear;Thong footwear; Thong sandals; Thong under- wear; Ties as clothing; Tights; Tips for footwear; Toboggan hats; Toboggan hats, pants and caps; Toe boxes; Toe caps;Toe straps for Japanese style san- dals (zori); Togas; Tongue or pullstrap for shoes and boots; Top coats; Top hats; Topcoats; Tops as clothing; Tops as clothingfor men, boy; Toques; Torsettes; Track and field shoes; Track jackets; Track pants; Track suits; Tracksuits; Trac- tion attachments for footwear; Training shoes;Training suits; Travel clothing con- tained in a package comprising reversible jackets, pants, skirts, tops and a belt orscarf; Trekking boots; Trekking jackets; Trekking trousers; Trench coats; Triathlon clothing, namely, triathlon tights,triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Trouser socks; Trouser straps; Trousers; Trousers for sweating; Trousers for men, boy;Trousers of leather; Trunks; Tube dresses; Tube skirts; Tube tops; Tunics; Tuques; ; Turtle neck shirts; Turtleneck pullovers; Turtleneck sweaters; Turtlenecks; Tutus; Tuxedo belts; Tuxedos; Twin sets; Under garments; Underarm clothing shields; Underclothes; Underclothing; Undergarment accessories, namely, removable silicone buttock enhancer pads; Undergarments; Undergarments, namely, waspies; Underpants; Undershirts; Undershirts for kimonos (juban); Undershirts for kimonos (koshimaki); Under- skirts; Underwear; Underwear, namely, boy shorts; Uniforms; Union suits; Unit- ards; Uppers for Japanese style sandals; Uppers of woven rattan for Japanese style sandals; Ushankas being headwear; V-neck sweaters; Valenki; Vest ex- tenders; Vested suits; Vests; Vests for use in barber shops and salons; Viscous gel polymer sold as a component of finished custom cushioned footwear for non-orthopedic purposes and apparel; Visors being headwear; Volleyball jer- seys; Volleyball shoes; Waist bands; Waist belts; Waist cinchers; Waist strings for kimonos (koshihimo); Waistband extender consisting of a button and button hole mounted on a strip of fabric that is inserted into the existing waistband of a garment; Waistbands; Waistcoats; Walking shorts; Warm up outfits; Warm up suits; Warm-up suits; Water repelling boots;Water repelling footwear; Water re- pelling leather boots; Water repelling leather shoes and boots; Water ski boot liners; Water socks; Waterproof boots; Waterproof footwear; Waterproof jackets and pants; Waterproof leather boots; Waterproofleather shoes; Waterproof leather shoesand boots; Waterskiing suits; Wearable blankets in the nature of blankets with sleeves; Wearable computers in the nature of activity trackers sold as integral components of running shoes; Wearable garments and clothing, namely, shirts; Wedding dresses; Wedding garters; Wedding gowns; Wellington boots; Welts for boots and shoes; Welts for footwear; Wet suit gloves; Wet suits; Wet suits for water-skiing; Wet suits for water-skiing and sub-aqua; Wetsuits; Wetsuits for surfing; Wimples; Wind coats; Wind pants; Wind resistant jackets; Wind shirts; Wind suits; Wind vests; Wind-jackets; Wind-resistant vests; Wind- breakers; Windcheaters; Windjammers; Windshirts; Winter boots; Winter coats; Women's athletic tops with built-in bras; Women's ceremonial dresses;Women's clothing, namely, shirts, dresses, skirts, blouses; Women's foldable slippers; Women's hats and hoods; Women's shoes; Women's shoes, namely, foldable flats; Women's tops, namely, camis; Women's underwear; Wooden clogs; Wooden main bodies of Japanese style wooden clogs; Wooden shoes; Woollen socks; Woollen tights; Woolly hats; Work shoes and boots; Working overalls; Woven bottoms; Woven dresses; Woven or knitted underwear; Wovenshirts; Woven shirts for women, girls, boys, men; Woven skirts; Woven tops; Wrap belts for kimonos (datemaki); Wraparound skirts; Wrist bands as clothing; Wrist- bands as clothing; Wristbands containing a cooling substance to cool the wear- er; Yoga pants; Yoga shirts; Zoot suits; Zori

Attachments 87787800#TMSN.png( bytes ) 87868826#TMSN.png( bytes ) Opposition to Publication - FINAL.pdf(208299 bytes )

Signature /Ryan A. Starnes/ Name RYAN A STARNES Date 08/08/2019 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

