Notice of Opposition Opposers Information Applicant Information

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1094690 Filing date: 11/11/2020

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 parties oppose registration of the indicated application. Opposers Information

Name Marc Anthony Cosmetics Ltd. Granted to Date 11/11/2020 of previous extension Address 100 NEW PARK PLACE SUITE 810 VAUGHAN, ON L4K 0H9 CANADA

Name Cake Beauty Inc. Granted to Date 11/11/2020 of previous extension Address 550 QUEEN STREET SUITE 107 TORONTO, ON M5A 1V1 CANADA

Attorney informa- NICHOLAS J. GINGO tion RENNER, OTTO, BOISSELLE & SKLAR, LLP 1621 EUCLID AVE. 19TH FLOOR CLEVELAND, OH 44115 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected] 2166211113

Docket Number RIDOG0103 Applicant Information

Application No. 88835735 Publication date 07/14/2020 Opposition Filing 11/11/2020 Opposition Peri- 11/11/2020 Date od Ends Applicant CAKE FOR MEN, INC. 23461 PARK SORRENTO CALABASAS, CA 91302 UNITED STATES Goods/Services Affected by Opposition

Class 005. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: pre-moistened medicated wipes; pre- moistened medicated wipes containing benzocaine; disposable sanitizing wipes; sanitizing wipes; personal lubricants; personal sexual lubricants; medicated personal lubricants Class 010. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: condoms Grounds for Opposition

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

U.S. Registration 5975177 Application Date 01/25/2019 No. Registration Date 02/04/2020 Foreign Priority NONE Date Word Mark CAKE NATURALLY LUXE BEAUTY Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 2018/10/31 First Use In Commerce: 2018/10/31 Cosmetics, namely, foundation makeup, liquid makeup, creamy foundation, powder foundation, wet/dry foundation, makeup foundation, face moisturizer, tinted skinmoisturizer, concealer for skin, face, and body, pressed face powder, loose face powder, face powder, eye makeup, eyebrow pencil, eyebrow powder, eye shadow, eye liner, eye pencil, mascara, eye definer in the nature of eye liner, lash amplifying mascara, artificial eye lashes, eye lash adhesive, eye makeup remover, blush, powder blusher, cream blusher, gel blusher, cheek stain, cheek gloss, body glitter, skin bronzer, non-medicated lipplumping preparations, lip stick, lip pencil, lip liner, lip gloss, lip stain, non-medicated lip conditioner, lip balm,makeup remover; Body care products, namely, skin moisturizing lotions, skin moisturizing creams, body scrubs, bar soap,toilet soap, shaving soap, skin soap, perfumed soap, bath and shower gels, bodywash, body powders, body scrubs, body polishes, body lotions, body mousse, handand body creams, body oils, dry oils, namely, cosmetic oils that are absorbed into the skin quickly, non-medicated balms for treatment of hair, skin, and lips,body powders and body butter; Perfumes;Colognes; Essential oils; Aromatic essences for cosmetic purposses; Hair care products, namely, dry shampoo, hair care preparations, hair shampoo, hair conditioner, hair styling gel, lotion, mousse and creams, hair spray, hair washing powders, hair styling preparations, namely, powders, non-medicated hair growth preparations, hair straightening preparations; hair colouring preparations; non-medicated hair treatment preparations for cosmetic purposes, hair removal cream and hair removal wax

U.S. Registration 3053112 Application Date 12/19/2003 No. Registration Date 01/31/2006 Foreign Priority 07/28/2003 Date Word Mark CAKE BEAUTY Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 2001/04/02 First Use In Commerce: 2001/08/01 cosmetics and body care products, namely, moisturizing lotions, moisturizing creams, body scrubs, balms and make-up, bath and shower products, namely body lotions, froths shower gels, bubble baths and body scrubs

U.S. Registration 3234497 Application Date 11/06/2004 No. Registration Date 04/24/2007 Foreign Priority NONE Date Word Mark CAKE WALK Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 2001/08/31 First Use In Commerce: 2001/08/31 Cosmetics and body care products, namely, body lotions and foot lotions

U.S. Application/ Registra- NONE Application Date NONE tion No. Registration Date NONE Word Mark CAKE Goods/Services cosmetics and body and hair care products

U.S. Application/ Registra- NONE Application Date NONE tion No. Registration Date NONE Design Mark

Goods/Services cosmetics and body and hair care products

Attachments CAKE_image.jpg Notice of Opposition - RIDOG0103.pdf(155074 bytes ) Exhibit A.pdf(344242 bytes ) Exhibit B.pdf(112462 bytes ) Exhibit C.pdf(93743 bytes ) Exhibit D.pdf(88290 bytes )

Signature /Nicholas J. Gingo/ Name NICHOLAS J. GINGO Date 11/11/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In re Trademark Application Serial No. 88/835,735 Mark: CAKE Filed: March 16, 2020 Published: July 14, 2020

Marc Anthony Cosmetics Ltd., and Cake Beauty Inc., Opposers, v. Opposition No. ______

CAKE FOR MEN, INC.,

Applicant.

