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IN the UNITED STATES PATENT and TRADEMARK OFFICE BEFORE the TRADEMARK TRIAL and APPEAL BOARD Notice of Opposition

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IN the UNITED STATES PATENT and TRADEMARK OFFICE BEFORE the TRADEMARK TRIAL and APPEAL BOARD Notice of Opposition Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1121424 Filing date: 03/18/2021 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 K2 Sports, LLC Granted to Date 03/20/2021 of previous ex- tension Address 413 PINE ST., SUITE 300 SEATTLE, WA 98101 UNITED STATES Attorney informa- CINDY L. CADITZ tion DAVIS WRIGHT TREMAINE LLP 920 FIFTH AVENUE, SUITE 3300 SEATTLE, WA 98104 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected], mi- [email protected], [email protected] 206.757.8097 Docket Number 91399-277 Applicant Information Application No. 90117512 Publication date 01/19/2021 Opposition Filing 03/18/2021 Opposition Peri- 03/20/2021 Date od Ends Applicant Chen Mulan NO. 12, QINSHAN, ZHUODONG VILLAGE PINGHAI TOWN, XIUYU DISTRICT PUTIAN CITY, FUJIAN, 351100 CHINA Goods/Services Affected by Opposition Class 025. First Use: 2020/08/12 First Use In Commerce: 2020/08/12 All goods and services in the class are opposed, namely: Boots; Footwear; Pajamas; Shoes; Socks;Swim caps; Swim suits; Swim trunks; Yoga pants; Yoga shirts; Yoga socks; Yoga tops; Leath- er shoes; Leisure shoes; Skiing shoes; Sports shoes Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition U.S. Registration 1878248 Application Date 09/03/1992 No. Registration Date 02/07/1995 Foreign Priority NONE Date Word Mark RIDE Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 1992/09/00 First Use In Commerce: 1992/12/00 snowboards and accessories for snowboards; namely, snowboard boots, snow- board bindings and parts therefor, snowboard boot bags and snowboard leashes U.S. Registration 4431131 Application Date 09/14/2012 No. Registration Date 11/12/2013 Foreign Priority NONE Date Word Mark RIDE Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1993/03/00 First Use In Commerce: 1993/03/00 Clothing, namely, jackets, coats, parkas, sweatshirts, pullovers, shirts, t-shirts, pants, snowboard pants, ski bibs, gloves, hats, caps, [balaclavas, head bands, neckwear and belts;] snowboard boots Attachments Notice of Opposition - EIFRIDE 90117512.pdf(34810 bytes ) Signature /Cindy Caditz/ Name Cindy L. Caditz Date 03/18/2021 1 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD 2 K2 SPORTS, LLC, an Indiana limited liability 3 company, Opposition No. 4 Opposer, Application Serial No. 90/117,512 5 v. NOTICE OF OPPOSITION 6 CHEN MULAN, an individual citizen of China, 7 Applicant. 8 TO THE COMMISSIONER FOR TRADEMARKS 9 TRADEMARK TRIAL AND APPEAL BOARD: 10 K2 Sports, LLC, a limited liability company of the State of Indiana, having a place of 11 business at 413 Pine Street, Third Floor, Seattle, Washington 98101 (hereinafter "Opposer"), 12 13 believes that it will be damaged by registration of the trademark EIFRIDE in International Class 14 25 as requested by U.S. Application Serial No. 90/117,512, and hereby opposes the same. As 15 grounds for the opposition, Opposer alleges as follows. 16 1. On information and belief, Chen Mulan is an individual citizen of China with an 17 address of No. 12, Qinshan, Zhuodong Village, Pinghai Town, Xiuyu District, Putian City, 18 Fujian, CHINA 351100 (hereinafter "Applicant"). 19 2. Continuously since long prior to any date upon which Applicant can rely, 20 21 Opposer has used the trademark RIDE in association with the sale of snowboards, snowboard 22 accessories, and clothing. 23 3. Opposer is the owner of U.S. Registration No. 1,878,248 for the trademark RIDE 24 for snowboards and accessories for snowboards, namely, snowboard boots, snowboard bindings 25 and parts therefor, snowboard boot bags and snowboard leashes, in International Class 28. Said 26 registration issued February 7, 1995, in International Class 28, setting forth a date of first use of 27 Davis Wright Tremaine LLP LAW OFFICES NOTICE OF OPPOSITION - 1 Suite 3300, 920 Fifth Avenue Seattle, Washington 98104-1610 (206) 622-3150 Fax: (206) 757-7700 September 1992 and representing a priority date of September 3, 1992, pursuant to 15 U.S.C. 1 § 1057(c). Registration No. 1,878,248 is currently valid, subsisting, and incontestable. 