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Attorney/Correspondence Information Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1047221 Filing date: 04/06/2020 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 NIKE, Inc. Entity Corporation Citizenship Oregon Address One Bowerman Drive Beaverton, OR 97005 UNITED STATES Attorney informa- Helen Hill Minsker tion Banner & Witcoff, Ltd. 71 South Wacker Drive, Suite 3600 Chicago, IL 60606 UNITED STATES [email protected], [email protected], mhous- [email protected], [email protected], [email protected] 312-463-5000 Applicant Information Application No 88538436 Publication date 03/10/2020 Opposition Filing 04/06/2020 Opposition Peri- 04/09/2020 Date od Ends Applicant Lv Chunfang No. 89, Group 3, Lvjiazhuang Village Shangcheng Town, Cheng'an County Handan, Hebei, 056700 CHINA Goods/Services Affected by Opposition Class 011. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Desk lamps; Flashlights; LED lamps; LED- luminaires; Searchlights; Showers; Tap water faucets; Automatic faucets; Domestic cooking ovens; Domestic electric appliances, namely, frypans; Electric appliances for making yoghurt; Electric cof- feebrewers; Electric lighting fixtures; Hand-held showers Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Dilution by blurring Trademark Act Sections 2 and 43(c) Marks Cited by Opposer as Basis for Opposition U.S. Registration 978952 Application Date 01/31/1972 No. Registration Date 02/19/1974 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1971/06/18 First Use In Commerce: 1971/06/18 ATHLETIC SHOES WITHOUT SPIKES AND ATHLETIC UNIFORMS FOR USE WITH SUCH SHOESATHLETIC SHOES WITH SPIKES AND ATHLETICUNI- FORMS FOR USE WITH SUCH SHOES U.S. Registration 1153938 Application Date 01/16/1979 No. Registration Date 05/12/1981 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 018. First use: First Use: 1972/03/00 First Use In Commerce: 1972/03/00 ALL PURPOSE SPORTS BAGS, TRAVEL BAGS, HAND BAGS AND SHOULDER BAGS U.S. Registration 1214930 Application Date 03/23/1981 No. Registration Date 11/02/1982 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1971/06/18 First Use In Commerce: 1971/06/18 Footwear U.S. Registration 1243248 Application Date 03/23/1981 No. Registration Date 06/21/1983 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 042. First use: First Use: 1972/02/00 First Use In Commerce: 1972/02/00 Retail Footwear and Apparel Store Services U.S. Registration 1277066 Application Date 04/22/1982 No. Registration Date 05/08/1984 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1971/06/18 First Use In Commerce: 1971/06/18 ATHLETIC AND CASUAL CLOTHING FOR MEN, WOMEN AND CHILDREN- NAMELY, SHIRTS, PANTS,SHORTS, JACKETS, WARM-UP SUITS, [ SWIM- WEAR, TENNISWEAR, SKIRTS, SWEATERS, UNDERWEAR, ] HEADWEAR, SOCKS [ AND WRISTBANDS] U.S. Registration 1924353 Application Date 04/29/1993 No. Registration Date 10/03/1995 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 016. First use: First Use: 1995/04/10 First Use In Commerce: 1995/04/10 [ binders, student planners, notebooks,portfolio covers ] Class 018. First use: First Use: 1995/04/10 First Use In Commerce: 1995/04/10 pouches for carrying school materials U.S. Registration 1945654 Application Date 01/23/1995 No. Registration Date 01/02/1996 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1971/06/18 First Use In Commerce: 1971/06/18 full line of sports clothing U.S. Registration 2025926 Application Date 12/02/1994 No. Registration Date 12/24/1996 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 1995/07/26 First Use In Commerce: 1995/07/26 sports balls U.S. Registration 2196735 Application Date 10/24/1996 No. Registration Date 10/13/1998 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 014. First use: First Use: 1997/08/26 First Use In Commerce: 1997/08/26 timepieces of all types, namely, watches and chronographs U.S. Registration 2239077 Application Date 12/19/1994 No. Registration Date 04/13/1999 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 1998/01/09 First Use In Commerce: 1998/01/09 ear plugs for swimming purposes Class 028. First use: First Use: 1995/11/01 First Use In Commerce: 1995/11/01 nose clips for swimming purposes, swim goggles, kickboards, and buoys for re- creational and training use U.S. Registration 3081688 Application Date 04/30/2004 No. Registration Date 04/18/2006 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 1996/08/28 First Use In Commerce: 1996/08/28 