CONSOLIDATED NOTICE OF OPPOSITION

Opposers, Marc Anthony Cosmetics Ltd. and Cake Beauty Inc. (collectively, “Opposers”),

oppose Application Serial No. 88/835,735 (“the ’735 Application”) filed by Cake For Men, Inc.

(“Applicant”) on the belief that they will be damaged by the registration of the ’735 Application.

The grounds for opposition are set forth below.

The Parties

1. Opposer Marc Anthony Cosmetics Ltd., is a Canadian corporation having an

address at Suite 810, 100 New Park Place, Vaughan, Ontario CANADA L4K0H9.

2. Opposers Cake Beauty Inc. was amalgamated into one company with Opposer

Marc Anthony Cosmetics, Ltd. under Canadian law on April 1, 2018. A copy of the Certificate of Amalgamation, which was recorded with the USPTO on June 25, 2018 at Reel 006362, Frame

0966 is attached as Exhibit A.

Opposers’ CAKE Marks and Products

3. Opposers have sold cosmetics and body and hair care products throughout the

United States under the mark CAKE since at least as early as 2001.

4. Opposers have sold cosmetics and body and hair care products throughout the

United States under the following stylized CAKE mark since at least as early as 2016:

5. Opposers have expended considerable sums in promoting and advertising the cosmetics and body and hair care products sold under the CAKE mark and the CAKE mark has acquired valuable goodwill among the consuming public as a result.

6. Opposers own U.S. Trademark Registration No. 5,975,177 for the mark CAKE

NATURALLY LUXE BEAUTY (Standard Characters), which Opposers have adopted and used in connection with the following goods in International Class 003: “Cosmetics, namely, foundation makeup, liquid makeup, creamy foundation, powder foundation, wet/dry foundation, makeup foundation, face moisturizer, tinted skin moisturizer, concealer for skin, face, and body, pressed face powder, loose face powder, face powder, eye makeup, eyebrow pencil, eyebrow powder, eye shadow, eye liner, eye pencil, mascara, eye definer in the nature of eye liner, lash amplifying mascara, artificial eye lashes, eye lash adhesive, eye makeup remover, blush, powder blusher, cream blusher, gel blusher, cheek stain, cheek gloss, body glitter, skin bronzer, non-medicated lip plumping preparations, lip stick, lip pencil, lip liner, lip gloss, lip stain, non-medicated lip conditioner, lip balm, makeup remover; Body care products, namely, skin moisturizing lotions, skin moisturizing creams, body scrubs, bar soap, toilet soap, shaving soap, skin soap, perfumed soap, bath and shower gels, body wash, body powders, body scrubs, body polishes, body lotions, body mousse, hand and body creams, body oils, dry oils, namely, cosmetic oils that are absorbed into the skin quickly, non-medicated balms for treatment of hair, skin, and lips, body powders and body butter; Perfumes; Colognes; Essential oils; Aromatic essences for cosmetic purposses; Hair care products, namely, dry shampoo, hair care preparations, hair shampoo, hair conditioner, hair styling gel, lotion, mousse and creams, hair spray, hair washing powders, hair styling preparations, namely, powders, non-medicated hair growth preparations, hair straightening preparations; hair colouring preparations; non-medicated hair treatment preparations for cosmetic purposes, hair removal cream and hair removal wax.” Opposer’s actual use date for this registration is at least as early as October 31, 2018. Opposers’ constructive use priority date for this registration is January

25, 2019, the filing date of the application that matured to registration. This registration has not been cancelled, is valid, and is in full force and effect and is conclusive evidence of the validity of the registered mark, the registration, Opposers’ ownership of the registered mark, and Opposers’ exclusive right to use the registered mark in commerce under Section 33 of the Lanham Act, 15

U.S.C. § 1115. Attached as Exhibit B is a true and correct printout from the United States Patent and Trademark Office electronic database showing the current status and title of the registration.

