Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov ESTTA Tracking number: ESTTA1136304 Filing date: 05/25/2021

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 JJ Winks, LLC Entity Limited Liability Company Citizenship California Address 6731 HARBOR KEY CIRCLE HUNTINGTON BEACH, CA 92648 UNITED STATES

Correspondence MAHSA HAKIMI information ATTORNEY OF RECORD JJ WINKS, LLC 916 KEARNY STREET SUITE 604 SAN FRANCISCO, CA 94133 UNITED STATES Primary Email: [email protected] 4152554503

Applicant Information

Application No. 90272996 Publication date 04/27/2021 Opposition Filing 05/25/2021 Opposition Peri- 05/27/2021 Date od Ends Applicant Liu Jianliang NO. 39, LINGXIA, YUNGANG VILLAGE QUANJIANG TOWN, SUICHUAN COUNTY JI'AN CITY, JIANGXI, 343900 CHINA Goods/Services Affected by Opposition

Class 025. First Use: 2020/10/01 First Use In Commerce: 2020/10/01 All goods and services in the class are opposed, namely: Aprons; Balaclavas; Bikinis; Cummerbunds; Earmuffs; Footwear; Gloves; Hats; Insoles; Rainwear; Slipovers; Socks; Swimsuits; T-shirts; Under- garments; Children'sand infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Cyclists' jerseys; Dance costumes; Disposable underwear; Down jackets; Gym suits; Raincoats; Scarfs;Shirts; Shoe covers for use when wearing shoes; Short-sleeved or long- sleeved t-shirts; Skirts; Ties as clothing; Tops as clothing; Waterproof footwear; Wedding gowns; Yoga pants; Yoga tops; Outer jackets Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition U.S. Registration 5237932 Application Date 03/31/2016 No. Registration Date 07/04/2017 Foreign Priority NONE Date Word Mark JJ WINKS Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2017/03/16 First Use In Commerce: 2017/03/16 Bottoms; lounge pants; night gowns; night shirts; nightwear; pajama bottoms; pajamas; shapewear; shirts for adults, women and men; sleep pants; sleep shirts; sleeping garments; sleepwear; tops; T-shirts for adults, women and men; women's athletic tops with built-in bras

U.S. Registration 5961341 Application Date 07/08/2019 No. Registration Date 01/14/2020 Foreign Priority NONE Date Word Mark JJ Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2017/03/16 First Use In Commerce: 2017/03/16 Lounge pants; Night gowns; Night shirts; Nightwear; Pajama bottoms; Pajamas; Pajamas for adults; Shapewear; Shapewear, namely, tops with light elastic chest support; Sleep pants; Sleep shirts; Sleeping garments; Sleepwear; Wo- men's athletictops with built-in bras

Attachments 86959953#TMSN.png( bytes ) 88504139#TMSN.png( bytes ) 2021.05.25 JJWINKS v JJD -TM opposition.pdf(1075218 bytes ) Signature /mahsa hakimi/ Name Mahsa Hakimi Date 05/25/2021

1 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD 2

3 JJ WINKS, LLC, A California ) Trademark Application Serial 4 Limited Liability Company, ) No: 90272996 ) 5 Opposer, ) Mark: JJD ) 6 v. ) Filed: 10/22/2020 ) 7 Liu Jianliang, ) ) Published: April 27, 2021 8 An Individual ) ) Opposition No. ______9 ) 10 Applicant. ) ) 11

12 NOTICE OF OPPOSITION

13 JJ WINKS, LLC (“Opposer”), a California Limited Liability Company, having a 14 principal place of business at 673 Harbor Key Circle, Huntington Beach, California 15 92648, believes that it will be damaged by Liy Jianliang, an individual represent by 16 Jonathan G. Morton (“Applicant”) registration of the Mark “JJD” (“Applicant’s Mark”) 17 shown in U.S. Application Serial Number 90272996 and hereby opposes the same. As 18 grounds for its opposition, Opposer alleges that, upon actual knowledge with respect 19 to itself and its own acts, and upon information and belief as to other matters: 20

