Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA628717 Filing date: 09/23/2014 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91215279 Party Defendant Alternative Apparel, Inc. Correspondence ERICA L TRITT Address THE SLADKUS LAW GROUP 1827 POWERS FERRY RD SE BLDG 6 STE 200 ATLANTA, GA 30339-5687 UNITED STATES
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[email protected] Submission Reply in Support of Motion Filer's Name Erica L. Tritt Filer's e-mail
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[email protected] Signature /Erica L. Tritt/ Date 09/23/2014 Attachments Applicant's Reply Brief - Alternative Earth.pdf(101202 bytes ) Exhibit A (Reply Brief).pdf(267254 bytes ) Exhibit B - Reply Brief.pdf(259890 bytes ) Exhibit C - Reply Brief.pdf(294556 bytes ) Exhibit D (Reply Brief).pdf(99518 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD MEYNARD DESIGNS, INC. ) ) Opposer, ) ) v. ) Opposition No. 91215279 ) ALTERNATIVE APPAREL, INC. ) Serial No. 85/963,679 ) Applicant. ) ) APPLICANT’S REPLY BRIEF I. The Opposed Mark Complies with the Agreement A. Socks, Leggings, and Leg Warmers are not Footwear In view of the Agreement’s plain language, Meynard’s position that the Opposed Mark violates the Agreement is unreasonable. First, Meynard’s assertion that “socks”, “leg warmers” and “leggings” are “footwear of any type” is without merit. The Oxford English dictionary defines footwear as “outer coverings for the feet, such as shoes, boots and sandals”. (Exhibit A.) While socks are worn on the feet, they are not outer coverings for the feet and therefore “socks” are not “footwear of any type”.