7. Opposers own U.S. Trademark Registration No. 3,053,112 for the mark CAKE

BEAUTY (Standard Characters), which Opposers have adopted and used in connection with the following goods in International Class 003: “cosmetics and body care products, namely, moisturizing lotions, moisturizing creams, body scrubs, balms and make-up, bath and shower products, namely body lotions, froths shower gels, bubble baths and body scrubs.” Opposer’s actual use date for this registration is at least as early as August 1, 2001. Opposers’ constructive use priority date for this registration is December 19, 2003, the filing date of the application that matured to registration. This registration is incontestable pursuant to 15 U.S.C. § 1065. This registration has not been cancelled, is valid, and is in full force and effect and is conclusive evidence of the validity of the registered mark, the registration, Opposers’ ownership of the registered mark, and Opposers’ exclusive right to use the registered mark in commerce under

Section 33 of the Lanham Act, 15 U.S.C. § 1115. Attached as Exhibit C is a true and correct printout from the United States Patent and Trademark Office electronic database showing the current status and title of the registration.

8. Opposers own U.S. Trademark Registration No. 3,234,497 for the mark CAKE

WALK (Standard Characters), which Opposers have adopted and used in connection with the following goods in International Class 003: “Cosmetics and body care products, namely, body lotions and foot lotions.” Opposer’s actual use date for this registration is at least as early as August

31, 2001. Opposers’ constructive use priority date for this registration is November 6, 2004, the filing date of the application that matured to registration. This registration is incontestable pursuant to 15 U.S.C. § 1065. This registration has not been cancelled, is valid, and is in full force and effect and is conclusive evidence of the validity of the registered mark, the registration, Opposers’ ownership of the registered mark, and Opposers’ exclusive right to use the registered mark in commerce under Section 33 of the Lanham Act, 15 U.S.C. § 1115. Attached as Exhibit D is a true and correct printout from the United States Patent and Trademark Office electronic database showing the current status and title of the registration.

Applicant’s Pending Application

9. On March 16, 2020, Applicant filed the ’735 Application to register the mark

CAKE (Standard Characters) based on intent to use pursuant to Section 1(b) of the Lanham Act, which has been published for opposition for the following goods: “pre-moistened medicated wipes; pre-moistened medicated wipes containing benzocaine; disposable sanitizing wipes; sanitizing wipes; personal lubricants; personal sexual lubricants; medicated personal lubricants” in International Class 05 and “condoms” in International Class 10.

Grounds for Opposition Against the ’735 Application

10. Opposers repeat and reallege paragraphs 1-9 as paragraph 10.

11. There is no issue of priority with respect to the ’735 Application. Upon information and belief, Applicant has no rights in the CAKE mark for the applied-for goods prior to the applicable actual or constructive use (filing) date for each of Opposers’ Registrations pleaded herein and referenced above or prior to Opposers’ common law rights in the CAKE mark.

12. The various goods of the ’735 Application are identical to, highly related to, or legally related to the goods with which Opposers have used the CAKE marks for purposes of

Section 2(d) of the Lanham Act. As such, they are presumed to be promoted, sold, and distributed to identical and/or overlapping customers through similar or identical channels of trade.

13. The CAKE mark in the ’735 Application is similar in appearance, sound and meaning to Opposers’ CAKE marks.

14. The CAKE mark in the ’735 Application is confusingly similar to Opposers’ CAKE marks such that use and registration of the CAKE mark in the ’735 Application would be likely to cause confusion in the minds of consumers as to the source of Applicant’s or Opposers’ goods, and would be likely to confuse and deceive the trade and purchasing public into believing that

Applicant’s goods originate with or are otherwise authorized, licensed, or sponsored by Opposers.

15. Concurrent use of the CAKE mark in the ’735 Application by the Applicant and of

Opposers’ CAKE marks may result in irreparable damage to Opposers’ reputation and goodwill, because purchasers are likely to attribute the source of Applicant’s goods to Opposers, or to believe that Applicant’s goods are affiliated with, endorsed by, approved by, or sponsored by Opposers.

16. Registration to Applicant of the CAKE mark herein opposed would provide

Applicant with the prima facie exclusive right to use the CAKE mark in commerce in connection with the goods of the ’735 Application despite Opposers’ priority rights in the CAKE marks.

17. In the event of registration to Applicant of the CAKE mark herein opposed (and therewith, the prima facie exclusive right to use the mark in commerce in connection with goods provided by Opposers under the CAKE marks) confusion in the trade is likely to result from any concurrent use by Applicant and Opposers of their respective marks, all to the great detriment of

Opposers.

18. The various goods of the ’735 Application are identical to, highly related to, or legally related to the goods of Opposers’ Registration No. 5,975,177 for purposes of Section 2(d) of the Lanham Act.

19. The CAKE mark in the ’735 Application is similar in appearance, sound and meaning to Opposers’ mark as depicted in Opposer’s Registration No. 5,975,177.

