Notice of Opposition Opposer Information Applicant Information Goods/Services Affected by Opposition

Home , Internet radio, Streaming television

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1098521 Filing date: 11/30/2020

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 Corporacion de Radio y Television Espanola, S.A Granted to Date 11/28/2020 of previous ex- tension Address AVDA RADIO TELEVISION 4 EDIF PRADO DEL R POZUELO DE ALARCON MADRID, 28223 SPAIN

Attorney informa- TODD A. SULLIVAN tion HAYES SOLOWAY PC 175 CANAL STREET MANCHESTER, NH 03101 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected] 603-668-1400

Docket Number Isern 20.01 Applicant Information

Application No. 88647258 Publication date 09/29/2020 Opposition Filing 11/30/2020 Opposition Peri- 11/28/2020 Date od Ends Applicant HONER, JODI 20845 CHENEY DR TOPANGA, CA 90290 UNITED STATES Goods/Services Affected by Opposition

Class 038. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Transmission of interactive television programs; Transmission of interactive television program guides and listings; Transmission of streaming television programs, namely, streaming of television programs on the internet; Transmission of sound, video and information from webcams, video cameras or mobile phones, all featuring live or recorded materials; Television transmission services; Televisionbroadcasting; Streaming of television content on the internet; Internet television broadcasting; Internet protocol television (IPTV) transmission services; Broadcast and streaming of media and information, namely, broadcasting and streaming of video, audio, graphics, images, text, data, voice, and music, by means of television, smart television, radio, internet radio, mobile phones, personal digital assistants, artificial intelligence robots, intelligent smart devices and speakers, wearable digital devices, holographic projectors, personal computers, and the Internet; Transmission of information in the audiovisual field; Transmission, broadcasting, and streaming of interactive television programs, video games,e-sports games, television shows, movies, and interactive multimedia content; Transmission of news; News agency services for electronic transmission; News agencies, namely, the transmission of news items to news reporting organizations andmultimedia networks; Video transmissionover digital networks; Satellite transmission; Subscription television broadcasting; Subscription-based television streaming; Subscription- based streaming of audio, visual, and audiovisual material via portable digital devices, digital assistants, smart televisions, smartphones,and the Internet; Cable broadcast transmission, namely, broadcasting of cable television programs; Digital media transmission and communication services, namely, video transmission over digital networks and transmission of digital files; Information transmission by telematic codes; Transmission and receiving by radio;Radio communications; Transmis- sion of sound, voice, video and information by means of telecommunications networks, wireless communication networks, and the Internet; Electronic order transmission services; Computer-aided transmission of voice, messages and images; Internet-basedtext messaging, email, and text messagenoti- fication and email text message alerting services; Providing internetbased live chat services, namely, providing on-line facilities for real-time live interaction with other computer users concerning social media and digital media; Communication services, namely, providing electronic transmission of information stored in a database via interactively communicating computer systems; Providing voice- activated dialing services and voice-activated communication in the nature of voice over IP services; Video telephone services; Holographic telephone services, namely, video telephone communication services; Telecommunication access services; Captioned media services, namely, captioned telephone services for individuals who are deaf, hard of hearing or speech impaired; Delivery of digital music and digital media in the nature of data, digital files, images, audio and video by electronic transmission; Electronic data transmission; Electronic transmission of digital files; Computer services, namely, providing online facilities for real-time interaction with other computer users concerning streaming television content, shows, web series, movies, games, music, interactive entertainment, and topics of general interest; Video-on-demand transmission; Video-on-demand transmission services via the Internet; Broadcasting and streaming services and provision of telecommunication access to films, audiovisual content and television programs provided via a video-on-demand service; Computer transmission of information accessed via a digital key or code; Data transmission and reception services via telecommunication means; Transmission of data signals; Transmission of information by data communications for assisting decision making; Providing voice communication services via the internet,namely, transmission of information by voice communication for command and control of digital assistants and devices; Pay-per-view television and digital mediatransmission services; Pay- per-view streaming television transmission services;Providing telecommunications connections to a global computer network and wireless communications networks; Streaming of data, voice, audio and video on the internet; Telecommunication services, namely, transmission of webcasts and podcasts, and streaming of webisodes, web series, and television programs on the Internet; Teleconferencing and telepresence communication services offered by means ofa 3D projector, robot, kiosk, or virtual environment; Providing virtual privatenetwork (VPN) services; Transmission oflocation-based messaging; Voice over IPservices; Telecommunications services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wirelesscommunica- tions networks and the Internet, featuring augmented reality content, virtual reality content, and holo- graphicimages and data for use in connection with video communication systems, holographic projectors, wearable digital devices, smart glasses, smartphones, and computer networks; Transmission of information via video and 3D video communication systems; Transmission of audio and video tethered downloads; Telecommunications services, namely, interactive transmission of audio, video and voice and audio and video broadcasting over the internet to mobile devices, smartphones, tablets, personal computers, wearable computers, sensors, 3D projectors, televisions, set-top boxes, smart televisions, smart digital assistant devices and consumer goods; Broadcasting of television programs via the Internet; Broadcasting of teleshopping programs; Providing telecommunication channels for teleshopping services; Providing online facilities for live streaming video of entertainment and promotional events, namely, streaming of videomaterial on the Internet; Streaming of audio, video and audiovisual material, namely, streaming and live streaming of games, mobile feeds, and television showsvia the Internet; Simulcasting broadcast television over global communication networks, the Internet, and wireless networks; Providing simultaneous multiple-user access to data and content on the Internet in the fields of entertainment andeducation; Network conferencing services; Providing online community forums forusers to post, watch, search, share, upload, download, live