2020-07-01 TTAB Notice of Opposition.Pdf(144048 Bytes )

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1065646 Filing date: 07/01/2020

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 emoji company GmbH Granted to Date 07/01/2020 of previous ex- tension Address NECKLENBROICHER STRASSE 52-54 MEERBUSCH, 40667 GERMANY

Attorney informa- MARIJAN HUCKE tion HUCKE & SCHUBERT 1732 1ST #27500 NEW YORK, NY 10128 UNITED STATES Primary Email: [email protected], [email protected] 646-396-0410

Applicant Information

Application No. 88480821 Publication date 03/03/2020 Opposition Filing 07/01/2020 Opposition Peri- 07/01/2020 Date od Ends Applicant Shenzhen DeRuiFeng Biotechnology Co., Ltd. NO.5 OF HUANCHENG SOUTH RD,LONGGANG DIST R910, BLOCK D, BANTIAN INTL CENTER SHENZHEN, GUANGDONG, 518100 CHINA Goods/Services Affected by Opposition

Class 030. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Candy; Candy with caramel; Chocolate; Coffee; Fondants; Marzipan; Petits fours;Pralines; Sweetmeats; Tea-based beverages Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) No use of mark in commerce before application Trademark Act Sections 1(a) and (c) or amendment to allege use was filed Dilution by blurring Trademark Act Sections 2 and 43(c) Dilution by tarnishment Trademark Act Sections 2 and 43(c) Marks Cited by Opposer as Basis for Opposition

U.S. Registration 4595110 Application Date 08/19/2013 No. Registration Date 09/02/2014 Foreign Priority 08/09/2013 Date Word Mark EMOJI Design Mark

Description of NONE Mark Goods/Services Class 003. First use: First Use: 0 First Use In Commerce: 0 Perfumery; essential oils, cosmetics Class 014. First use: First Use: 0 First Use In Commerce: 0 Jewellery, watches, wrist watches and pocket watches Class 016. First use: First Use: 0 First Use In Commerce: 0 Printed matter, namely, greeting cards,collectable trading cards, correspond- ence cards, postcards, paper signs; comic books; children's books; bookbinding material; photographs; stationery; adhesives for stationery or household purposes;printed instructional and teaching material for primary and secondary schools in the fields of orthography, language, mathematics and art; plastic materials for packaging, namely, plastic film for use as wrapping and packaging material for general use, plastic bags for packaging; paper, cardboard and goods made from these materials, not included in other classes, namely, advertising signs of cardboard, boxes of cardboard or paper, storage containers and packaging containers made of paper or cardboard, gift boxes made of cardboard Class 029. First use: First Use: 0 First Use In Commerce: 0 Preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; milk and milk products including ice-cream, ice milk and frozen yogurt Class 030. First use: First Use: 0 First Use In Commerce: 0 Coffee, tea, cocoa and artificial coffee; bread, pastry and confectionery made of sugar; fruit ice, confectionary ices,flavored ices, ice cream bars Class 032. First use: First Use: 0 First Use In Commerce: 0 Beers; mineral and aerated waters and other non-alcoholic beverages, namely, isotonic beverages, non-alcoholic beverages with tea flavor, vegetable juices; fruit beverages and fruit juices; syrups for making beverages, namely soft drinks or tea-flavored beverages

U.S. Registration 4868832 Application Date 08/26/2014 No. Registration Date 12/15/2015 Foreign Priority 08/15/2014 Date Word Mark EMOJI Design Mark

