Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA385393 Filing date: 12/22/2010 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 Rainforest Cafe, Inc. Granted to Date 12/22/2010 of previous extension Address 1510 West Loop South Houston, TX 77027 UNITED STATES

Attorney Sandra Epp Ryan information Faegre & Benson LLP 90 South Seventh Street 2200 Wells Fargo Center Minneapolis, MN 55402 UNITED STATES [email protected], [email protected] Phone:612.766.7196 Applicant Information

Application No 77886501 Publication date 08/24/2010 Opposition Filing 12/22/2010 Opposition 12/22/2010 Date Period Ends Applicant Rainforest Beverages, LLC c/o Better Body Solutions, LLC 18500 Corporate Dr, Ste 120 Brookfield, WI 53045 UNITED STATES Goods/Services Affected by Opposition

Class 032. All goods and services in the class are opposed, namely: Non-alcoholic beverages, namely, carbonated beverages Grounds for Opposition

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

U.S. Registration 2256706 Application Date 12/18/1997 No. Registration Date 06/29/1999 Foreign Priority NONE Date Word Mark RAINFOREST CAFE Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1994/09/02 First Use In Commerce: 1994/10/03 RETAIL STORE SERVICES LOCATED ON THE PREMISES OF A RESTAURANT, AND ON-LINE ORDERING SERVICES, FEATURING SOUVENIRS AND OTHER GENERAL MERCHANDISE GIFTWARE Class 042. First use: First Use: 1994/09/02 First Use In Commerce: 1994/10/03 RESTAURANT AND BAR SERVICES

U.S. Registration 2319752 Application Date 12/18/1997 No. Registration Date 02/15/2000 Foreign Priority NONE Date Word Mark RAINFOREST CAFE Design Mark

Description of NONE Mark Goods/Services Class 035. First use: First Use: 1996/06/28 First Use In Commerce: 1996/07/25 RETAIL STORE SERVICES LOCATED ON THE PREMISES OF A RESTAURANT, MAIL-ORDER CATALOG SERVICES, AND ON-LINE ORDERING SERVICES, FEATURING SOUVENIRS AND OTHER GENERAL MERCHANDISE GIFTWARE Class 042. First use: First Use: 1996/06/28 First Use In Commerce: 1996/07/25 RESTAURANT AND BAR SERVICES

U.S. Registration 2299344 Application Date 12/18/1997 No. Registration Date 12/14/1999 Foreign Priority NONE Date Word Mark RAINFOREST CAFE Design Mark

Description of NONE Mark Goods/Services Class 035. First use: First Use: 1996/07/25 First Use In Commerce: 1996/07/25 RETAIL STORE SERVICES LOCATED ON THE PREMISES OF A RESTAURANT FEATURING SOUVENIRS AND OTHER GENERAL MERCHANDISE GIFTWARE Class 042. First use: First Use: 1996/07/25 First Use In Commerce: 1996/07/25 RESTAURANT AND NIGHTCLUB SERVICES

U.S. Registration 2480320 Application Date 06/24/1998 No. Registration Date 08/21/2001 Foreign Priority NONE Date Word Mark RAINFOREST CAFE Design Mark

Description of NONE Mark Goods/Services Class 021. First use: First Use: 1999/08/00 First Use In Commerce: 1999/08/00 Mugs of ceramic, plastic and/or glass, beverage glassware, shot glasses, bottles for drinking water, sold empty, tabletop accessories, namely salt and pepper shakers, cookie jars, lunch boxes, non-metal coin banks Class 035. First use: First Use: 1999/02/03 First Use In Commerce: 1999/02/23 Retail store services located on the premises of a restaurant featuring souvenirs and other general merchandise giftware Class 042. First use: First Use: 1999/02/03 First Use In Commerce: 1999/02/23 Restaurant and bar services

Related 91197668 Proceedings

Attachments 75407883#TMSN.gif ( 1 page )( bytes ) 75407890#TMSN.gif ( 1 page )( bytes ) 75507908#TMSN.gif ( 1 page )( bytes ) NOO-77886501.pdf ( 4 pages )(2002467 bytes ) EXHIBIT A.pdf ( 17 pages )(586989 bytes )

Certificate of Service

The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address record by First Class Mail on this date.

Signature /Sandra Epp Ryan/ Name Sandra Epp Ryan Date 12/22/2010 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

______) RAINFOREST CAFE, INC. ) Opposition No. ______) Opposer, ) ) Serial No.: 77/886,501 v. ) Mark: RAINFOREST COLA ) Filed: December 4, 2009 RAINFOREST BEVERAGES , L.L.C. ) Published: August 24, 2010 ) Applicant ) ______)

NOTICE OF OPPOSITION

Opposer, Rainforest Cafe, Inc., a Minnesota corporation with a business address of

1510 West Loop South, Houston, Texas 77027-9505, believes that it would be damaged by registration of the mark RAINFOREST COLA in International Class 32 as shown in Application

Serial No. 77/886,501 filed December 4, 2009 and published in the Official Gazette on August

24, 2010, and hereby opposes the same.

As grounds for opposition, Opposer alleges as follows:

1. Opposer is the owner of the mark RAINFOREST CAFE and the RAINFOREST

CAFE stylized and design marks shown in paragraphs 2 and 3 below for restaurant services, retail store services, and various consumer retail goods. Opposer has used the RAINFOREST

CAFE mark continuously in commerce since at least as early as October 3, 1994.

2. Opposer owns the following U.S. Trademark Registrations (collectively the

ÐTCKPHQTGUV"ECHG"OctmuÑ+."yjkej"ctg"xcnkf."uwdukuvkpi"cpf"kp"hwnn"hqteg"cpf"ghhgev and have become incontestable under Section 15 of the Trademark Act, and which constitute evidence of the validity of the RAINFOREST CAFE marks and of OprqugtÓu"gzenwukxg"tkijv"vq"wug"vjg"

EXHIBIT A