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Notice of Opposition Opposer Information Applicant Information Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1066139 Filing date: 07/06/2020 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 Panda Life Ltd Granted to Date 07/05/2020 of previous ex- tension Address 447 HIGH ROAD LONDON, N12 0AF UNITED KINGDOM Attorney informa- LORI S. MEDDINGS tion QUARLES & BRADY LLP 33 E MAIN STREET SUITE 900 MADISON, WI 53703 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected], [email protected], [email protected], [email protected] 6082832653 Docket Number Applicant Information Application No. 88340788 Publication date 01/07/2020 Opposition Filing 07/06/2020 Opposition Peri- 07/05/2020 Date od Ends Applicant REMKA, INC. 7171 HWY 6 N, SUITE 290 HOUSTON, TX 77095 UNITED STATES Goods/Services Affected by Opposition Class 024. First Use: 2019/01/10 First Use In Commerce: 2019/01/10 All goods and services in the class are opposed, namely: Bedding, namely, bundle bags, swaddlingb- lankets, fitted bed sheets, skirts, bed blankets; Pillow covers; Baby bedding,namely, bundle bags, swaddling blankets, lap blankets, crib bumpers, filled crib shits, crib skirts, crib blankets and diaper changing pad covers not of paper;Fabric drapes designed to conceal the act of breastfeeding in pub- lic; Throw blankets; Children's blankets; Sleeping bagliners; Crib canopies; Bed pads; Duvets; Sleep- ing bags; Sheets sets; Bed spreads; Comforters; Quilts; Curtains; Covers for cushions; Towels; Bath towels; Towelsets; Children's towels; Beach Towels; Shower curtains; Towels that may be wornas a dress or similar garment; Bath gloves; Bunting fabric; Wash cloths; Table cloths, not of paper; Table cloths of textile; Kitchen linens and towels; Travelling rugs; Diaper changing cloths for babies; Textile wall hangings; Cloth flags; Banners of textile; Draperies; Fabric window coverings and treatments, namely,sheers; Swags; Fabric valances; Pet blankets; Reusable house training pads of fabric for pets; Fitted bed sheets for pets; Pet overnight sets comprised primarily of a pet blanket and also in- cluding pet pajamas sold as a unit in a bag; Insecticide-treated mosquito nets; Plastic flags; Table runners of plastic; Table runners of textiles; Picnic blankets; Wallhangings of textile Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Mark Cited by Opposer as Basis for Opposition U.S. Registration 4833551 Application Date 11/17/2014 No. Registration Date 10/13/2015 Foreign Priority NONE Date Word Mark PANDA LIFE Design Mark Description of NONE Mark Goods/Services Class 020. First use: First Use: 2015/04/09 First Use In Commerce: 2015/04/09 mattresses, pillows Class 024. First use: First Use: 2015/04/09 First Use In Commerce: 2015/04/09 Bed sheets, bed blankets, bed spreads, bed quilts, pillow cases Attachments 86456541#TMSN.png( bytes ) 2020.07.06 Notice of Opposition.pdf(4058387 bytes ) Signature /Lori S. Meddings/ Name LORI S. MEDDINGS Date 07/06/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Panda Life Ltd., Opposition No. _____________ Opposer, U.S. App. Serial No. 88/340,788 v. Mark: COMBO PANDA Remka, Inc., Applicant. NOTICE OF OPPOSITION Panda Life Ltd. (“Opposer”), a limited liability company duly organized and existing under the laws of the United Kingdom, located and doing business at 447 High Road, London, N12 0AF, United Kingdom, believing that it will be damaged by registration, pursuant to 15 U.S.C. § 1063(a), hereby opposes Application Serial No. 88/340,788 (“the ‘788 Application”) for the word mark COMBO PANDA (herein “COMBO PANDA Mark”), filed on March 14, 2019, under the Trademark Act of 1946, published for opposition in the Official Gazette of January 7, 2020 at p. TM 1685, in the name of Remka, Inc. (“Applicant”). The grounds for this Opposition are as follows: 1. Prior to Applicant’s filing date, Opposer engaged—and continues to engage—in the advertising, promotion, sale, and offering for sale in interstate commerce of goods including bed and bath products made with bamboo fiber, in connection with various PANDA-formative marks. QB\63822734.2 Opposer’s PANDA-formative Marks 2. Prior to Applicant’s filing date, Opposer used, and is now using Opposer’s PANDA-formative marks in connection with Opposer’s goods, including products made with bamboo fiber, that are advertised, promoted, sold, and/or rendered by Opposer in commerce. Opposer’s PANDA-formative marks include, but are not limited to: PANDA, PANDA LIFE, PANDA LONDON, and . 3. Opposer’s PANDA-formative marks have been in use, including within United States interstate commerce, in connection with goods, including bed and bath products, since at least April, 2015. 4. Opposer has sold and offered for sale, and is selling and offering for sale, bed and bath goods, including memory foam bamboo pillows, using PANDA-formative marks online, including selling or offering to sell within the United States. Attached as Exhibit A are examples of Opposer’s use of PANDA-formative marks online. 