Notice of Opposition Opposer Information Applicant Information
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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA961245 Filing date: 03/19/2019 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 Pretorian Hardsports USA, Inc. Entity Corporation Citizenship California Address 659 South Citrus Avenue Los Angeles, CA 90036 UNITED STATES Correspondence Hillary Maynard information Attorney for Opposer Ulmer & Berne LLP 500 W. Madison Street Suite 3600 Chicago, IL 60661 UNITED STATES [email protected], [email protected], [email protected], ipdocket- [email protected], [email protected] 3126586558 Applicant Information Application No 87837717 Publication date 02/19/2019 Opposition Filing 03/19/2019 Opposition Peri- 03/21/2019 Date od Ends Applicant Niquis Assessoria e Participacoes Eireli Suite 701, Unit 5550 Ave. Yojiro Takaoka, 4.384 Santana de Pamaiba, 06541-038 BRAZIL Goods/Services Affected by Opposition Class 005. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Sports nutrition supplements, namely, pro- tein nutritional supplements, pre-workout nutritional supplements, amino acidsfor nutritional pur- poses, protein supplement bars, nutritional supplements for boosting energy, nutritional supplements- for boosting endurance, thermogenic nutritional supplements, post-workout nutritional supplements Class 009. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Mouth guards for sports; head guards for sports Class 025. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: apparel, namely, tops as clothing, bras, shorts, t-shirts, wind breakers, sweatshirts, hooded sweat shirts, sweaters, jackets, trousers, rash- guards, polo shirts, headbands, skullcaps, caps, skirts, blouses, belts, socks, underwear, bikinis, swimming suits, swimwear, pants; shoes, namely, sneakers, sandals, flip flops, sports shoes, running shoes, boots; kick boots in the nature of boxing shoes; kimonos; doboks in the nature of karate suits; belts, namely, belts for clothing, wrap belts for kimonos Class 028. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Sporting goods, namely, boxing gloves, hand wraps, Thai pads, punching bags, bags specially adapted for holding boxing gloves, focus mitts, grappling gloves being mixed martial arts gloves, grapplingequipment in the nature of mixed martial arts gloves, punching mitts, shin guards for athletic use, mitt gloves in the nature of taekwondo mitts, mixed martialarts gloves, chest guards for athletic use, groin guards for athletic use, mixed martial arts gloves, strike pads for athletic use, speed balls being punching balls for boxing, belts in the nature ofweightlifting belts, kidney belts for sports, knee guards for athletic use, elbow guards for ath- letic use, ankle supports for athletic use, jump ropes, medicine balls, slam balls being sports balls, exercise wrist weights, ankle weights, resistance tubes for athletic use, training exercise bands, elast- ic exercise bands, hand grip trainers for athletic use, balls for sport being gym balls, gym blocks be- ing yoga blocks, power exercise bands, aerobic steps, gym gloves in the nature of weightlifting gloves, stretch bands used for yoga and physical fitness purposes, body training apparatus in the nature of toning rings, balance steps for athletic training, balance boards for improving strength, ton- ing, conditioning, balance, and proprioception, push up excercise bars, door gym trainers in the nature of exercise doorway gym bars, exercise doorway gym bars, physical fitnessequipment in the nature of ab wheels, hurdles, speed ladders, training cones, lift bags being heavy bags for boxing andmixed martial arts training, boxing bags Grounds for Opposition No bona fide intent to use mark in commerce for Trademark Act Section 1(b) identified goods or services Applicant not rightful owner of mark for identified Trademark Act Section 1 goods or services Attachments Notice of Opposition PRETORIAN HARD SPORTS and Design.pdf(258738 bytes ) PRETORIAN HARD SPORTS Opposition - Exhibit 1.pdf(4137846 bytes ) Signature /hmaynard/ Name Hillary Maynard Date 03/19/2019 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Pretorian Hardsports USA, Inc. Opposition No. ______________ Serial No.: 87/837,717 Opposer, Mark: v. Niquis Assessoria e Participacoes Eireli Applicant. UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board P.O. Box 1451 Alexandria, Virginia 22313-1451 NOTICE OF OPPOSITION Opposer, Pretorian Hardsports USA, Inc. (“Opposer”), believes that it will be damaged by registration of the mark shown in Application Serial No. 87/837,717 (“PRETORIAN HARD SPORTS and Design mark”) and therefore opposes the same. As grounds for opposition, Opposer alleges: 1. Opposer Pretorian Hardsports USA, Inc. is a California corporation with its principal place of business at 659 South Citrus Avenue, Los Angeles, California 90036. 