20. The CAKE mark in the ’735 Application is confusingly similar to Opposers’ mark as depicted in Opposers’ Registration No. 5,975,177 such that use and registration of the CAKE mark in the ’735 Application would be likely to cause confusion in the minds of consumers as to the source of Applicant’s or Opposers’ goods, and would be likely to confuse and deceive the trade and purchasing public into believing that Applicant’s goods originate with or are otherwise authorized, licensed, or sponsored by Opposers.

21. Concurrent use of the CAKE mark in the ’735 Application by the Applicant and of

Opposers’ mark depicted in Opposers’ Registration No. 5,975,177 may result in irreparable damage to Opposers’ reputation and goodwill, because purchasers are likely to attribute the source of Applicant’s goods to Opposers, or to believe that Applicant’s goods are affiliated with, endorsed by, approved by, or sponsored by Opposers.

22. Registration to Applicant of the CAKE mark herein opposed would provide

Applicant with the prima facie exclusive right to use the CAKE mark in commerce in connection with the goods of the ’735 Application despite Opposers’ priority rights in the mark depicted in

Opposers’ Registration No. 5,975,177.

23. In the event of registration to Applicant of the CAKE mark herein opposed (and therewith, the prima facie exclusive right to use the mark in commerce in connection with goods provided by Opposers under the mark depicted in Opposers’ Registration No. 5,975,177) confusion in the trade is likely to result from any concurrent use by Applicant and Opposers of their respective marks, all to the great detriment of Opposers.

24. The various goods of the ’735 Application are identical to, highly related to, or legally related to the goods of Opposers’ Registration No. 3,053,112 for purposes of Section 2(d) of the Lanham Act.

25. The CAKE mark in the ’735 Application is similar in appearance, sound and meaning to Opposers’ mark as depicted in Opposer’s Registration No. 3,053,112.

26. The CAKE mark in the ’735 Application is confusingly similar to Opposers’ mark as depicted in Opposers’ Registration No. 3,053,112 such that use and registration of the CAKE mark in the ’735 Application would be likely to cause confusion in the minds of consumers as to the source of Applicant’s or Opposers’ goods, and would be likely to confuse and deceive the trade and purchasing public into believing that Applicant’s goods originate with or are otherwise authorized, licensed, or sponsored by Opposers.

27. Concurrent use of the CAKE mark in the ’735 Application by the Applicant and of

Opposers’ mark depicted in Opposers’ Registration No. 3,053,112 may result in irreparable damage to Opposers’ reputation and goodwill, because purchasers are likely to attribute the source of Applicant’s goods to Opposers, or to believe that Applicant’s goods are affiliated with, endorsed by, approved by, or sponsored by Opposers.

28. Registration to Applicant of the CAKE mark herein opposed would provide

Applicant with the prima facie exclusive right to use the CAKE mark in commerce in connection with the goods of the ’735 Application despite Opposers’ priority rights in the mark depicted in

Opposers’ Registration No. 3,053,112.

29. In the event of registration to Applicant of the CAKE mark herein opposed (and therewith, the prima facie exclusive right to use the mark in commerce in connection with goods provided by Opposers under the mark depicted in Opposers’ Registration No. 3,053,112) confusion in the trade is likely to result from any concurrent use by Applicant and Opposers of their respective marks, all to the great detriment of Opposers.

30. The various goods of the ’735 Application are identical to, highly related to, or legally related to the goods of Opposers’ Registration No. 3,234,497 for purposes of Section 2(d) of the Lanham Act.

31. The CAKE mark in the ’735 Application is similar in appearance, sound and meaning to Opposers’ mark as depicted in Opposer’s Registration No. 3,234,497. 32. The CAKE mark in the ’735 Application is confusingly similar to Opposers’ mark as depicted in Opposers’ Registration No. 3,234,497 such that use and registration of the CAKE mark in the ’735 Application would be likely to cause confusion in the minds of consumers as to the source of Applicant’s or Opposers’ goods, and would be likely to confuse and deceive the trade and purchasing public into believing that Applicant’s goods originate with or are otherwise authorized, licensed, or sponsored by Opposers.

33. Concurrent use of the CAKE mark in the ’735 Application by the Applicant and of

Opposers’ mark depicted in Opposers’ Registration No. 3,234,497 may result in irreparable damage to Opposers’ reputation and goodwill, because purchasers are likely to attribute the source of Applicant’s goods to Opposers, or to believe that Applicant’s goods are affiliated with, endorsed by, approved by, or sponsored by Opposers.

34. Registration to Applicant of the CAKE mark herein opposed would provide

Applicant with the prima facie exclusive right to use the CAKE mark in commerce in connection with the goods of the ’735 Application despite Opposers’ priority rights in the mark depicted in

Opposers’ Registration No. 3,234,497.