stream, critique, tag, curate, edit, modify, mix, rate, andcomment on, videos and other multimedi- acontent via the Internet and other communications networks; Electronic exchangeof data stored in databases accessible via telecommunication networks; Transmission and reception of database information via telecommunication networks and the Internet; Providing access to databases via an intelligent digital assistant; Providing access to computer databases in the fields of social networking and business networking; Providing online chatrooms and electronic bulletin boards; Chatroom services for social networking; Providing virtual chatrooms established via text messaging; Providing voice chat services; Providing virtual chat services; Communication services, namely, transmission of voice and audio content for live conversational voice chat via telecommunications networks, wireless communication networks, and the internet, for electronic communication devices, namely, with robots, chatbots, mobile phones, televisions, speakers, microphones and digital assistants in the Inter- net of things (IoT), featuring artificial intelligence communications; Electronic message transmission; Electronic messaging services and transmission of electronic mail featuring data and voice; Message sending,receiving, and forwarding; Wireless digital messaging services; Instant messaging services; Mobile telephone communication services; Communications by computerterminals; Communications, namely, providing voice communication services via the internet, mobile telephone communication, and wireless broadband communication services, utilizing artificial intelligence robots and digital assistants; Podcasting, namely, transmission of podcasts, streaming of voice, data, audio material and video material, on the internet,and webcasting services; Providing online forums for discussions in the areas of entertainment and streaming televisioncontent; Providing live online forums for transmission of messages, audio, video, and voice among computer users; Wireless communications services, namely, transmission of graphics, images, videos, text, voice, audio, and live streams to and from mobile phones, and between mobile phones and televisions; Transmission of information via computers connected tothe same telematic network; Electronic transmission of voice, data and images by television and video broadcasting; Webcasting services; Transmission and reception of database information via telecommunication networks; Providing live interactive online chatrooms, streaming of video material on the internet, and providing interactive online video forums forwellness, self-esteem, and mental health issues; Providing voice and video chatservices; Providing access to databasesvia voice-activated speakers, digital assistants, and artificial intelligence technology; Trans- mission and distributionof data or audiovisual media via a global computer network or the internet; Provision of online forums for users for the sharing and transmission of digital media in the nature of digital avatars; Electronic transmission of information posted to user newsgroups and discussion groups via a global computer network; Consulting in the field of telecommunicationservices; Electron- ic transmission and streaming of digital media content for others via global and local communicationsnetworks; Telecommunications services, namely, electronic transmission of voicecommands for information management; Telecommunications services, namely, wireless telephony and wireless broadband communications services for the transmission of voice and data; Transmission of sound and vision via satellite or interactive multimedia networks; Broadcasting services, namely, transmission of advertising programs and media advertising communications via digital communication networks; Providing online forums for transmission of messages among computer users concerning collaborative production of streaming television shows; Providing electronic transmission of contactless payment data via the internet; Providing electronic transmission of credit card transaction data and electronic payment data via a global computer network; Satellite, cable, or network transmission of sounds, images, signals and data; Providing online listservers for transmission of messages among computer users concerning searchable databases of information in the field of digital media; Provid- ing online chat rooms, and online interactive video forums for transmission of messagesamong users in the fields of entertainment, general interest, media production tools and equipment, and consumer product information; streaming of audiovisual material in the nature of television programs in the fields of entertainment, general interest, media production tools and equipment, and consumer product information via the internet; Peer-to-peer media sharing services, namely, electronictransmis- sion of digital media files among internet users; Educational text messaging services for transmission of educational content via SMS; Video broadcasting and transmission services via the Internet, featuring films and movies; Wireless, television, video, audio, radio, mobile, and internet broadcasting and webcasting services featuring spoken word, conferences, concerts, live entertainmentevents, festivals, award shows, gameshows, and sporting events; Internet radio services, namely, transmission of audio material via the internet; Electronic transmission of data, digital files, voice, audio and video signals via smart televisions and portable electronic devices;Mobile media services in the nature of electronic transmission of entertainmentmedia content; Electronic transmission of communications in the nature of audio, video, messages, voice, digital files,and data featuring encryption and decryption; Signal transmission for electronic commerce via telecommunication systemsand data communication systems; Communication services, namely, electronic transmission of data and documents among users of computers; Wireless electronic transmission of data, graphics, messages, texts, audio, video and/or voice via nearfield communication (NFC) technology-enabled devices; Electronic transmission for others of crowd-funding, securities and financial information via computer linking services, namely, communicating and routing information involving orders, entry and execution services, to others via a global computer network; Electronic transmission for others of e-sports betting and wagering information via computer communications services, namely, communicating and routing information involving orders, entry and execution services, via a global computer network; Mirrored communications, namely, communicationvia telephone and television transmissions; Com- puter transmission of online based services accessed via a network reference, namely, a URI, visual code, audio code, namely, QR codes, barcode, tag, namely, RFID, terminal, namely, PC or mobile device, or any combination thereof; Providing access to searchable online databases; Providing an online forum for educational discussions in the area of current events; Streaming television consultation and advisory services; Telecommunications services, namely, transmission of sound and vision via interactive multimedia networks, wireless communicationsnetworks, intranets, decentralized networks featuring blockchain technology, virtual environments, and the Internet Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition

