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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA743727 Filing date: 05/02/2016 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 Famous Smoke Shop-PA, Inc. Entity Corporation Citizenship Pennsylvania Address 90 Mort Drive Easton, PA 18040 UNITED STATES Attorney informa- Roberta Jacobs-Meadway tion Eckert Seamans Cherin & Mellott, LLC 50 S. 16th Street Two Liberty Place, 22nd Floor Philadelphia, PA 19102 UNITED STATES [email protected], [email protected], ipdock- [email protected] Phone:215-851-8522 Applicant Information Application No 86873764 Publication date 04/19/2016 Opposition Filing 05/02/2016 Opposition Peri- 05/19/2016 Date od Ends Applicant Tuanfang Liu No.2 Xiaan, Zhongzhou Village Ji An City, Jiangxi, CHINA Goods/Services Affected by Opposition Class 034. First Use: 2015/06/20 First Use In Commerce: 2015/06/21 All goods and services in the class are opposed, namely: Cigarette filters; Cigarettes containing to- bacco substitutes not for medical purposes; Cigars; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Elec- tronic cigarettes; Filter-tipped cigarettes; Lighters for smokers;Match boxes; Tobacco pipes; Cases for electronic cigarettes and electronic cigarette accessories; Chemical flavorings in liquid form used to refill electronic cigarette cartridges; Liquid nicotine solutions for use in electronic cigarettes Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Mark Cited by Opposer as Basis for Opposition U.S. Registration 2586010 Application Date 12/06/1999 No. Registration Date 06/25/2002 Foreign Priority NONE Date Word Mark ASPIRA Design Mark Description of NONE Mark Goods/Services Class 034. First use: First Use: 2000/07/00 First Use In Commerce: 2000/07/00 Cigars Attachments 75864585#TMSN.png( bytes ) NOTICE OF OPPOSITION ASPIRE.PDF(137350 bytes ) EXHIBIT A - ASPIRE NOO.pdf(29444 bytes ) EXHIBIT B - ASPIRE NOO.pdf(987823 bytes ) EXHIBIT C - ASPIRE NOO.pdf(3797054 bytes ) EXHIBIT D - ASPIRE NOO.pdf(419424 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 /Roberta Jacobs-Meadway/ Name Roberta Jacobs-Meadway Date 05/02/2016 EXHIBIT A Generated on: This page was generated by TSDR on 2016-04-25 17:33:55 EDT Mark: ASPIRA US Serial Number: 75864585 Application Filing Dec. 06, 1999 Date: US Registration 2586010 Registration Date: Jun. 25, 2002 Number: Register: Principal Mark Type: Trademark Status: The Trademark Trial and Appeal Board has terminated a cancellation proceeding. For further information, see TTABVUE on the Trademark Trial and Appeal Board web page. Status Date: Apr. 19, 2016 Publication Date: Aug. 29, 2000 Notice of Nov. 21, 2000 Allowance Date: Mark Information Mark Literal ASPIRA Elements: Standard Character No Claim: Mark Drawing 1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S) Type: Goods and Services Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services. For: Cigars International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Jul. 2000 Use in Commerce: Jul. 2000 Basis Information (Case Level) Filed Use: No Currently Use: Yes Amended Use: No Filed ITU: Yes Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information Owner Name: Famous Smoke Shop-Pa, Inc Owner Address: 90 Mort Drive Easton, PENNSYLVANIA UNITED STATES 18040 Legal Entity Type: CORPORATION State or Country PENNSYLVANIA Where Organized: Attorney/Correspondence Information Attorney of Record Attorney Name: Roberta Jacobs-Meadway Docket Number: 298771-00012 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent ROBERTA JACOBS MEADWAY Name/Address: ECKERT SEAMANS ET AL 50 S 16TH ST FL 22 PHILADELPHIA, PENNSYLVANIA UNITED STATES 19102 Phone: 215-851-8522 Fax: 215-851-8383 Correspondent e- [email protected] rjacobsmeadway Correspondent e- Yes mail: @eckertseaman.com mail Authorized: [email protected] Domestic Representative - Not Found Prosecution History Proceeding Date Description Number Apr. 19, 2016 TTAB RELEASE CASE TO TRADEMARKS 60027 Apr. 19, 2016 CANCELLATION DISMISSED NO. 999999 60027 Dec. 30, 2015 REINSTATED 60027 Jan. 27, 2015 CANCELLED SECTION 18-TOTAL Jan. 27, 2015 CANCELLATION TERMINATED NO. 999999 60027 Jan. 12, 2015 CANCELLATION GRANTED NO. 999999 60027 Sep. 25, 2014 CANCELLATION INSTITUTED NO. 999999 