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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA371566 Filing date: 10/04/2010 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 Kraft Foods Global Brands LLC Granted to Date 10/02/2010 of previous extension Address Three Lakes Drive Northfield, IL 60093 UNITED STATES Attorney Demetra Merikas information Kraft Foods Global Brands LLC Three Lakes Drive Northfield, IL 60093 UNITED STATES [email protected] Phone:847.646.2304 Applicant Information Application No 77954751 Publication date 08/03/2010 Opposition Filing 10/04/2010 Opposition 10/02/2010 Date Period Ends Applicants Rembao, Oscar 4168 w. granite dells ct. tucson, AZ 85745 UNITED STATES Rembao, Sonia 4168 w. granite dells tucson, AZ 85745 UNITED STATES Goods/Services Affected by Opposition Class 030. First Use: 2007/01/01 First Use In Commerce: 2007/01/01 All goods and services in the class are opposed, namely: Barbecue sauce; Chicken wing sauce; Marinade mixes; Marinades; Sauces Grounds for Opposition Priority and likelihood of confusion Trademark Act section 2(d) Dilution Trademark Act section 43(c) Marks Cited by Opposer as Basis for Opposition U.S. Registration 1659931 Application Date 10/25/1990 No. Registration Date 10/08/1991 Foreign Priority NONE Date Word Mark OSCAR MAYER Design Mark Description of NONE Mark Goods/Services Class 029. First use: First Use: 1885/01/01 First Use In Commerce: 1885/01/01 meats U.S. Registration 553462 Application Date 01/10/1950 No. Registration Date 01/15/1952 Foreign Priority NONE Date Word Mark OSCAR MAYER Design Mark Description of NONE Mark Goods/Services Class U046 (International Class 029). First use: First Use: 1948/02/16 First Use In Commerce: 1948/02/16 HAM, BACON, LARD, FRESH PORK, WIENERS, PORK SAUSAGE, LIVER SAUSAGE, PORK AND BEEF SAUSAGE, BOLOGNA, SMOKE PORK SHOULDER, SMOKED PORK SHOULDER BUTTS, MEAT LOAF, SCRAPPLE, FRESH BEEF, CANNED BEEF, CANNED PORK, CANNED LUNCHEON MEAT, CANNED WIENERS, BEEF CARCASSES, OLIVE LOAF, BLOOD AND TONGUE PUDDING, HEAD CHEESE, PICKLE AND PIMIENTO LOAF, LIVERWURST, CANNED BEEF WITH BARBECUE SAUCE, SUMMER SAUSAGE, SANDWICH SPREAD, BAKED LOAF, SALAMI, SMOKED PORK SAUSAGE, AND BONELESS COOKED HAM U.S. Registration 1663536 Application Date 10/26/1990 No. Registration Date 11/05/1991 Foreign Priority NONE Date Word Mark OSCAR MAYER Design Mark Description of NONE Mark Goods/Services Class 029. First use: First Use: 1948/02/16 First Use In Commerce: 1948/02/16 meats U.S. Registration 1563592 Application Date 10/17/1988 No. Registration Date 10/31/1989 Foreign Priority NONE Date Word Mark OSCAR MAYER Design Mark Description of NONE Mark Goods/Services Class 030. First use: First Use: 1987/09/18 First Use In Commerce: 1987/09/18 LUNCH COMBINATIONS CONSISTING OF CRACKERS WITH MEAT AND CHEESE OR CRACKERS WITH MEAT AND POULTRY Attachments 71590607#TMSN.gif ( 1 page )( bytes ) 74109772#TMSN.gif ( 1 page )( bytes ) 73758146#TMSN.gif ( 1 page )( bytes ) Kraft.PDF ( 5 pages )(75717 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 /Demetra Merikas/ Name Demetra Merikas Date 10/04/2010 ______________ UNITED STATES PATENT AND TRADEMARK OFFICE TRADEMARK TRIAL AND APPEAL BOARD in the Matter of Application Serial No. 77954751: OSCAR’S CHICKEN MARINADE Published in the Official Gazette of August 3, 2010, in International Class 30 1(RAFT FOODS GLOBAL BRANDS LLC, Opposer, Opp. No V. SONIA REMBAO, DBA OSSO LLC OSCAR REMBAO, DBA OSSO LLC Applicant. NOTICE OF OPPOSITION Krafi Foods Global Brands LLC (“Opposer”), a Delaware limited liability company located and doing business Three Lakes Drive, Northfield, Illinois, believes it will be damaged by registration of the mark shown in Application Serial No. 77954751 and hereby opposes the same. The grounds for the opposition are as follows: 1. For over 100 years, Opposer, through its predecessors and related companies, has manufactured, advertised, and sold a variety of products consisting of meats and poultry, combination meals consisting of meat and poultry, and related products (“OSCAR MAYER Products”) under the trademarks OSCAR MAYER, OSCAR and marks comprised of OSCAR (“OSCAR MAYER Trademarks”). 