5. Attached as Exhibit B are additional examples of Opposer’s use of PANDA- formative marks on Opposer’s website located at www.mypandalife.com and www.pandalondon.com. 2 QB\63822734.2 6. Opposer is the owner of, and will rely upon, the following United States registration: Mark Registration No. Registration Goods Date Class 20: mattresses, pillows. PANDA LIFE U.S. 4,833,551 Oct. 13, 2015 Class 24: Bed sheets, bed blankets, bed spreads, bed quilts, pillow cases. (First Use: Apr. 9, 2015) Captured information from the TESS, TSDR and Assignment electronic databases of the U.S. Patent & Trademark Office (“USPTO”) showing the current status and title of U.S. Registration No. 4,833,551 is attached as Exhibit C. Said registration is valid and subsisting, and is prima facie evidence of Opposer’s exclusive right to use the PANDA LIFE mark in commerce in connection with the goods specified in the registration. 7. Opposer owns the following United States trademark application: Mark Application File Date Goods Serial No. Class 20: Pillows; head-supporting pillows; neck-supporting pillows; mattresses; mattresses for children's beds; pillows and cushions; neck pillows other than for medical or surgical use; mattress toppers; bed mattresses. 79/254,468 Jan. 21, 20191 Class 24: Pillow cases; pillow covers; bed sheets; bed linen; bed blankets; towels; large bath towels; bath towels; duvet covers; duvets; bed throws; bed spreads; mattress covers; mattress protector pads; muslin fabric squares; muslin fabric. 1 Application Serial No 79/254,468 is an international registration with a Section 67 priority claim date of November 28, 2018. 3 QB\63822734.2 8. Application Serial No. 79/254,468 is currently suspended. Should the pending federal application mature into a registration during the pendency of this proceeding, Opposer intends to rely upon the matured registration, and said mark has priority over Applicant’s COMBO PANDA Mark. 9. Since its initial use, Opposer has advertised, promoted, offered, and sold Opposer’s goods in connection with PANDA-formative marks to the public through channels of trade in commerce, with the result that Opposer’s customers and the relevant purchasing public in general have come to know and recognize Opposer’s PANDA-formative marks and associate the same with Opposer and/or the goods promoted, offered, and sold by Opposer. Opposer has invested in the advertising and promoting of its goods under its PANDA-formative marks. 10. Opposer has goodwill in connection with the sale of its goods in connection with the PANDA-formative marks. Applicant’s Mark and Application 11. Upon information and belief, Applicant is a corporation organized under the laws of Texas and residing at 7171 Hwy 6 N, Suite 290, Houston, Texas. 12. The prosecution history for the ‘788 Application shows that, on March 14, 2019, Applicant applied under Trademark Act Section 1(a) for registration of the COMBO PANDA Mark, with a claimed first use date of January 10, 2019. 13. The ‘788 Application was published for Opposition in the Trademarks Official Gazette on January 7, 2020. 14. As published for Opposition, the goods recited in the ‘788 Application are: Class 24: Bedding, namely, bundle bags, swaddling blankets, fitted bed sheets, skirts, bed blankets; Pillow covers; Baby bedding, namely, bundle bags, swaddling blankets, lap blankets, crib bumpers, filled crib shits, crib skirts, crib blankets and diaper changing pad covers not of paper; Fabric drapes designed to conceal the act 4 QB\63822734.2 of breastfeeding in public; Throw blankets; Children's blankets; Sleeping bag liners; Crib canopies; Bed pads; Duvets; Sleeping bags; Sheets sets; Bed spreads; Comforters; Quilts; Curtains; Covers for cushions; Towels; Bath towels; Towel sets; Children's towels; Beach Towels; Shower curtains; Towels that may be worn as a dress or similar garment; Bath gloves; Bunting fabric; Wash cloths; Table cloths, not of paper; Table cloths of textile; Kitchen linens and towels; Travelling rugs; Diaper changing cloths [sic] for babies; Textile wall hangings; Cloth flags; Banners of textile; Draperies; Fabric window coverings and treatments, namely, sheers; Swags; Fabric valances; Pet blankets; Reusable house training pads of fabric for pets; Fitted bed sheets for pets; Pet overnight sets comprised primarily of a pet blanket and also including pet pajamas sold as a unit in a bag; Insecticide-treated mosquito nets; Plastic flags; Table runners of plastic; Table runners of textiles; Picnic blankets; Wall hangings of textile. 15. Applicant filed a Specimen of Use on March 14, 2019 showing COMBO PANDA used to describe a pillowcase product on an Amazon.com product listing.
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