U.S. Registration 4907288 Application Date 01/09/2015 No. Registration Date 03/01/2016 Foreign Priority NONE Date Word Mark TVE Design Mark Description of The mark consists of the letters "t","v" and "e", all of them in small letters and Mark forming the word "tve". The letters appear in blue background and the color is graduating, from left to right, from darker blue to lighter blue. The letters"t","v","e" are in white color. The letter "e" has bigger font size. Goods/Services Class 038. First use: First Use: 0 First Use In Commerce: 0 Transmission and delivery of movies, radio and television programs via radio, satellite, cable, optical fiber networks,computer terminals, worldwide computer networks; transmission and broadcasting of radio and television programs by radio, satellite, cable, optical fiber networks, computer terminals, worldwide computer networks

U.S. Registration 5815995 Application Date 04/27/2018 No. Registration Date 07/30/2019 Foreign Priority NONE Date Word Mark STAR TVE HD Design Mark Description of There are two parts, one on the left consisting of the words "STAR" and "TVE" in Mark white on a background in blue shaded to green and another on the right side with the letters "HD" in green on a white background Goods/Services Class 038. First use: First Use: 0 First Use In Commerce: 0 Telecommunication services, namely, transmission and delivery of movies, radio and television programs via radio, satellite, cable, optical fiber networks, computer terminals, worldwide computer networks; transmission and broadcasting of radio and television programs by radio, satellite, cable, optical fiber networks,computer terminals, worldwide computer networks: communications by radio, via satellite, via cable, via fiber-optic networks, via computer terminals; communications via global computer networks; transmission and broadcasting of radio and television programs Class 041. First use: First Use: 0 First Use In Commerce: 0 Organizing sporting and cultural activities; editing and production of radio and television programs

U.S. Registration 5298736 Application Date 04/18/2016 No. Registration Date 10/03/2017 Foreign Priority NONE Date Word Mark 24H TVE Design Mark Description of The mark consists of the wording "24H TVE" in stylized white lettering with thet- Mark erms appearing separately inside two stylized red quadrilateral shaped smudge designs with curved sides. Goods/Services Class 038. First use: First Use: 0 First Use In Commerce: 0 Telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; communications by radio broadcasting, by satellite, by cable, by fiber-optic networks, by computer terminals, communications viaglobal computer networks; transmission and broadcasting of radio and televisionprograms Class 041. First use: First Use: 0 First Use In Commerce: 0 Education services, namely, providing information, news and commentary in the field of current events via the Internet;entertainment in the nature of ongoing television programs in the field of news

Attachments notice of opp 88647258.pdf(54216 bytes )