Description of NONE Mark Goods/Services Class 003. First use: First Use: 0 First Use In Commerce: 0 Non-medicated toiletries; shampoos for pets; shampoos; soaps; shoe polish; laundry preparations, namely, laundry bleach, laundry soap, laundry detergent; beauty masks; make-up; oils for toilet purposes, namely, baby oil, bath oils, body oils; make-up preparations; powder for make-up; oils for perfumes and scents; perfumery; perfumes; lipsticks; false nails;false eyelashes; dry shampoos; cosmetics; cosmetic pencils; cosmetics, namely, skin creams; cosmetics, namely non-medicated skin-care preparations; henna, namely, cosmetic dye; hairspray; shampoo; hair lotions; depilatory preparations; depilatory wax; scale removing preparationsfor household purposes; scented linen water; javelle water, namely, liquid soaps; deodorants for human beings and for animals; bath salts, not for medical purposes; cosmetic preparations for baths; toiletries, namely, antiperspirants; eyebrow pencils; eyebrow cosmetics; breath freshening strips; breath freshening sprays; essential oils; decorative transfersfor cosmetic purposes; aftershave; cleaning preparations; dentifrices; teeth whitening gels; polishing wax; shoe wax Class 016. First use: First Use: 0 First Use In Commerce: 0 Folders for papers; document files; photo, sticker, coin albums; stickers; paper mats for beer glasses; erasing products, namely, blackboard erasers, erasers, rubber erasers; postage stamps; writing paper; sealing stamps; inking pads; marker pens; note books; stencils; office requisites, namely, card, document, let- terfiles; towels of paper; stationery, namely, legal, memo, writing pads; greetings cards; postcards; handkerchiefs of paper; toilet paper; table covers of paper;conical paper bags; pen cases; stationery document portfolios; bags, envelopes and pouches of paper or plastics, for packaging; passport covers; bookbinding material; books in the field of coloring books, activity books, learning books; bookbindings; rubber erasers; drafting instruments, namely, erasing shields; newspapers; graphic prints; drawing pads; wrapping paper; table nap- kins of paper; stationery, namely, paper, plastic transparencies; packaging material of cardboard,namely, cardboard boxes, cardboard containers, cardboard mailing tubes; self-adhesive tapes for stationery or householdpurposes; writing implements; writing and drawing books, namely, blank writing journals, writing pads, drawing pads; writing cases, namely, stationery cases; writing materials, namely, writing implements, writing paper, writing instruments; signboards of paper or cardboard; shields, namely, paper seals; musical greetings cards; lumin- ous paper; bibs of paper; calendars; stationery envelopes; blankhandbooks for use as journals; elastic bands for offices; gummed tape for stationery use; graphic representations; graphic art reproductions; office requisites, namely, cor- recting fluids for type; plastic film for wrapping; forms, printed;prints, namely, photographs; pictures, namely, paintings, framed or unframed; figurines, namely, statuettes of papier mÃ¢chÃ©; bottle wrappers of cardboard or paper; filter paper; chromolithographs, namely, chromos; flags of paper; stationery, namely, book, document covers; printed matter, namely, printed awards, printed art reproductions, printed charts; comics; office requisites, namely, cabinetsfor stationery in the nature of desktopstationery cabinets, desk mounted stationery cabinets; banknote clips, namely, money clips; address stamps; tracing paper; drawer liners of paper, perfumed or not; stationery stickers; writing tablets; note- pads; stationery school supplies,namely, paper, construction paper, notebooks; printed tickets; cardboard; colourboard, namely, coloured paperboard Class 017. First use: First Use: 0 First Use In Commerce: 0 Rings of rubber for use as pipe connection seals; rubber, raw or semi-worked; rubber door stops; bags, envelopes and pouches of rubber, for packaging; plastics, semi-processed; self-adhesive tapes, other than for medical purposes, for stationery or for household purposes, namely, self adhesive tape for industri- al and commercial use, duct tape, drywall jointtape Class 018. First use: First Use: 0 First Use In Commerce: 0 Pocket wallets; bags, namely, envelopesand pouches of leather, for packaging; sports bags; parasols; rucksacks; trunks; collars for animals; purses; imitation- leather; credit card cases, namely, wallets; saddle cloths for horses; card cases, namely, wallets; suitcases; handbags; net bags for shopping, namely, mesh shopping bags; shopping bags, namely, reusable shopping bags, textile shopping bags, wheeled shopping bags; school bags; school satchels; athletic bags, duffle bags, travel bags; key cases; shoulder belts, namely, straps of leather; shoulder,leather straps for skates; boxes of leather or leather board; slings for carrying infants; sling bags for carrying babies; beach bags Class 021. First use: First Use: 0 First Use In Commerce: 0 Clothes pegs; fabric cleansing wipes, namely, fabric clean room wipes; lunch boxes; powder compacts; paper plates; coolbags, namely, insulated bags for food or beverage for domestic use, thermal insulated bags for food or beverages; cups of paper or plastic; saucers; flasks; biscuit tins; combs; perfume va- porizers sold empty; toothbrushes; toothpicks; toothbrushes, electric; containers of glass for household use; glass bowls; glass receptacles, namely, glass basins, drinking glasses, glass dishes; painted glassware, namely, painted beverage glassware, painted glass dishes; kitchen utensils, namely, pudding, cookie, cake moulds; ice cube moulds; bottles, sold empty; disposable table plates; buckets; bread bins; bread baskets, domestic; bread boards;frying pans; mugs; drinking glasses; drinking straws; drinking bottles for sports; drinking ves- sels; non-electric portable coolboxes, namely, non-electric portable coolers; pot lids; pots; toilet sponges; toilet roll holders; salt and pepper shakers; cake moulds; towel holders, namely, countertop holders for paper towels, towel bars, towel rings, towel rails; toilet utensils, namely, toilet brushes, toilet paper