APPLICATION NO. : 88007574 APPLICATION OF : Linesider Brewing Company, LLC DATE FILED : June 20, 2018 EXAMINING ATTORNEY : Amanda Galbo LAW OFFICE : 125 REFERENCE/DOCKET NO. : 11607-8 (0250765) MARK :

OPPOSITION TO NOTICE OF PUBLICATION This correspondence is submitted in opposition to the Notice of Publication dated May 22, 2019. As set forth below, registration for the trademark applied for in Application No. 88007574 (the “Applied For Mark”) should be refused in International Class 25 under Section 2(d) due to a likelihood of confusion with U.S. Registration Nos. 5560890 and 5561223 (collectively, the “Registered Marks”). The Registered Marks are GET YOUR BEER ON and GET YOUR CRAFT BEER ON. I. Procedural Background – Consistency of Determinations As a gating matter, the Applied For Mark is one of two similar trademarks for which Applicant applied on June 20, 2018. The second of these trademarks was BEER ON - standard font; Application No. 88007567 (the “Refused Mark”). In reviewing the Applied For Marks’ and Refused Mark’s applications, Ms. Amanda Galbo, the examining attorney for both applications, issued Office Action Letters determining that both the Refused Mark and Applied for Mark should be refused due to its likelihood of confusion with the Registered Marks. In response to the Office Action Letters, Applicant (a) sought to divide the applications based on International Class, and (b) submitted two very similar responses to the Office Action Letters generally arguing that the number of the words within the applicable marks, the disparate sounds and meanings of the marks, and different appearances of the marks would obviate any likelihood of confusion. Regarding the Refused Mark, the Request to Divide was granted and the mark proceeded for craft beer, and no response was made for International Class 25. Regarding the Applied For Mark, the Request to Divide was not granted. Despite the overwhelming similarities in the Applied for Mark and Refused Mark, the existence of Applicant’s ungranted Request to Divide the application for the Applied For Mark1, and the nearly identical arguments set forth in Applicant’s responses to the Office Action Letters, the examining attorney arbitrarily permitted the Applied For Mark to be published for opposition notwithstanding her earlier finding that the Applied For Mark and Registered Mark were confusingly similar. For the reasons set forth below, the Applied for Mark’s application should be refused. As the examining attorney correctly stated in her Office Action Letters regarding both the Applied

1 Had the Request to Divide for the Applied For Mark been granted as it was for the Refused Mark, one can reasonably assume that Applicant would have made no response for International Class 25 (as was the case for the Refused Mark). For Mark and Refused Mark, there exists a significant likelihood of confusion with the Registered Marks. To the extent the Applied For Mark was noticed for publication due to the stylized font within the Applied For Mark, such distinction is insufficient to overcome the likelihood of confusion. II. The Section 2(d) Likelihood Of Confusion Should Result in Refusal of the Applied For Mark Applicant’s arguments for registration rely on three contentions: (1) the stylization of the Applied For Mark allegedly distinguishes it from the Registered Marks, (2) the overall commercial impressions of the marks are different (though this argument is largely an abbreviated restatement of its preceding argument), and (3) craft beer enthusiasts are supposedly knowledgeable consumers. Each of these arguments fail. A. Stylization is not sufficient to overcome a likelihood of confusion. Applicant makes much ado about the stylization of the Applied For Mark in its attempt to overcome the Office Action Letter finding of a likelihood of confusion. To be clear, the Applied For Mark consists of six letters, only one of which is stylized. The stylization of the “O” in BEER ON includes the word “brewing” in typeface that is so small that it is difficult to see. The “LS” within the “O” is similarly small and non-differentiating. The Trademark Trial and Appeal Board has determined that reasonable consumers are likely to be confused despite stylization being present in an applicant’s mark when the applicant’s mark and a registered mark share (a) identical nature of goods (as is the case here, apparel in International Case 25) and (b) potential customers (as is the case here, beer consumers). See In re Viterra Inc., 671 F.3d 1358, 1360–61 (Fed. Cir. 2012). To the extent the Applied For Mark offers any distinction from the Registered Marks (it does not), such distinction does not result in a finding that there is no likelihood of confusion; instead, the examiner must then apply the du Pont factors to determine the likelihood of confusion between the standard character mark and the stylized mark. See Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1353 (Fed. Cir. 2011). As the examiner already correctly determined in the Office Action Letters for both the Applied For Mark and Refused Mark, the Applied For Mark and Registered Marks are confusingly similar under du Pont. Here, the Applied For Mark and Registered Marks feature common phrasing resulting in the marks having similar appearance and overall commercial impression. Specifically, the Applied For Mark and Registered Marks feature the identical phrasing BEER ON. Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression. See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom; Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii). Furthermore, the distinctions in appearance and sound between the Applied For Mark and Registered Marks do not obviate the comparison between the marks. The dominate portion of Applied For Mark’s wording (BEER ON) is wholly incorporated within that of the Registered Marks. Incorporating the entirety of one mark within another does not negate the similarity between the compared marks, as in the present case, nor does it overcome a likelihood of confusion under Section 2(d). See Wella Corp. v. Cal. Concept Corp., 558 F.2d 1019, 1022, 194 USPQ 419, 422 (C.C.P.A. 1977) (finding CALIFORNIA CONCEPT and surfer design and CONCEPT confusingly similar); Coca-Cola Bottling Co. v. Jos. E. Seagram & Sons, Inc., 526 F.2d 556, 557, 188 USPQ 105, 106 (C.C.P.A. 1975) (finding BENGAL LANCER and design and BENGAL confusingly similar); In re Integrated Embedded, 120 USPQ2d 1504, 1513 (TTAB 2016) (finding BARR GROUP and BARR confusingly similar); In re Mr. Recipe, LLC, 118 USPQ2d 1084, 1090 (TTAB 2016) (finding JAWS DEVOUR YOUR HUNGER and JAWS confusingly similar); TMEP §1207.01(b)(iii). Here, the marks are identical in part (and specifically, the dominant parts of the marks are identical). As such, the marks bear a high likelihood of consumer confusion as to whether the goods of the parties emanate from a common source.