Signature /Todd A. Sullivan/ Name TODD A. SULLIVAN Date 11/30/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Corporacion de Radio y Television Espanola, S.A ) ) Opposer, ) Opposition No. ) v. ) Serial No.: 88647258 ) Jodi Honer ) Mark: TVER ) Applicant. ) ______)

NOTICE OF OPPOSITION

Corporacion de Radio y Television Espanola, S.A, a Spanish corporation having an address of

Avda Radio Television 4 EDIF Prado Del R Pozuelo de Alarcon, Madrid SPAIN 28223, believes it will be damaged by registration of the above-identified mark and hereby opposes the same. The required fee filing this Notice of Opposition is submitted herewith. If any additional fees are due, please debit Account

No. 08-1391.

As grounds for this opposition, it is alleged that:

1. Corporacion de Radio y Television Espanola, S.A (“Opposer”) for many years has been and now

is engaged in the business of transmission and broadcasting of radio and television programs by

radio, satellite, cable, optical fiber networks, computer terminals, worldwide computer networks

(“Opposer’s Services”).

2. Opposer is the state-owned public corporation based in Spain that manages Spanish public radio

and television services.

3. Opposer is the largest Spanish language broadcasting entity in Spain.

4. Opposer has been broadcasting in the United States for the past 30 years using the trademark

TVE. 5. Opposer owns US Registration Numbers 4907288 for the mark TVE, 5298736 for the mark 24H

TVE, and 5815995 STAR TVE HD (“Opposer’s Marks”).

6. Opposer has owned the trademark rights to TVE through other registrations, namely:

• Registration Number 2233218 – TVE • Registration Number 2475254 – TVE TELEVISION ESPANOLA • Registration Number 2475255 – TVE CANAL 24 HORAS • Registration Number 2475256 – TVE HISPAVISION • Registration Number 3230055 – TVE • Registration Number 4907288 – TVE • Registration Number 5298736 – 24H TVE • Registration Number 5815995 – STAR TVE HD 7. Opposer has several more related trademarks to which it retains common law rights, many of

which are permutations of TVE and have been in use for many years.

8. Opposer has hundreds of millions of consumers of its content globally.

9. Opposer is often identified as RTVE, as here: en.wikipedia.org/wiki/RTVE.

10. Jodi Honer, an individual residing at 20845 Cheney Dr., Topanga, CA 90290 applied to register

TVER (“Opposed Mark”) for Transmission of interactive television programs; Transmission of

interactive television program guides and listings; Transmission of streaming television

programs, namely, streaming of television programs on the internet; Transmission of sound,

video and information from webcams, video cameras or mobile phones, all featuring live or

recorded materials; Television transmission services; Television broadcasting; Streaming of

television content on the internet; Internet television broadcasting; Internet protocol television

(IPTV) transmission services; Broadcast and streaming of media and information, namely,

broadcasting and streaming of video, audio, graphics, images, text, data, voice, and music, by

means of television, smart television, radio, internet radio, mobile phones, personal digital

assistants, artificial intelligence robots, intelligent smart devices and speakers, wearable digital

devices, holographic projectors, personal computers, and the Internet; Transmission of information in the audiovisual field; Transmission, broadcasting, and streaming of interactive television programs, video games, e-sports games, television shows, movies, and interactive

multimedia content; Transmission of news; News agency services for electronic transmission;

News agencies, namely, the transmission of news items to news reporting organizations and multimedia networks; Video transmission over digital networks; Satellite transmission;

Subscription television broadcasting; Subscription-based television streaming; Subscription-based streaming of audio, visual, and audiovisual material via portable digital devices, digital assistants, smart televisions, smartphones, and the Internet; Cable broadcast transmission, namely, broadcasting of cable television programs; Digital media transmission and communication services, namely, video transmission over digital networks and transmission of digital files;

Information transmission by telematic codes; Transmission and receiving by radio; Radio communications; Transmission of sound, voice, video and information by means of telecommunications networks, wireless communication networks, and the Internet; Electronic

order transmission services; Computer-aided transmission of voice, messages and images;

Internet-based text messaging, email, and text message notification and email text message alerting services; Providing internetbased live chat services, namely, providing on-line facilities for real-time live interaction with other computer users concerning social media and digital media; Communication services, namely, providing electronic transmission of information stored in a database via interactively communicating computer systems; Providing voice-activated dialing services and voice-activated communication in the nature of voice over IP services; Video telephone services; Holographic telephone services, namely, video telephone communication services; Telecommunication access services; Captioned media services, namely, captioned telephone services for individuals who are deaf, hard of hearing or speech impaired; Delivery of digital music and digital media in the nature of data, digital files, images, audio and video by electronic transmission; Electronic data transmission; Electronic transmission of digital files;