21 APPLICANTS MARK 22 1. Applicant filed a Section 1(A) trademark application assigned Application 23 Serial No. 90272996 in the United State Patent and Trademark Office (“PTO”) on 24 October 22, 2020 (the “Application”) to register the word mark “JJD” for use in 25 connection with “Aprons; Balaclavas; Bikinis; Cummerbunds; Earmuffs; Footwear;

HAKIMI LAW, PC NOTICE OF OPPOSITION–JJD APPLICATION SERIAL NO. 90272996 1

1 Gloves; Hats; Insoles; Rainwear; Slipovers; Socks; Swimsuits; T-shirts;

2 Undergarments; Children's and infant's apparel, namely, jumpers, overall sleepwear,

3 pajamas, rompers and one-piece garments; Cyclists' jerseys; Dance costumes;

4 Disposable underwear; Down jackets; Gym suits; Raincoats; Scarfs; Shirts; Shoe

5 covers for use when wearing shoes; Short-sleeved or long-sleeved t-shirts; Skirts;

6 Ties as clothing; Tops as clothing; Waterproof footwear; Wedding gowns; Yoga pants;

7 Yoga tops; Outer jackets” in International Class 25.

8 2. The First Use Anywhere and the First Use in Commerce Dates submitted by

9 Applicant in its Application were both Octobers 1, 2020.

10 3. The Specimens submitted by Applicant in its Application was a single page

11 image of glove photos on Superbuytech website page where Applicant’s one item

12 appears for sale to public. The specimen does not show any use of the mark “JJD” on

13 the gloves itself or any name tag showing the Applicant’s mark being used as the

14 brand for the product itself. The word “JJD” is only used in the description of the

15 product on the web page.

16 4. The Application for Applicant’s Mark was published for opposition in the

17 Official Gazette on April 27, 2021.

18

19 OPPOSER’S MARK

20 5. Opposer is owner of U.S. Registration Number 5,237,932 for Mark “JJ

21 WINKS” filed with the USPTO on 3/31/2016 and 5,961,341 for the mark “JJ”

22 (“Opposer’s Marks”) filed with the USPTO on July 8, 2019 for class 25 relating to

23 clothing, including but not limited to “Lounge pants, Night gowns; Night shirts;

24 Nightwear; Pajamas; Pajamas for adults; Sleep shirts; Sleeping garments; Sleepwear;

25 Women’s athletic tops with build-in bras ” (“Opposer’s Goods”).

HAKIMI LAW, PC NOTICE OF OPPOSITION–JJD APPLICATION SERIAL NO. 90272996 2

1 6. Opposer is an established clothing designer and distributor providing unique

2 and diverse apparel collection to its customers since its inception in California in 2017.

3 Opposer has used the Opposer’s Marks continuously in association with Opposer’s

4 Goods in commerce since at least as early as March of 2017 and the Opposer’s

5 Marks are currently in use in commerce with Opposer’s Goods. Opposer Goods and

6 information about the clothing line can be found on-line at www.jjwinks.com.

7 7. The date of first use and date of first use in commerce for both of Opposer’s

8 Marks “JJ WINKS” and “JJ” was on March 16, 2017. The Opposer’s Mark “JJ WINKS”

9 was registered as Registration No. 5,237,932 in class 25 on July 4, 2017. The

10 Opposer’s Mark “JJ” was registered as Registration No. 5,961,341 in class 25 on

11 January 14, 2020. A copy of the Opposer’s Trademark Registration Certificates of

12 Opposer’s Marks are attached as Exhibit A and Exhibit B. The foregoing registrations

13 are valid and constitute prime facie evidence of the validity of the marks and

14 registration of Opposer’s ownership and exclusive right to use the Marks in commerce,

15 and provide constructive notice of ownership by Opposer.