2. Opposer offers and sells various sport and lifestyle related products around the world, and has in the past and soon again will sell these goods in United States commerce. Opposer owns trademark rights in the PRETORIAN HARD SPORTS and Design Mark in Brazil and Europe, and owns common law trademark rights in its PRETORIAN HARD SPORTS and Design mark in the United States based on its past and intended use in commerce in connection with sport and lifestyle products and related goods and services. COUNT I: OWNERSHIP OF THE MARK (15 U.S.C. § 1051(a)) 3. Opposer repeats and realleges the allegations of Paragraphs 1-2 as if fully set forth herein. 4. As its first ground for relief, Opposer alleges that Applicant is not, and was not, at the time of the filing of its application for registration, the rightful owner of the PRETORIAN HARD SPORTS and Design mark. 5. Upon information and belief, Applicant Niquis Assessoria e Participacoes Eireli (“Applicant”) is an Empresa Individual de Responsabilidad Limitada (EIRL) with its principal place of business at Suite 701, Unit 5550, Ave. Yojiro Takaoka, 4.384, Santana de Pamaiba, Brazil 06541-038. 6. Applicant filed Application Serial No. 87/837,717, which is the subject of this Opposition, on March 16, 2018, for the mark for use in connection with the following goods: Sports nutrition supplements, namely, protein nutritional supplements, pre-workout nutritional supplements, amino acids for nutritional purposes, protein supplement bars, nutritional supplements for boosting energy, nutritional supplements for boosting endurance, thermogenic nutritional supplements, post-workout nutritional supplements in International Class 005; Mouth guards for sports; head guards for sports in International Class 009; Apparel, namely, tops as clothing, bras, shorts, t-shirts, wind breakers, sweat shirts, hooded sweat shirts, sweaters, jackets, 2 trousers, rashguards, polo shirts, headbands, skullcaps, caps, skirts, blouses, belts, socks, underwear, bikinis, swimming suits, swimwear, pants; shoes, namely, sneakers, sandals, flip flops, sports shoes, running shoes, boots; kick boots in the nature of boxing shoes; kimonos; doboks in the nature of karate suits; belts, namely, belts for clothing, wrap belts for kimonos in International Class 025; and Sporting goods, namely, boxing gloves, hand wraps, Thai pads, punching bags, bags specially adapted for holding boxing gloves, focus mitts, grappling gloves being mixed martial arts gloves, grappling equipment in the nature of mixed martial arts gloves, punching mitts, shin guards for athletic use, mitt gloves in the nature of taekwondo mitts, mixed martial arts gloves, chest guards for athletic use, groin guards for athletic use, mixed martial arts gloves, strike pads for athletic use, speed balls being punching balls for boxing, belts in the nature of weightlifting belts, kidney belts for sports, knee guards for athletic use, elbow guards for athletic use, ankle supports for athletic use, jump ropes, medicine balls, slam balls being sports balls, exercise wrist weights, ankle weights, resistance tubes for athletic use, training exercise bands, elastic exercise bands, hand grip trainers for athletic use, balls for sport being gym balls, gym blocks being yoga blocks, power exercise bands, aerobic steps, gym gloves in the nature of weightlifting gloves, stretch bands used for yoga and physical fitness purposes, body training apparatus in the nature of toning rings, balance steps for athletic training, balance boards for improving strength, toning, conditioning, balance, and proprioception, push up excercise bars, door gym trainers in the nature of exercise doorway gym bars, exercise doorway gym bars, physical fitness equipment in the nature of ab wheels, hurdles, speed ladders, training cones, lift bags being heavy bags for boxing and mixed martial arts training, boxing bags in International Class 028 (“Applicant’s Mark”). 7. Applicant filed its application to register the PRETORIAN HARD SPORTS and Design mark on a bona fide intent-to-use basis under Section 1(b). 3 8. Applicant’s trademark application is void because Opposer is the true owner of the PRETORIAN HARD SPORTS and Design mark. 9. Only the owner of a trademark may register the mark with the USPTO. 15 U.S.C. § 1051(a). See