60027 Feb. 26, 2014 TEAS CHANGE OF CORRESPONDENCE RECEIVED May 10, 2012 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED May 10, 2012 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 73376 May 10, 2012 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 73376 May 08, 2012 TEAS SECTION 8 & 9 RECEIVED Sep. 07, 2011 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888 Sep. 07, 2011 TEAS CHANGE OF OWNER ADDRESS RECEIVED Dec. 23, 2010 ATTORNEY REVOKED AND/OR APPOINTED Dec. 23, 2010 TEAS REVOKE/APPOINT ATTORNEY RECEIVED Mar. 09, 2009 CASE FILE IN TICRS Jan. 23, 2008 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 73376 Jan. 14, 2008 ASSIGNED TO PARALEGAL 73376 Jan. 08, 2008 TEAS SECTION 8 & 15 RECEIVED Jun. 25, 2002 REGISTERED-PRINCIPAL REGISTER Mar. 25, 2002 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED Jun. 09, 2001 CORRESPONDENCE RECEIVED IN LAW OFFICE May 31, 2001 ASSIGNED TO EXAMINER 71997 May 31, 2001 ASSIGNED TO EXAMINER 71997 May 29, 2001 STATEMENT OF USE PROCESSING COMPLETE May 21, 2001 USE AMENDMENT FILED Nov. 21, 2000 NOA MAILED - SOU REQUIRED FROM APPLICANT Aug. 29, 2000 PUBLISHED FOR OPPOSITION Jul. 28, 2000 NOTICE OF PUBLICATION May 08, 2000 APPROVED FOR PUB - PRINCIPAL REGISTER Apr. 28, 2000 ASSIGNED TO EXAMINER 76417 Maintenance Filings or Post Registration Information Affidavit of Section 8 - Accepted Continued Use: Affidavit of Section 15 - Accepted Incontestability: Renewal Filed: Yes Renewal Date: Jun. 25, 2012 TM Staff and Location Information TM Staff Information - None File Location Current Location: TTAB Date in Location: Jan. 27, 2015 Assignment Abstract Of Title Information Summary Total Assignments: 1 Registrant: Famous Smoke Shop-Pa, Inc Assignment 1 of 1 Conveyance: MERGER Reel/Frame: 2259/0264 Pages: 12 Date Recorded: Feb. 28, 2001 Supporting assignment-tm-2259-0264.pdf Documents: Assignor Name: FAMOUS SMOKE SHOP, INC. Execution Date: Jan. 27, 2001 Legal Entity Type: CORPORATION State or Country NEW YORK Where Organized: Assignee Name: FAMOUS SMOKE SHOP-PA, INC. Legal Entity Type: CORPORATION State or Country PENNSYLVANIA Where Organized: Address: 1100 CONROY PLACE EASTON, PENNSYLVANIA 18040 Correspondent Correspondent CURTIS, MALLET-PREVOST, COLT & MOSIE LLP Name: Correspondent MICHAEL J. BROWN Address: 101 PARK AVENUE NEW YORK, NEW YORK 10178-0061 Domestic Representative - Not Found Proceedings Summary Number of 1 Proceedings: Type of Proceeding: Cancellation Proceeding 92060027 Filing Date: Sep 24, 2014 Number: Status: Terminated Status Date: Nov 10, 2015 Interlocutory ROBERT COGGINS Attorney: Defendant Name: Famous Smoke Shop-Pa, Inc Correspondent ROBERTA JACOBS MEADWAY Address: ECKERT SEAMANS ET AL 50 S 16TH ST FL 22 PHILADELPHIA PA UNITED STATES , 19102 Correspondent e- [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number ASPIRA Cancellation Terminated - See TTAB Records 75864585 2586010 Plaintiff(s) Name: Liu Yuli Correspondent LIU YULI Address: 1051 CONNECTICUT AVE NW , STE 1000 WASHINGTON DC UNITED STATES , 20036 Correspondent e- [email protected] mail: Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Sep 24, 2014 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Sep 25, 2014 Nov 04, 2014 3 PENDING, INSTITUTED Sep 25, 2014 4 NOTICE OF DEFAULT Nov 14, 2014 5 BD DECISION: GRANTED Jan 12, 2015 6 COMMR ORDER CANCELLING REG Jan 27, 2015 7 TERMINATED Jan 27, 2015 8 DEFENDANT'S MT FOR RELIEF FROM FINAL JUDGMENT Nov 04, 2015 9 RESPONSE DUE Dec 22, 2015 10 COMMR ORDER REINSTATING REG Dec 30, 2015 11 P UNDELIVERABLE MAIL Feb 02, 2016 12 SUSPENDED Feb 17, 2016 13 BD DECISION: DISMISSED W/ PREJ Apr 19, 2016 EXHIBIT B Aspire in Spanish | Translate English to Spanish | Spanish Central Flashcards Spanish Word of the Day Most Popular Words Quizzes Spanish Central aspire á é í ó ú ü ñ ¿ ¡ Translate » aspirar aspire = intransitive verb 2 ENTRIES FOUND: aspire (English intransitive verb) aspirar (Spanish intransitive verb) SPANISH QUIZZES aspire intransitive verb aspired, aspiring Vocabulary Quiz Test your word power Spanish Translation of ASPI RE Take the Quiz » intransitive verb : aspirar Name That Thing Take our visual quiz Seen & Heard Test Your Knowledge » What made you want to look up
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