16 8. The Opposer has continuously used the Opposer’s Marks in association

17 with the Opposer’s Goods in commerce at least as early as March 16, 2017, whether

18 as part of its clothing line and other products, promotional material, company name,

19 internet or national publications. The Opposer’s Goods are advertised online and

20 have received unsolicited media attention. Specifically, they have been featured as a

21 top co-working space in various national and international publications, including but

22 not limited to People, InStyle, Eonline, Vanity Fair and Vogue. The Opposer’s Marks

23 have established a strong reputation in the industry and by its clientele.

24

25

HAKIMI LAW, PC NOTICE OF OPPOSITION–JJD APPLICATION SERIAL NO. 90272996 3

1 PRIORITY OF USE

2 9. Opposer’s filing date and the Opposer’s first use date for the Opposer’s

3 Marks is earlier than Applicant’s filing date its Application and its alleged First Use in

4 Commerce Date for the Applicant’s Mark.

5 10. Priority is not an issue in this case because both of the Opposer’s filing

6 date and the Opposer’s first use date for the Opposer’s Marks precede the Applicant’s

7 alleged filing date and the Applicant’s alleged first use date for Applicant’s Mark.

8 11. Upon information and belief, as of today, Applicant’s products are

9 available to United States consumers on Superbuytech website only. Applicant does

10 not have any other commercial presence in United States other than Superbuytech

11 website.

12 LIKELIHOOD OF CONFUSION Section 2(d) of the Lanham Act, as amended, 15 U.S.C. §1052(d) 13 12. Opposer repeats and realleges each and every allegation set forth 14 above. 15 13. The Applicant’s mark “JJD” is identical or nearly identical to Opposer’s 16 Mark “JJ”. The Applicant’s Mark “JJD” in its totality is confusingly similar in sound, 17 meaning and appearance to Opposer’s Mark “JJ”. In fact, the addition of the “D” to “JJ” 18 does not add a distinguishing value, leaving “JJ” as the principle element of the mark. 19 The addition of the “D” not only fails to add any distinguishable value, it actually makes 20 the mark “JJD”, in its totality, read and sound exactly as Opposer’s Mark “JJ”. This 21 makes Applicant’s mark “JJD” confusingly similar in sound, meaning and appearance 22 to Opposer’s Mark “JJ”. The Applicant’s registration and use of its mark would likely 23 create confusion, mistake, or deception in the minds of prospective purchasers as to 24 the origin or source of Opposer’s goods and services. 25

HAKIMI LAW, PC NOTICE OF OPPOSITION–JJD APPLICATION SERIAL NO. 90272996 4

1 14. Additionally, the Applicant’s intended goods are exactly the same as of

2 those of the Opposer’s goods as both offer clothing and apparel for sale to the

3 consumers and therefore travel in the same channels of trade and are viewed by the

4 same customers and shoppers. Applicant’s goods are therefore substantially similar to

5 the Opposer’s goods with which the Opposer’s Marks are used. Purchasers that are

6 familiar with Opposer’s goods are likely to mistakenly believe that the Applicant’s

7 clothing are sponsored by, authorized, endorsed, affiliated with or otherwise approved

8 by Opposer because the Applicant’s Mark sought to be registered and used by the

9 Applicant is confusingly similar to the Opposer’s already existing Marks.

10 15. For the foregoing reasons, the registration sought by applicant is

11 contrary to the provisions of Section 2 of the Lanham Act, and Opposer believes that it

12 would be damaged thereby.

13

14 WHEREFORE, Opposer respectfully requests that registration of the mark shown

15 in Application Serial Number 90272996 be refused and that this Opposition be

16 sustained in favor of Opposer.

17

18 DATED: May 24, 2021

19 Hakimi Law, PC 916 Kearny Street, Suite 604 20 San Francisco, CA 94133 21 Telephone: 415-255-4503 Email: [email protected] 22

23

24 ______Mahsa Hakimi 25 Attorney for Opposer JJ WINKS, LLC

HAKIMI LAW, PC NOTICE OF OPPOSITION–JJD APPLICATION SERIAL NO. 90272996 5

EXHIBIT A

EXHIBIT B