Finally, the goods offered by Applicant and Registrant are identical (hats, short-sleeved t- shirts, long-sleeved t-shirts, jackets, beanies, sweatshirts, tank tops, and button-down shirts). Additionally, the goods of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Thus, Applicant’s and Registrant’s goods are related.

Based on the analysis above, even if the stylization of the letter “O” in BEER ON distinguishes it from the Registered Marks, it does not distinguish it so much so that it survives the du Pont test.

B. The overall commercial impressions of the marks at issue are the same. Applicant argues that the additional words (GET YOUR) contained in the Registered Marks to BEER ON or, alternatively, Applicant’s additional wording of LS BREWING to BEER ON are more than minor changes that result in an entirely different commercial impression than the mark BEER ON. This argument is incorrect. Consumers are often known to use shortened forms of names, and it is highly likely that either the Applied For Mark or the Registered Marks may be referred to as BEER ON. See In re Abcor Development Corp., 588 F.2d 811, 200 USPQ 215, 219 (CCPA 1978) (Rich, J., concurring: “the users of language have a universal habit of shortening full names – from haste or laziness or just economy of words”). Further, even if potential purchasers could discern the apparent differences between Applied For Mark and Registered Marks, purchasers could still reasonably assume, due to the overall similarities in sound, appearance, connotation, and commercial impression between the wording common to the respective marks, that Applicant’s goods offered under the BEER ON LS BREWING mark constitute a new or additional product line from the same source as the goods offered under Registrant’s GET YOUR BEER ON and GET YOUR CRAFT BEER ON marks with which they are acquainted or familiar, and that the Applied For Mark is merely a variation of the Registered Marks. See, e.g., SMS, Inc. v. Byn-Mar Inc. 228 USPQ 219, 220 (TTAB 1985) (applicant’s marks ALSO ANDREA and ANDREA SPORT were “likely to evoke an association by consumers with opposer's preexisting mark [ANDREA SIMONE] for its established line of clothing.”). For these reasons, the overall commercial impression of the marks are identical. C. In this instance, the identity of the consumers of the goods does not obviate the du Pont factors. Finally, Applicant argues (without evidence or citation) that “craft beer enthusiasts are highly knowledgeable” consumers and are therefore unlikely to be confused. While Registrant disputes that individuals purchasing appeal to show their support of drinking beer necessarily qualify as non-typical consumers, Applicant’s argument is irrelevant in any event. First, the class of consumers – people who wear clothes in support of drinking beer – are identical for Applicant and Registrant. Applicant states that its craft beer brewery consumers are unlikely to accidentally purchase Registrant’s goods. This, however, is not the relevant question. The relevant question is whether a potential customer of Registrant wanting clothing bearing one of the Registered Marks would accidentally find and purchase Applicant’s goods. As stated above, because the goods of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers, they are “presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Thus, Applicant’s and Registrant’s goods and are related. Because the Applicant and Registrant’s marks are confusingly similar, the parties offer identical goods, and each party’s customers are likely to become confused, the Applied For Mark should be refused registration.