2. Opposer has sold many millions of dollars worth of OSCAR MAYER Products under the OSCAR MAYER Trademarks throughout the United States and has spent many millions of dollars advertising and promoting its OSCAR MAYER Trademarks for OSCAR MAYER Products throughout the United States. 3, As a result of Opposer’s long use, extensive sales, advertising, and promotional efforts, the OSCAR MAYER Trademarks are famous marks that the public has come to identify with Opposer. 4. By virtue of Opposer’s long use, extensive sales, advertising and promotional of the OSCAR MAYER Trademarks, Opposer has established valuable goodwill in the marks. 5. Opposer owns several registrations of OSCAR MAYER Trademarks for a variety of meat, poultry and combination meal products, and related products, including the following: Mark US Registration Number Goods OSCAR MAYER 1659931 Meats OSCAR MAYER & 553462 Ham, bacon, wieners, pork RHOMBOID DEVICE sausage, liver sausage, pork and beef sausage, bologna, olive loaf, pickle and pirniento loaf, liverwurst, summer sausage, sandwich spread, baked loaf, salami, smoked pork sausage and boneless cooked ham OSCAR MAYER& 1663536 v1eats RHOMBOID DEVICE OSCAR MAYER & 1563592 Lunch combinations RHOMBOID DEVICE consisting of crackers with meat and cheese or crackers with meat and poultry 6. On March 9, 2010, Applicant filed a use-based application to register the mark OSCAR’S CHICKEN MARINADE for “barbecue sauce, chicken wing sauce, marinade mixes, marinades, sauces,” Application Serial No. 77954751. 7. Applicant’s stated date of first use in commerce of OSCAR’S CHICKEN MARiNADE in Application Serial No. 77954751 is as at least as early as January 1, 2007. 8. On information and belief, Applicant has no basis for claiming rights in the mark OSCAR’S CHICKEN MARINADE prior to Opposer’s first use of the OSCAR Trademarks. 9. The dominant portion of Applicant’s OSCAR’S CHICKEN MARINADE mark is the word “OSCAR’S”. As such, Applicant’s mark is similar to and fully incorporates the “OSCAR” portion of Opposer’s OSCAR MAYER Trademarks. 10. The goods stated in Application Serial No. 77954751 are related to the OSCAR MAYER Products offered for sale and advertised under Opposer’s OSCAR MAYER Trademarks. 11. Applicant’s use of and application to register the mark OSCAR’S CHICKEN MARINADE is without Opposer’s consent. 12. Applicant’s use of the mark OSCAR’S CHICKEN MARINADE for the goods stated in Application Serial No. 77954751 is likely to result in confusion, mistake or deception with Opposer’s OSCAR MAYER Trademarks, or in the belief that Applicant or its OSCAR’S CHICKEN MARINADE products are in some way connected with, or licensed or approved by, Opposer. 13. Applicant’s use of the mark OSCAR’S CHICKEN MARINADE is likely to dilute Opposer’s famous OSCAR MAYER Trademarks. __________ ___ WHEREFORE, registration by applicant of OSCAR’S CHICKEN MARINADE for the goods stated in Application Serial No. 7795475 1 would be damaging to Opposer. Opposer respectfully asks the Board to sustain this opposition. Signed: Date October4,2010 Attorney For Opposer Demetra Merikas KRAFT FOODS GLOBAL BRANDS LLC Three Lakes Drive Northfield, Illinois 60610 (847) 646-2304 demetra. rnerikas@kraft. corn CERTIFICATE OF SERVICE I, Dernetra Merikas, hereby certify that a copy of the foregoing NOTICE OF OPPOSITION was served upon Oscar and Sonia Rernbau, 4168 West Granite Dells Court. Tucson, Arizona 85745. via first class mail, postage pre-paid, on this 4th1 day of October 2010. Vr_J).

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