35. In the event of registration to Applicant of the CAKE mark herein opposed (and therewith, the prima facie exclusive right to use the mark in commerce in connection with goods provided by Opposers under the mark depicted in Opposers’ Registration No. 3,234,497) confusion in the trade is likely to result from any concurrent use by Applicant and Opposers of their respective marks, all to the great detriment of Opposers.

36. Applicant’s use and registration of the applied-for mark is therefore likely to cause confusion, mistake, and deception regarding the source and origin of Applicant’s goods within the meaning of 15 U.S.C. §§ 1114 and 1125(a). Such confusion will injure and damage the goodwill symbolized by Opposers’ Marks within the meaning of 15 U.S.C. § 1063(a), and will cause injury

to both Marc Anthony Cosmetics Ltd. and Cake Beauty Inc. Therefore, the CAKE mark is not

registrable pursuant to 15 U.S.C. § 1052 and registration to Applicant should be refused.

Claim for Relief

WHEREFORE, Opposers respectfully request that the present opposition be sustained and that the registration sought by the Applicant be refused.

The filing fee of $400 per class for this Notice of Opposition is being submitted electronically with this Notice.

Dated: November 11, 2020 Respectfully submitted, s/ Nicholas J. Gingo Nicholas J. Gingo (0083684) Renner Otto 1621 Euclid Ave., 19th Floor Cleveland, OH 44115 Phone: (216) 621-1113 Fax: (216) 621-6165 Email: [email protected]

Counsel for Opposers Marc Anthony Cosmetics, Ltd. and Cake Beauty Inc. Exhibit A

Exhibit B Generated on: This page was generated by TSDR on 2020-11-09 12:28:30 EST Mark: CAKE NATURALLY LUXE BEAUTY

US Serial Number: 88276470 Application Filing Jan. 25, 2019 Date: US Registration 5975177 Registration Date: Feb. 04, 2020 Number: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Feb. 04, 2020 Publication Date: Nov. 19, 2019

Mark Information

Mark Literal CAKE NATURALLY LUXE BEAUTY Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Disclaimer: "BEAUTY" 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: Cosmetics, namely, foundation makeup, liquid makeup, creamy foundation, powder foundation, wet/dry foundation, makeup foundation, face moisturizer, tinted skin moisturizer, concealer for skin, face, and body, pressed face powder, loose face powder, face powder, eye makeup, eyebrow pencil, eyebrow powder, eye shadow, eye liner, eye pencil, mascara, eye definer in the nature of eye liner, lash amplifying mascara, artificial eye lashes, eye lash adhesive, eye makeup remover, blush, powder blusher, cream blusher, gel blusher, cheek stain, cheek gloss, body glitter, skin bronzer, non-medicated lip plumping preparations, lip stick, lip pencil, lip liner, lip gloss, lip stain, non-medicated lip conditioner, lip balm, makeup remover; Body care products, namely, skin moisturizing lotions, skin moisturizing creams, body scrubs, bar soap, toilet soap, shaving soap, skin soap, perfumed soap, bath and shower gels, body wash, body powders, body scrubs, body polishes, body lotions, body mousse, hand and body creams, body oils, dry oils, namely, cosmetic oils that are absorbed into the skin quickly, non-medicated balms for treatment of hair, skin, and lips, body powders and body butter; Perfumes; Colognes; Essential oils; Aromatic essences for cosmetic purposses; Hair care products, namely, dry shampoo, hair care preparations, hair shampoo, hair conditioner, hair styling gel, lotion, mousse and creams, hair spray, hair washing powders, hair styling preparations, namely, powders, non-medicated hair growth preparations, hair straightening preparations; hair colouring preparations; non-medicated hair treatment preparations for cosmetic purposes, hair removal cream and hair removal wax International 003 - Primary Class U.S Class(es): 001, 004, 006, 050, 051, 052 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Oct. 31, 2018 Use in Commerce: Oct. 31, 2018 Basis Information (Case Level) Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Marc Anthony Cosmetics Ltd. Owner Address: Suite 810 100 New Park Place Vaughan, Ontario CANADA L4K0H9 Legal Entity Type: CORPORATION State or Country CANADA Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Nicholas J. Gingo Docket Number: RIDOT0115US Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent Nicholas J. Gingo Name/Address: RENNER OTTO 1621 EUCLID AVE. 19TH FLOOR CLEVELAND, OHIO UNITED STATES 44115 Phone: 216-621-1113 Fax: 2166216165 Correspondent e- [email protected] trademarks@rennerotto. Correspondent e- Yes mail: com [email protected] mail Authorized: Domestic Representative Domestic Nicholas J. Gingo Phone: 216-621-1113 Representative Name: Fax: 2166216165 Domestic [email protected] Domestic Yes Representative e- Representative e- mail: mail Authorized: Prosecution History