dis- pensers, toilet brush holders; plates; tableware, namely, plates, bowls, dishes, coffee services; trays for household purposes; bowls, namely, basins; biscuit cutters; kitchen and household receptacles, namely, bowls, containers for household or kitchen use; sponges for household purposes Class 022. First use: First Use: 0 First Use In Commerce: 0 Bags, namely, envelopes and pouches of textile, for packaging; hammocks; straw for stuffing upholstery; ropes; sails for ski sailing; harness, not of metal, for handling loads, namely, non-metal slings for loading, nylon straps for handling loads, belts, not of metal, for handling loads; sails; mail bags; awnings, tarpaul- ins; commercial, camouflage, fishingnets; outdoor blinds of textile Class 025. First use: First Use: 0 First Use In Commerce: 0 Trousers, namely, leggings; underclothing; underwear; T-shirts; ski gloves; socks; scarves; leather clothing, namely, leather pants, leather skirts, leather jackets; bibs, not of paper; paper hats for use as clothing items; headgear, namely, caps; overalls; morning robes; clothing, namely, ear muffs; ties; cravats; headgear, namely, hats, caps, berets; clothing, namely, jerseys; jackets; hats; knitwear clothing, namely, knit bottoms, knit tops, knit jackets; aprons; clothingaprons; clothing hoods; braces; shirts;undergarments, namely, slips; clothing gloves; gymnastic clothing, namely, tights, leotards; gymnastic shoes; half-boots; neckerchiefs; clothing belts; clothing, namely, money belts; galoshes; spats;football boots; soles for footwear; clothing wristbands; sweat-absorbent underclothing, namely, underwear; carnival costumes, namely, costumes for use in the amusement industry, masquerade costumes, halloween costumes; inner soles; dress handkerchiefs, namely, dress shields; shower caps; headgear, namely, anti-glare visors; bras; boxer shorts; bathing caps;ladies' dresses; knick- ers; women's briefs; undergarments, namely, teddies; necklets, namely, boas; briefs; sports jerseys; sports shoes; sports vests; paper clothing, namely, paper aprons, paper hatsfor use as clothing items; clothing, namely, shirts, pants, jackets; motorists'clothing, namely, motorcycle jackets, motorcycle rain suits; clothing made fromimitations of leather, namely, imitation leather tops, imitation leather bottoms, imitation leather jackets; coats; pelisses; berets; layettes for clothing; babies' pants; swimsuits; bathrobes; bath slippers; bath sandals; suits; parkas; pockets for clothing; uniforms; waistcoats; sweaters; tights; stocking suspenders; stockings; beach shoes; beach clothes,namely, beach coverups, beachwear; boots; esparto shoes and sandals; clothing, namely, headbands; swimming shorts Class 026. First use: First Use: 0 First Use In Commerce: 0 Sewing thimbles; snap fasteners; heat adhesive patches for repairing textile art- icles; ornamental novelty badges; spangles for clothing; mica spangles; belt clasps; hair ornaments; hair bands; artificial garlands; brooches for clothing; shoe laces; buckles for clothing; zippers;artificial beads, other than for mak- ingjewellery; elastic ribbons; ornamental novelty badges for wear, not of pre- ciousmetal; buttons; hair bands; trouser clips for cyclists Class 027. First use: First Use: 0 First Use In Commerce: 0 Gymnastic mats; door mats; floor coverings of vinyl; floor coverings; bath mats; floor mats for cars; floor, beach, rubber mats; gymnastic mats; carpets Class 029. First use: First Use: 0 First Use In Commerce: 0 Potato crisps; fruit jellies; fruit pulp; fruit salads; candied, dehydrated fruit snacks; fruit chips; fruit preserved in alcohol; cheese; curd; soya milk; tofu; rais- ins; nuts, prepared; whey; milk products excluding ice cream, ice milk and frozen yogurt; milk shakes; milk; marmalade; margarine; jams; compotes; condensed milk; yoghurt; eggs; jellies for food; quark, namely, curd Class 030. First use: First Use: 0 First Use In Commerce: 0 Confectionery, namely, frozen confectionery, fondants, crystal sugar pieces; rusks; pasta; chocolate; chocolate mousses; puddings; popcorn; pizzas; pancakes; muesli; marzipan; almond confectionery, namely, almond cake, almond paste, sugar-coated almonds; liquorice, confectionery; stick liquorice, confectionery; pastry; ice; biscuits; ketchup; frozen yoghurt, namely, confectionery ices; cakes; honey; semolina; groats for human food, namely, processed grains; cereal flakes, namely, breakfast cereals, processed cereals; cereal bars; pastries; royal jelly for food purposes; confectionery fruit jellies, namely, fruit jelly candy; confectionery fondants; iced tea; ice cream; cheeseburger sandwiches; bread; sweets; confectionery, namely, pastilles; confectionery for decorating Christmas trees; waffles; sugar; tarts; dough; tea; ices; rice cakes; rice-based snack food; ice, natural or artificial; ravioli; popcorn;petits fours cakes; high-protein cereal- bars; oat- based food, namely, crushed oats, oatmeal, rolled oats; pasta; pas- tameals, namely, pasta salad, prepared pasta; cocoa beverages with milk; coffee beverages with milk; maize flakes; gingerbread; mayonnaise; crackers; chewing gum; cocoa-based beverages; caramels; candy; coffee-based beverages; artificial coffee; cereal snacks, namely, cereal-basedsnack foods; confectionery, namely, dessert mousses; brioche Class 032. First use: First Use: 0 First Use In Commerce: 0 Pastilles for effervescing beverages, namely, powders for making soft drinks; powders for making effervescing beverages; beverages, namely, drinking, bottled, mineral, aerated waters; tomato juice beverages; table waters; sorbets in the form of beverages; soda water; smoothies; syrups for beverages; seltzer water; preparations for making beverages, namely, fruit drinks; whey beverages; malt beer;lemonades; syrups for making lemonade; aerated water; beverages, namely, vegetable juices; fruit juices; non-alcoholic fruit nectars; isotonic beverages; cocktails, non-alcoholic; beer; aloe vera drinks, non-alcoholic; aperitifs, non-alcoholic; non-alcoholic honey-based beverages; non-alcoholic fruit juice beverages; non-alcoholic beverages, namely, fruit juices and fruit drinks; es- sences for making non-alcoholic beverages