2 3 4. Opposer is the owner of U.S. Registration No. 4,431,131 for the trademark RIDE 4 for clothing, namely, jackets, coats, parkas, sweatshirts, pullovers, shirts, t-shirts, pants, 5 snowboard pants, ski bibs, gloves, hats, caps, and snowboard boots, in International Class 25. 6 Said registration issued November 12, 2013, in International Class 25, setting forth a date of first 7 use at least as early as March 1993. Registration No. 4,431,131 is currently valid, subsisting, and 8 incontestable. 9 10 5. The mark EIFRIDE claimed by Application Serial No. 90/117,512 so resembles 11 Opposer's mark RIDE when used in association with the goods claimed by Application Serial 12 No. 90/117,512 as to be likely to cause confusion, or to cause mistake, or to deceive within the 13 meaning of Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d). The entirety of Opposer’s 14 mark RIDE is subsumed in the mark EIFRIDE. 15 6. Opposer will be damaged by the registration sought by Applicant insofar as the 16 registration will be prima facie evidence of the validity of the registration, Applicant's ownership 17 18 of the mark EIFRIDE for the goods claimed by Application Serial No. 90/117,512, and 19 Applicant's exclusive right to use the mark EIFRIDE in association with the goods claimed by 20 Application Serial No. 90/117,512 when, in fact, Applicant is not entitled to said rights by virtue 21 of Opposer's prior and continuous use of the mark RIDE for snowboards, snowboard accessories, 22 and clothing, which are sold in the same channels of trade in which the goods claimed by 23 Application Serial No. 90/117,512 are sold. Applicant has requested registration of the mark 24 EIFRIDE for clothing expressly including, inter alia, boots, footwear, socks, skiing shoes and 25 26 27 Davis Wright Tremaine LLP LAW OFFICES NOTICE OF OPPOSITION - 2 Suite 3300, 920 Fifth Avenue Seattle, Washington 98104-1610 (206) 622-3150 Fax: (206) 757-7700 sports shoes which goods are sold adjacent to snowboards, snowboard boots, and snowboard 1 clothing. 2 3 7. Based upon the foregoing, registration of the mark EIFRIDE as requested by 4 Application Serial No. 90/117,512, filed August 17, 2020, is likely to cause injury and damage to 5 Opposer. 6 WHEREFORE, Opposer respectfully requests that registration of the mark EIFRIDE as 7 requested by Application Serial No. 90/117,512, be denied under Section 2(d) of the Lanham 8 Act, 15 U.S.C. § 1052(d), and that this Opposition be sustained. 9 10 Please charge the filing fee of US $600.00 to Deposit Account No. 04-0258 of Opposer's 11 counsel noted below. 12 Please direct all correspondence to Cindy L. Caditz of Davis Wright Tremaine LLP at the 13 following address: 14 Cindy L. Caditz 15 Davis Wright Tremaine LLP 920 Fifth Avenue, Suite 3300 16 Seattle, WA 98104-1610 17 Please direct all telephone calls to Cindy L. Caditz at 206-757-8097. 18 DATED this 18th day of March, 2021. 19 20 DAVIS WRIGHT TREMAINE LLP Attorneys for K2 Sports, LLC 21 22 By s/Cindy Caditz Cindy L. Caditz 23 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 24 Tel: 206-757-8097 Fax: 206-757-7097 25 Email: [email protected] 26 27 Davis Wright Tremaine LLP LAW OFFICES NOTICE OF OPPOSITION - 3 Suite 3300, 920 Fifth Avenue Seattle, Washington 98104-1610 (206) 622-3150 Fax: (206) 757-7700 CERTIFICATE OF FILING 1 I hereby certify that this NOTICE OF OPPOSITION to U.S. Trademark Application 2 Serial No. 90/117,512 for the mark EIFRIDE is being filed with the Trademark Trial and Appeal 3 Board using the ESTTA filing system of the U.S. Patent and Trademark Office on the below date. 4 Date: March 18, 2021 s/Cindy L. Caditz 5 CERTIFICATE OF SERVICE 6 I hereby certify that this NOTICE OF OPPOSITION to U.S. Trademark Application Serial 7 No. 90/117,512 for the mark EIFRIDE is being duly served upon the Applicant’s counsel by email 8 sent to [email protected], [email protected] and [email protected] and via the U.S. Postal Service in a sealed envelope as first-class mail with postage thereupon fully prepaid and 9 addressed to the following address: 10 Nyall Engfield Esq. (China Office) No. 337 Jiahe Road, Siming District 11 Room 2012, Zhongguanwei Bldg. 12 Xiamen, Fujian China 361000 13 Date: March 18, 2021 s/Emily A. Eskew 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Davis Wright Tremaine LLP LAW OFFICES NOTICE OF OPPOSITION - 4 Suite 3300, 920 Fifth Avenue Seattle, Washington 98104-1610 (206) 622-3150 Fax: (206) 757-7700 .
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