Proceeding Date Description Number Aug. 12, 2020 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888 Aug. 12, 2020 TEAS CHANGE OF CORRESPONDENCE RECEIVED Aug. 12, 2020 TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS Aug. 12, 2020 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED Aug. 12, 2020 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED Aug. 12, 2020 TEAS CHANGE OF OWNER ADDRESS RECEIVED Feb. 04, 2020 REGISTERED-PRINCIPAL REGISTER Dec. 04, 2019 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888 Dec. 04, 2019 TEAS CHANGE OF OWNER ADDRESS RECEIVED Nov. 19, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Nov. 19, 2019 PUBLISHED FOR OPPOSITION Oct. 30, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Oct. 17, 2019 ASSIGNED TO LIE 66121 Oct. 10, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Sep. 11, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Sep. 10, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Sep. 10, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED Apr. 16, 2019 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Apr. 16, 2019 NON-FINAL ACTION E-MAILED 6325 Apr. 16, 2019 NON-FINAL ACTION WRITTEN 76427 Apr. 08, 2019 ASSIGNED TO EXAMINER 76427 Feb. 17, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Jan. 29, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Feb. 04, 2020 Reg. No. 5,975,177 Marc Anthony Cosmetics Ltd. (CANADA CORPORATION) Suite 810 Registered Feb. 04, 2020 100 New York Place Vaughan, Ontario, CANADA L4K0H9

Int. Cl.: 3 CLASS 3: Cosmetics, namely, foundation makeup, liquid makeup, creamy foundation, powder foundation, wet/dry foundation, makeup foundation, face moisturizer, tinted skin Trademark moisturizer, concealer for skin, face, and body, pressed face powder, loose face powder, face powder, eye makeup, eyebrow pencil, eyebrow powder, eye shadow, eye liner, eye pencil, Principal Register mascara, eye definer in the nature of eye liner, lash amplifying mascara, artificial eye lashes, eye lash adhesive, eye makeup remover, blush, powder blusher, cream blusher, gel blusher, cheek stain, cheek gloss, body glitter, skin bronzer, non-medicated lip plumping preparations, lip stick, lip pencil, lip liner, lip gloss, lip stain, non-medicated lip conditioner, lip balm, makeup remover; Body care products, namely, skin moisturizing lotions, skin moisturizing creams, body scrubs, bar soap, toilet soap, shaving soap, skin soap, perfumed soap, bath and shower gels, body wash, body powders, body scrubs, body polishes, body lotions, body mousse, hand and body creams, body oils, dry oils, namely, cosmetic oils that are absorbed into the skin quickly, non-medicated balms for treatment of hair, skin, and lips, body powders and body butter; Perfumes; Colognes; Essential oils; Aromatic essences for cosmetic purposses; Hair care products, namely, dry shampoo, hair care preparations, hair shampoo, hair conditioner, hair styling gel, lotion, mousse and creams, hair spray, hair washing powders, hair styling preparations, namely, powders, non-medicated hair growth preparations, hair straightening preparations; hair colouring preparations; non-medicated hair treatment preparations for cosmetic purposes, hair removal cream and hair removal wax

FIRST USE 10-31-2018; IN COMMERCE 10-31-2018

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR

No claim is made to the exclusive right to use the following apart from the mark as shown: "BEAUTY"

SER. NO. 88-276,470, FILED 01-25-2019 REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years* What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods* What and When to File:

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO). The time periods for filing are based on the U.S. registration date (not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at h ttp://www.uspto.gov.

NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark owners/holders who authorize e-mail communication and maintain a current e-mail address with the USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5975177 Exhibit C Generated on: This page was generated by TSDR on 2020-11-09 12:29:36 EST Mark: CAKE BEAUTY

US Serial Number: 78343682 Application Filing Dec. 19, 2003 Date: US Registration 3053112 Registration Date: Jan. 31, 2006 Number: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: The registration has been renewed. Status Date: Mar. 05, 2016 Publication Date: Nov. 08, 2005

Mark Information

Mark Literal CAKE BEAUTY Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Disclaimer: "beauty" Foreign Information

Priority Claimed: Yes Foreign 1185641 Foreign Jul. 28, 2003 Application Application Filing Number: Date: Foreign TMA634570 Foreign Mar. 07, 2005 Registration Registration Date: Number: Foreign CANADA Foreign Expiration Mar. 07, 2020 Application/Registration Date: Country: Goods and Services

