Lotto Sport Italia S.P.A. Ukeje Agu
This Opinion is not a Precedent of the TTAB Mailed: May 20, 2019 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ Lotto Sport Italia S.p.A. v. Ukeje Agu, Jr. _____ Opposition No. 91229796 _____ James J. Bitetto and Susan Paik of Tutunjian & Bitetto PC for Lotto Sport Italia S.p.A. Ukeje Agu, Jr., pro se. _____ Before Kuhlke, Wellington and Heasley, Administrative Trademark Judges. Opinion by Kuhlke, Administrative Trademark Judge: Applicant, Ukeje Agu, Jr., seeks registration of the composite mark for “Headgear, namely, hats and caps; Jerseys; Pants; Shirts; Sweaters; Tank tops,” in International Class 25 on the Principal Register.1 Opposer, Lotto Sport Italia S.p.A., has opposed registration of Applicant’s mark on the ground that, as applied to Applicant’s goods, the mark so resembles 1 Serial No. 86849691, filed December 15, 2015, based on an allegation of first use and use in commerce on July 1, 2014 under Section 1(a), 15 U.S.C. § 1051(a). Opposition No. 91229796 Opposer’s previously used and registered marks LOTTO in typed form2 for a variety of clothing items in International Class 25 and , also for a variety of clothing items in International Class 25, in addition to various bags, briefcases, wallets etc. in International Class 18, games and playthings in International class 28 and retail and wholesale store services featuring a variety of items in International Class 35, as to be likely to cause confusion under Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d).
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