Computer services, namely, providing online facilities for real-time interaction with other computer users concerning streaming television content, shows, web series, movies, games, music, interactive entertainment, and topics of general interest; Video-on-demand transmission;

Video-on-demand transmission services via the Internet; Broadcasting and streaming services and provision of telecommunication access to films, audiovisual content and television programs provided via a video-on-demand service; Computer transmission of information accessed via a digital key or code; Data transmission and reception services via telecommunication means;

Transmission of data signals; Transmission of information by data communications for assisting decision making; Providing voice communication services via the internet, namely, transmission of information by voice communication for command and control of digital assistants and devices; Pay-per-view television and digital media transmission services; Pay-per-view streaming television transmission services; Providing telecommunications connections to a global computer network and wireless communications networks; Streaming of data, voice, audio and video on the internet; Telecommunication services, namely, transmission of webcasts and podcasts, and streaming of webisodes, web series, and television programs on the Internet; Teleconferencing and telepresence communication services offered by means of a 3D projector, robot, kiosk, or virtual environment; Providing virtual private network (VPN) services; Transmission of location- based messaging; Voice over IP services; Telecommunications services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communications networks and the Internet, featuring augmented reality content, virtual reality content, and holographic images and data for use in connection with video communication systems, holographic projectors, wearable digital devices, smart glasses, smartphones, and computer networks; Transmission of information via video and 3D video communication systems; Transmission of audio and video tethered downloads; Telecommunications services, namely, interactive transmission of audio, video and voice and audio and video broadcasting over the internet to mobile devices, smartphones, tablets, personal computers, wearable computers, sensors, 3D projectors, televisions, set-top boxes, smart televisions, smart digital assistant devices and consumer goods; Broadcasting of television programs via the Internet; Broadcasting of

teleshopping programs; Providing telecommunication channels for teleshopping services;

Providing online facilities for live streaming video of entertainment and promotional events,

namely, streaming of video material on the Internet; Streaming of audio, video and audiovisual material, namely, streaming and live streaming of games, mobile feeds, and television shows via

the Internet; Simulcasting broadcast television over global communication networks, the Internet,

and wireless networks; Providing simultaneous multiple-user access to data and content on the

Internet in the fields of entertainment and education; Network conferencing services; Providing

online community forums for users to post, watch, search, share, upload, download, live stream,

critique, tag, curate, edit, modify, mix, rate, and comment on, videos and other multimedia content via the Internet and other communications networks; Electronic exchange of data stored in databases accessible via telecommunication networks; Transmission and reception of database information via telecommunication networks and the Internet; Providing access to databases via an intelligent digital assistant; Providing access to computer databases in the fields of social networking and business networking; Providing online chatrooms and electronic bulletin boards;

Chatroom services for social networking; Providing virtual chatrooms established via text messaging; Providing voice chat services; Providing virtual chat services; Communication

services, namely, transmission of voice and audio content for live conversational voice chat via

telecommunications networks, wireless communication networks, and the internet, for electronic

communication devices, namely, with robots, chatbots, mobile phones, televisions, speakers,

microphones and digital assistants in the Internet of things (IoT), featuring artificial intelligence

communications; Electronic message transmission; Electronic messaging services and

transmission of electronic mail featuring data and voice; Message sending, receiving, and

forwarding; Wireless digital messaging services; Instant messaging services; Mobile telephone

communication services; Communications by computer terminals; Communications, namely,

providing voice communication services via the internet, mobile telephone communication, and wireless broadband communication services, utilizing artificial intelligence robots and digital

assistants; Podcasting, namely, transmission of podcasts, streaming of voice, data, audio material and video material, on the internet, and webcasting services; Providing online forums for

discussions in the areas of entertainment and streaming television content; Providing live online

forums for transmission of messages, audio, video, and voice among computer users; Wireless

communications services, namely, transmission of graphics, images, videos, text, voice, audio,

and live streams to and from mobile phones, and between mobile phones and televisions;

Transmission of information via computers connected to the same telematic network; Electronic

transmission of voice, data and images by television and video broadcasting; Webcasting

services; Transmission and reception of database information via telecommunication networks;

Providing live interactive online chatrooms, streaming of video material on the internet, and

providing interactive online video forums for wellness, self-esteem, and mental health issues;