U.S. Registration 5365487 Application Date 12/08/2015 No. Registration Date 12/26/2017 Foreign Priority NONE Date Word Mark EMOJI Design Mark

Description of NONE Mark Goods/Services Class 030. First use: First Use: 2016/04/00 First Use In Commerce: 2016/04/00 Confectionery, namely, frozen confectionery, fondants, crystal sugar pieces; rusks; chocolate; chocolate mousses; puddings; pizzas; pancakes; muesli; marzipan;almond confectionery, namely, almond cake, almond paste, sugar-coated almonds; liquorice, confectionery; stick liquorice, confectionery; pastry; ice; biscuits;ketchup; frozen yoghurt, namely, confectionery ices; cakes; honey; processed semolina; groats for human food, namely, processed grains; cereal flakes, namely, breakfast cereals, processed cereals; cereal bars; pastries; royal jelly for food purposes; confectionery fruit jellies,namely, fruit jelly candy; confectionery fondants; iced tea; ice cream; cheeseburger sandwiches; bread; sweets; confectionery, namely, pastilles; confectioneryfor decorating Christmas trees; waffles; sugar; tarts; dough; tea; ices; rice cakes; rice-based snack food; ice, natural or artificial; ravioli; popcorn; petits fours cakes; high-protein cereal bars;oat- based food, namely, crushed oats, oatmeal, rolled oats; pasta; pasta meals, namely, pasta salad, prepared pasta; cocoa beverages with milk; coffee beverages with milk; maize flakes; gingerbread;mayonnaise; crackers; chewing gum; cocoa-based beverages; caramels; candy; coffee-based beverages; artificial coffee; cereal snacks, namely, cereal-based snackfoods; confectionery, namely, dessert mousses; brioche, wine gum, lollipops, bonbons

U.S. Registration 4918272 Application Date 07/17/2015 No. Registration Date 03/15/2016 Foreign Priority 06/16/2015 Date Word Mark EMOJIPLANET Design Mark