For: cosmetics and body care products, namely, moisturizing lotions, moisturizing creams, body scrubs, balms and make-up, bath and shower products, namely body lotions, froths shower gels, bubble baths and body scrubs International 003 - Primary Class U.S Class(es): 001, 004, 006, 050, 051, 052 Class(es): Class Status: ACTIVE Basis: 1(a) 44(e) First Use: Apr. 02, 2001 Use in Commerce: Aug. 01, 2001 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: Yes Currently 44E: Yes Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Cake Beauty Inc. Owner Address: 550 Queen Street Suite 107 Toronto, Ontario CANADA M5A 1V1 Legal Entity Type: CORPORATION State or Country ONTARIO Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Daryl W. Schnurr Docket Number: 061540.0002 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent Daryl W. Schnurr Name/Address: Miller Thomson LLP 295 Hagey Blvd. Suite 300 Waterloo, ON CANADA N2L6R5 Phone: 519-593-3226 Fax: 519-743-2540 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Jun. 27, 2018 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY Mar. 05, 2016 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED Mar. 05, 2016 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 76533 Mar. 05, 2016 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 76533 Mar. 04, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76533 Dec. 21, 2015 TEAS SECTION 8 & 9 RECEIVED Jan. 31, 2015 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED Mar. 12, 2012 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED Mar. 12, 2012 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 68335 Mar. 12, 2012 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 68335 Jan. 25, 2012 TEAS SECTION 8 & 15 RECEIVED Jan. 31, 2006 REGISTERED-PRINCIPAL REGISTER Nov. 08, 2005 PUBLISHED FOR OPPOSITION Oct. 19, 2005 NOTICE OF PUBLICATION Sep. 19, 2005 LAW OFFICE PUBLICATION REVIEW COMPLETED 76523 Sep. 16, 2005 ASSIGNED TO LIE 76523 Sep. 10, 2005 APPROVED FOR PUB - PRINCIPAL REGISTER Sep. 07, 2005 AMENDMENT FROM APPLICANT ENTERED 76523 Aug. 25, 2005 CORRESPONDENCE RECEIVED IN LAW OFFICE 76523 Aug. 25, 2005 PAPER RECEIVED Jul. 06, 2005 INQUIRY TO SUSPENSION E-MAILED Jul. 06, 2005 SUSPENSION INQUIRY WRITTEN 72503 Jul. 06, 2005 ASSIGNED TO EXAMINER 72503 May 25, 2005 LIE CHECKED SUSP - TO ATTY FOR ACTION 76529 Feb. 17, 2005 ASSIGNED TO EXAMINER 72503 Oct. 27, 2004 LETTER OF SUSPENSION E-MAILED 6332 Oct. 27, 2004 SUSPENSION LETTER WRITTEN 72503 Oct. 20, 2004 TEAS/EMAIL CORRESPONDENCE ENTERED 78413 Oct. 16, 2004 CORRESPONDENCE RECEIVED IN LAW OFFICE 78413 Oct. 16, 2004 TEAS RESPONSE TO OFFICE ACTION RECEIVED Jul. 23, 2004 NON-FINAL ACTION E-MAILED 6325 Jul. 11, 2004 ASSIGNED TO EXAMINER 72503 Jan. 07, 2004 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: GENERIC WEB UPDATE Date in Location: Mar. 05, 2016 Assignment Abstract Of Title Information

Summary Total Assignments: 2 Registrant: Cake Beauty Inc.

Assignment 1 of 2

Conveyance: CERTIFICATE OF AMALGAMATION Reel/Frame: 6362/0966 Pages: 5 Date Recorded: Jun. 25, 2018 Supporting assignment-tm-6362-0966.pdf Documents: Assignor Name: CAKE BEAUTY INC. Execution Date: Apr. 01, 2018 Legal Entity Type: CORPORATION State or Country CANADA Where Organized: Assignee Name: MARC ANTHONY COSMETICS LTD. Legal Entity Type: CORPORATION State or Country CANADA Where Organized: Address: 666 BURRARD STREET SUITE 1700, PARK PLACE VANCOUVER, BC, CANADA V6C 2X8 Correspondent Correspondent GOODWIN PROCTER LLP/JANIS NICI Name: Correspondent 620 EIGHTH AVENUE Address: NEW YORK, NY 10018 Domestic Representative - Not Found Assignment 2 of 2

