Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA317910 Filing date: 11/19/2009 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 MJ Sancus, Inc. d/b/a Average Joe#s Entity Corporation Citizenship Ohio Address 8453 Sancus Blvd. Columbus, OH 43240 UNITED STATES
Attorney Robert R. Lech information Lech Law, LLC P.O. Box 3473 Dublin, OH 43016 UNITED STATES [email protected] Phone:614-530-1284 Applicant Information
Application No 77300827 Publication date 10/20/2009 Opposition Filing 11/19/2009 Opposition 11/19/2009 Date Period Ends Applicant ON KORE, LLC 814-16 Broad Ripple Avenue Indianapolis, IN 46220 UNITED STATES Goods/Services Affected by Opposition
Class 043. First Use: 1994/00/00 First Use In Commerce: 1994/00/00 All goods and services in the class are opposed, namely: Restaurant and bar services Grounds for Opposition
Torres v. Cantine Torresella S.r.l.Fraud 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986) Other Applicant is not the rightful owner of the mark. Anheuser-Busch Inc. v. The Florists Association of Greater Cleveland, Inc., 29 USPQ2d 1146 (TTAB 1993); Treadwell#s Drifters Inc. v. Marshak, 18 USPQ2d 1318, 1320 (TTAB 1990); and Kemin Industries, Inc. v. Watkins Products, Inc., 192 USPQ 327, 328 (TTAB 1976). The term for which registration is sought is not distinctive or has not been used as a trademark or service mark. Anheuser-Busch Inc. v. The Florists Association of Greater Cleveland, Inc., 29 USPQ2d 1146 (TTAB 1993); and Marshall Field & Co. v. Mrs. Fields Cookies, 11 USPQ 2d 1355 (TTAB 1989). Applicant#s mark has been abandoned due to a course of conduct that has caused the mark to lose significance as an indication of source. Woodstock#s Enterprises Inc. v. Woodstock#s Enterprises Inc., 43 USPQ2d 1440 (TTAB 1997), affirmed. Opposer seeks to restrict or modify the goods and services by the addition of wording that identifies the goods and services in terms in a particular manner. Trademark Act section 18, DAK Industries Inc. v. Daiichi Kosho Co., 35 USPQ 2d 1434 (TTAB 1995) and Eurostar Inc. v. #Euro-Star# Reitmoden GmbH & Co. KG, 34 USPQ2d 1266 (TTAB 1994).
Attachments NOA77300827.pdf ( 7 pages )(192235 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 /Robert R. Lech/ Name Robert R. Lech Date 11/19/2009