Description of NONE Mark Goods/Services Class 030. First use: First Use: 0 First Use In Commerce: 0 Bonbons made of sugar; Sweetmeats; Rusks; Pasta; Chocolate; Chocolate mousses; Puddings; Popcorn; Pizzas; Pancakes; Muesli; Marzipan; Almond confectionery; Liquorice; Stick liquorice; Cake dough; Ice; Cookies; Tomato ketchup; Frozen yogurt; Cakes; Semolina; Groats for human food; Tortilla chips; Cereal bars; Pastry; Royal jelly; Fruit jellies; Fondants; Iced tea; Ice cream; Cheeseburgers; Bread; Pastilles; Confectionery for decorating Christmas trees; Waffles; Sugar; Dough; Tea; Ices; Rice cakes; Rice-based snack food; Ice, natural or artificial; Ravioli; Petits fours; High-protein cereal bars; Oat-based food; Noodles; Noodle-basedprepared meals; Cocoa beverages with milk; Coffee beverages with milk; Corn flakes; Gingerbread; Mayonnaise; Crackers; Chewing gum; Cocoa-based beverages; Caramels; Coffee-based beverages; Artificialcof- fee; Cereal-based snack food; Dessert mousses; Buns; Honey

U.S. Registration 5127348 Application Date 04/27/2016 No. Registration Date 01/24/2017 Foreign Priority NONE Date Word Mark THE EMOJIS Design Mark

Description of NONE Mark Goods/Services Class 030. First use: First Use: 0 First Use In Commerce: 0 Coffee; Tea; Bread; Pastries; Sweetmeats; Ices, namely, water ice, ice cubes; Bonbons made of sugar; Rusks; Pasta; Chocolate; Chocolate mousses; Pud- dings; Popcorn; Pizzas; Pancakes; Muesli; Marzipan;Almond confectionery; Li- quorice; Stick liquorice; Cake dough; Ice; Cookies; Tomato ketchup; Frozen yogurt; Cakes; Honey; processed Semolina; Groats for human food; pita, chocolate, bagel, butterscotch, corn, flour-based, grain-based, pretzel, taco, tortilla, peanut butter confectionery and wonton Chips; Cereal bars; Royal jelly for food purposes; Fruit jelly candy; Fondants; Iced tea; Ice cream; Cheeseburgers; confectionery, namely, Pastilles; Confectionery for decorating Christmas trees; Waffles; Dough; Rice cakes; Rice-based snack food; Ice, natural or artificial; Ra- violi; Petits fours; High-protein cereal bars; Oat-based food, NAMELY, oatmeal, cereals; Noodles; Noodle-based prepared meals; Cocoa beverages with milk; Coffee beverages with milk; Corn flakes; Gingerbread; Mayonnaise; Crackers; Chewing gum; Cocoa-based beverages; Caramels; Candy; Coffee-based beverages; Artificial coffee; Cereal-based snackfood; Dessert mousses; Buns; Sugar; Pastry; Coffee, teas and cocoa and substitutes therefor; Pastries, cakes, tarts andbiscuits in the nature of cookies

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Signature /MHUCKE/ Name MARIJAN HUCKE Date 07/01/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the Matter of Application Serial No. 88480821 For the mark: HMOJI NUTRITION Published: March 3, 2020

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –X emoji company GmbH, :

: Opposition No. Opposer, : […]

: v. :

: Shenzhen DeRuiFeng Biotechnology Co., Ltd. : :

Applicant. :

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –X

NOTICE OF OPPOSITION

Opposer, emoji company GmbH, a company organized and existing under the laws of Germany with a principal place of business at Necklenbroicher Strasse 52-54, 40667 Meerbusch, Germany, believes that it will be damaged by the issuance of a registration for the alleged mark shown in Application Serial No. 88480821. Opposer hereby opposes same pursuant to Section 13(a) of the Lanham Trademark Act of 1946 ("Lanham Act"), 15 U.S.C. § 1063(a). As grounds for opposition, Opposer alleges as follows:

1. Opposer is a well-known German licensing company and owner of the emoji and emoji family of trademarks that are used throughout the world, in particular in interstate commerce in the United States through renowned companies such as the Sony Pictures Animation, Inc, Nestlé, Ferrero and other well-known companies.

2. Opposer is the owner of valid and subsisting United States Trademark Registration No. 4595110 for trademark EMOJI, Registration No. 4868832 for trademark EMOJI, Registration No. 5365487 for trademark EMOJI, Registration No. 4918272 for trademark EMOJIPLANET and Registration No. 5127348 for trademark THE EMOJIS on the Principal Register in the United States Patent and Trademark Office (hereinafter "EMOJI") inter alia for goods in Classes 30.