Conveyance: SECURITY INTEREST Reel/Frame: 6376/0924 Pages: 8 Date Recorded: Jul. 10, 2018 Supporting assignment-tm-6376-0924.pdf Documents: Assignor Name: MARC ANTHONY COSMETICS LTD. Execution Date: Jul. 10, 2018 Legal Entity Type: CORPORATION State or Country CANADA Where Organized: Assignee Name: ROYAL BANK OF CANADA, AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT Legal Entity Type: BANK State or Country CANADA Where Organized: Address: 200 BAY STREET, 4TH FLOOR TORONTO, ONTARIO, CANADA M5J 2W7 Correspondent Correspondent TRACEY D. BENNETT Name: Correspondent C/O GOODWIN PROCTER LLP Address: NEW YORK, NY 10018 Domestic Representative - Not Found

Exhibit D Generated on: This page was generated by TSDR on 2020-11-11 09:07:11 EST Mark: CAKE WALK

US Serial Number: 78512620 Application Filing Nov. 06, 2004 Date: US Registration 3234497 Registration Date: Apr. 24, 2007 Number: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: The registration has been renewed. Status Date: Oct. 18, 2017 Publication Date: Mar. 07, 2006 Notice of May 30, 2006 Allowance Date:

Mark Information

Mark Literal CAKE WALK Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

For: Cosmetics and body care products, namely, body lotions and foot lotions International 003 - Primary Class U.S Class(es): 001, 004, 006, 050, 051, 052 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Aug. 31, 2001 Use in Commerce: Aug. 31, 2001 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: Yes Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: CAKE BEAUTY INC. Owner Address: 550 Queen Street East Suite 107 Toronto, Ontario CANADA M5A 1V2 Legal Entity Type: CORPORATION State or Country CANADA Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Daryl W. Schnurr Docket Number: 061540.0012 Correspondent Correspondent Daryl W. Schnurr Name/Address: MillerThomson LLP 295 Hagey Boulevard SUITE 300 Waterloo, Ontario CANADA N2L6R5 Phone: 519-593-3226 Fax: 519-743-2540 Correspondent e- [email protected] daschnurr@millerth Correspondent e- Yes mail: omson.com mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Jun. 27, 2018 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY Oct. 18, 2017 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED Oct. 18, 2017 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 69471 Oct. 18, 2017 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 69471 Oct. 18, 2017 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 69471 Sep. 21, 2017 TEAS SECTION 8 & 9 RECEIVED Sep. 21, 2017 TEAS CHANGE OF CORRESPONDENCE RECEIVED May 16, 2013 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - MAILED May 16, 2013 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 76873 May 16, 2013 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76873 Apr. 24, 2013 TEAS SECTION 8 & 15 RECEIVED Apr. 24, 2007 REGISTERED-PRINCIPAL REGISTER Mar. 08, 2007 LAW OFFICE REGISTRATION REVIEW COMPLETED 76538 Mar. 07, 2007 ASSIGNED TO LIE 76538 Feb. 06, 2007 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED Feb. 01, 2007 STATEMENT OF USE PROCESSING COMPLETE 61756 Nov. 30, 2006 USE AMENDMENT FILED 61756 Nov. 30, 2006 TEAS STATEMENT OF USE RECEIVED May 30, 2006 NOA MAILED - SOU REQUIRED FROM APPLICANT Mar. 07, 2006 PUBLISHED FOR OPPOSITION Feb. 15, 2006 NOTICE OF PUBLICATION Jan. 26, 2006 LAW OFFICE PUBLICATION REVIEW COMPLETED 76984 Jan. 23, 2006 ASSIGNED TO LIE 76984 Jan. 09, 2006 EXAMINERS AMENDMENT MAILED Jan. 06, 2006 APPROVED FOR PUB - PRINCIPAL REGISTER Jan. 06, 2006 EXAMINERS AMENDMENT -WRITTEN 77875 Dec. 22, 2005 TEAS/EMAIL CORRESPONDENCE ENTERED 76984 Dec. 10, 2005 CORRESPONDENCE RECEIVED IN LAW OFFICE 76984 Dec. 10, 2005 TEAS RESPONSE TO OFFICE ACTION RECEIVED Jun. 13, 2005 NON-FINAL ACTION MAILED Jun. 13, 2005 NON-FINAL ACTION WRITTEN 77875 Jun. 11, 2005 PREVIOUS ALLOWANCE COUNT WITHDRAWN Jun. 11, 2005 APPROVED FOR PUB - PRINCIPAL REGISTER Jun. 11, 2005 ASSIGNED TO EXAMINER 77875 Nov. 15, 2004 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: GENERIC WEB UPDATE Date in Location: Oct. 18, 2017 Assignment Abstract Of Title Information

Summary Total Assignments: 2 Registrant: CAKE BEAUTY INC.

Assignment 1 of 2