Eyewear, namely, sunglasses, sunglass frames[, cases for eyewear,] [ parts and accessories for eyewear, namely, straps,neck cords, and head straps which re- strain eyewear from movement on a wearer ] U.S. Registration 3389746 Application Date 12/07/2004 No. Registration Date 02/26/2008 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 2002/01/00 First Use In Commerce: 2002/01/00 Golf clubs, golf balls, golf gloves, golf club grips, golf bags, golf tees, head cov- ers for golf clubs, golf ball markers U.S. Registration 3406594 Application Date 12/07/2004 No. Registration Date 04/01/2008 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2000/10/00 First Use In Commerce: 2000/10/00 Computer software in the field of health and fitness used to [ manage digital mu- sic, store and organize digital music, create custom compact discs, download di- gital music from the internet, build, manage and transfer play lists, ] log fitness data, namely, times, paces, heart rate, [ and injuries, ] create workout schedules and goals, download data from a watch to a computer; [ digital audio equipment, namely, portable digital music players and walkie talkies; compact disc players; ] [ headphones; ] specialty carrying cases for cellular telephones; [ portable digital audio equipment, and compact disc players; ] [ pedometers ] U.S. Registration 4704670 Application Date 08/26/2013 No. Registration Date 03/17/2015 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2000/12/00 First Use In Commerce: 2000/12/00 Cell phone cases; parts and accessoriesfor cell phones, namely, cell phone cov- ers, specialty carrying cases for cell phones; cases for hand-held computing devices; protective covers for hand-held computing devices; eyewear; sunglasses; goggles for sports; ski goggles; snow goggles; computer application software for smart phones and mobile devices, namely, software for social net- working, receipt and transmission of data, fitness, and fitness assessments; computer software for fitness and fitness assessments; electronic game discs, interactive game discs; sensors and electronic monitoring devices incorporating microprocessors, digital display, and accelerometers, for detecting, storing, re- porting, monitoring, uploading and downloading sport, fitness training, and activ- ity data to the internet, mobile devices, and gaming consoles, and communica- tion with mobile devices,gaming consoles and computers, electronic devices; USB hardware, USB chargers, adapters; USB adapters, pedometers; electronic monitoring devices incorporating indicators that light up and change color based on wearer's cumulative activity level U.S. Registration 5275562 Application Date 01/10/2017 No. Registration Date 08/29/2017 Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 041. First use: First Use: 2014/10/01 First Use In Commerce: 2014/10/01 Entertainment services in the nature oforganizing sporting events of all types, namely, contests, clinics, camps, tournaments and exhibitions U.S. Application 88831783 Application Date 03/12/2020 No. Registration Date NONE Foreign Priority NONE Date Word Mark NIKE Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1972/02/00 First Use In Commerce: 1972/02/00 retail store services and on-line retail store services featuring apparel, apparel accessories, footwear, footwear accessories, headwear, eyewear and accessor- ies, sporting goods and equipment, bags, sports bags, sports and fitness productsand accessories Attachments 78411705#TMSN.png( bytes ) 78528586#TMSN.png( bytes ) 78528705#TMSN.png( bytes ) 86048388#TMSN.png( bytes ) 87295796#TMSN.png( bytes ) 88831783#TMSN.png( bytes ) 007834.00325 Notice of Opposition.pdf(133834 bytes ) 007834.00325 Exhibit A.pdf(1435533 bytes ) 007834.00325 Exhibit B.pdf(34771 bytes ) Signature /helen hill minsker/ Name Helen Hill Minsker Date 04/06/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the Matter of Trademark Applicant Lv Chunfang Mark: NINIKE Serial No.: 88/538,436 Filed: July 26, 2019 Published in the Official Gazette dated March 10, 2020 Opposition No. ________ NIKE, INC., Opposer, vs. LV CHUNFANG, Applicant. NOTICE OF OPPOSITION Opposer, NIKE, Inc., a corporation of Oregon, whose address is One Bowerman Drive, Beaverton, Oregon 97005, believes it will be damaged by registration of the above-identified mark, applied for on the Principal Register by Lv Chunfang, an individual of China, and whose address is No.
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