Providing voice and video chat services; Providing access to databases via voice-activated

speakers, digital assistants, and artificial intelligence technology; Transmission and distribution of

data or audiovisual media via a global computer network or the internet; Provision of online

forums for users for the sharing and transmission of digital media in the nature of digital avatars;

Electronic transmission of information posted to user newsgroups and discussion groups via a

global computer network; Consulting in the field of telecommunication services; Electronic

transmission and streaming of digital media content for others via global and local

communications networks; Telecommunications services, namely, electronic transmission of

voice commands for information management; Telecommunications services, namely, wireless

telephony and wireless broadband communications services for the transmission of voice and

data; Transmission of sound and vision via satellite or interactive multimedia networks;

Broadcasting services, namely, transmission of advertising programs and media advertising

communications via digital communication networks; Providing online forums for transmission

of messages among computer users concerning collaborative production of streaming television shows; Providing electronic transmission of contactless payment data via the internet; Providing

electronic transmission of credit card transaction data and electronic payment data via a global computer network; Satellite, cable, or network transmission of sounds, images, signals and data;

Providing online listservers for transmission of messages among computer users concerning searchable databases of information in the field of digital media; Providing online chat rooms, and online interactive video forums for transmission of messages among users in the fields of entertainment, general interest, media production tools and equipment, and consumer product information; streaming of audiovisual material in the nature of television programs in the fields of entertainment, general interest, media production tools and equipment, and consumer product information via the internet; Peer-to-peer media sharing services, namely, electronic transmission of digital media files among internet users; Educational text messaging services for transmission of educational content via SMS; Video broadcasting and transmission services via the Internet, featuring films and movies; Wireless, television, video, audio, radio, mobile, and internet broadcasting and webcasting services featuring spoken word, conferences, concerts, live entertainment events, festivals, award shows, gameshows, and sporting events; Internet radio services, namely, transmission of audio material via the internet; Electronic transmission of data, digital files, voice, audio and video signals via smart televisions and portable electronic devices;

Mobile media services in the nature of electronic transmission of entertainment media content;

Electronic transmission of communications in the nature of audio, video, messages, voice, digital

files, and data featuring encryption and decryption; Signal transmission for electronic commerce via telecommunication systems and data communication systems; Communication services, namely, electronic transmission of data and documents among users of computers; Wireless electronic transmission of data, graphics, messages, texts, audio, video and/or voice via near field communication (NFC) technology-enabled devices; Electronic transmission for others of crowd- funding, securities and financial information via computer linking services, namely, communicating and routing information involving orders, entry and execution services, to others via a global computer network; Electronic transmission for others of e-sports betting and

wagering information via computer communications services, namely, communicating and

routing information involving orders, entry and execution services, via a global computer

network; Mirrored communications, namely, communication via telephone and television

transmissions; Computer transmission of online based services accessed via a network reference,

namely, a URI, visual code, audio code, namely, QR codes, barcode, tag, namely, RFID,

terminal, namely, PC or mobile device, or any combination thereof; Providing access to

searchable online databases; Providing an online forum for educational discussions in the area of

current events; Streaming television consultation and advisory services; Telecommunications

services, namely, transmission of sound and vision via interactive multimedia networks, wireless

communications networks, intranets, decentralized networks featuring blockchain technology,

virtual environments, and the Internet in Class 038 (hereinafter, “Applicant’s Services”), which

was assigned application number 88647258.

11. The application for the Opposed Mark was filed on October 9, 2019 and use has not been alleged.

12. On information and belief, Applicant’s Services will be offered to at least some of the same

classes of consumers and through at least some of the same channels of trade as Opposer’s

Services.

13. As applied to Applicant’s Services, the Opposed Mark so resembles Opposer’s Marks as to be

likely to cause confusion, or to cause mistake, or to deceive as to the source of services.

14. Consumers of Opposer’s Services are familiar with the various adaptations and variants of the

Opposer’s Marks and likely to believe the Opposed Mark is another variant of Opposer’s Marks.

15. Opposer will be damaged by Applicant’s registration of the Opposed Mark for the Applicant’s

Services as a result of the aforementioned confusion, mistake and deception.

WHEREFORE, Opposer prays that the Opposition be sustained and the registration sought by the

Applicant be refused.

Dated: November 30, 2020 Respectfully Submitted,

/Todd A. Sullivan/______

Hayes Soloway PC 175 Canal Street Manchester, NH 03101 [email protected] 603-668-1400

Attorney for Petitioner