3. Opposer has used the “EMOJI” Marks in interstate commerce in the United States continuously since at least as early as July 2016 in connection with the manufacture, distribution, provision, offering for sale, sale, marketing, advertising and promotion of various goods and services including candy and confectionery, in particular Opposer has granted a trademark license to its trademarks to Ragolds USA Inc.

4. As a result of its widespread, continuous, and exclusive use of the EMOJI Marks to identify its goods and services and Opposer as their source, Opposer owns valid and subsisting federal statutory and common law rights to the EMOJI Marks.

5. Opposer's EMOJI Marks are distinctive to both the consuming public and Opposer's trade.

6. Opposer has expended substantial time, money, and resources marketing, advertising, and promoting the goods and services sold under the EMOJI Marks.

7. The EMOJI Mark has been continuously voted as one of the most influential brands and has been placed third most influential brand in the Power List of 2017.

8. The goods and services Opposer offers under the EMOJI Marks are of high quality.

9. As a result of its distinctiveness and widespread use and promotion throughout the United States, Opposer's EMOJI Mark is a famous trademark within the meaning of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c), and became famous prior to the filing date of October 16, 2019 in the opposed application or any other priority date on which the applicant may rely.

Upon information and belief, Shenzhen DeRuiFeng Biotechnology Co., Ltd., on June 19, 2019 filed trademark Application Serial No. 88480821 to register the proposed mark HMOJI NUTRITION for " Candy; Candy with caramel; Chocolate; Coffee; Fondants; Marzipan; Petits fours; Pralines; Sweetmeats; Tea-based beverages" in International Classes 30.

10. Opposer's EMOJI mark has priority over the proposed mark because Opposer's use, filing and registration dates predate the Applicant's filing date or any other date on which the Applicant may rely for purposes of priority.

11. Applicant's proposed mark HMOJI NUTRITION is confusingly similar to Opposer's EMOJI Marks, in particular, it is aurally and visually similar to Opposer’s EMOJI marks. The addition of the term “NUTRITION” is merely descriptive for food for which Applicant seeks registration. Applicant has therefore disclaimed “NUTRITION”. Furthermore, given the fact that Opposer owns a family of EMOJI marks which is extensively used, consumers are likely to confuse Applicant’s proposed mark with Opposer’s EMOJI marks. The trademarks are similar in sound, appearance, connotation and commercial impression.

2 12. The goods covered by the Applicant's Application Serial No. 88480821 are highly similar to the goods or services Opposer offers under its EMOJI Mark. In re Albert Trostel & Sons Co., 29 USPQ2d 1783 (TTAB 1993); In re Kabushiki Kaisha Lawson, (TTAB 2015);

FIRST GROUND FOR OPPOSITION -- LIKELIHOOD OF CONFUSION

13. The proposed mark is barred from registration because it consists of or comprises a mark which so resembles Opposer's previously used and registered EMOJI mark as to be likely, when used in connection with the alleged services of Applicant, to cause confusion, mistake, or deception within the meaning of 15 U.S.C. § 1052(d).

SECOND GROUND FOR OPPOSITION -- DILUTION

14. Opposer's EMOJI Mark is distinctive and a "famous mark" within the meaning of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).

15. Opposer's EMOJI Mark became distinctive and famous prior to the filing date of in Applicant's application or any other date on which Applicant may seek to rely for purposes of priority.

16. Registration by Applicant of the proposed mark HMOJI NUTRITION for Applicant's proposed goods and services would be likely to impair the distinctiveness, and cause dilution by blurring, of Opposer's famous EMOJI Mark in violation of 15 U.S.C. § 1125(c). Accordingly, pursuant to 15 U.S.C. § 1063, the proposed mark HMOJI NUTRITION is not entitled to registration.

17. Registration by Applicant of the proposed mark HMOJI NUTRITION for Applicant's proposed goods and service would be likely to tarnish the reputation, and cause dilution by tarnishment, of Opposer's famous EMOJI Mark in violation of 15 U.S.C. § 1125(c). Accordingly, pursuant to 15 U.S.C. § 1063, the proposed mark HMOJI NUTRITION is not entitled to registration.

WHEREFORE, Opposer respectfully prays that its opposition be sustained and that registration to Applicant be refused.

Dated: July 1, 2020 NewYork, NY

Respectfully submitted, HUCKE & SCHUBERT

/MARIJAN HUCKE/ ______Marijan Stephan Hucke, Esq. 1732 1st Ave Ste 27500 10128 New York, New York 646-396-0410 [email protected] Attorneys for emoji company GmbH