Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1032893 Filing date: 01/31/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 88360870 Applicant Rocket Box Inc. Applied for Mark ROCKET BOX JACKS QUALITY Correspondence BRIAN TUCKER Address KIRTON MCCONKIE 36 S STATE STREET, #1900 SALT LAKE CITY, UT 84111 UNITED STATES
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[email protected] 801-239-3147 Submission Appeal Brief Attachments JACKS Logo - Appeal Brief.pdf(1078015 bytes ) Rocket Box Exhibits A-E.pdf(3577783 bytes ) Rocket Box Exhibits F-J.pdf(5566013 bytes ) Rocket Box Exhibits K-M.pdf(5166746 bytes ) Rocket Box Exhibits N-P.pdf(3479562 bytes ) Filer's Name Brian Tucker Filer's email
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[email protected] Signature /Brian Tucker/ Date 01/31/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Mark: Serial No.: 88/360,870 Applicant: Rocket Box Inc. Examiner: Shaila E. Lewis Law Office 114 APPLICANT’S APPEAL BRIEF Applicant respectfully requests that the Trademark Trial and Appeal Board (TTAB) reverse the Examiner’s final refusal under Section 2(d) because there is no likelihood of confusion between Applicant’s mark (the “Jacks Logo”) and the Rocket Box mark that is the subject of U.S. Trademark Registration No: 3,146,503 (the “Rocket Box Registration”). I. Relevant Facts The Rocket Box Registration is owned by Mattel, Inc. (“Mattel”), the owner of the Hot Wheels brand, and covers “toy vehicles and accessories therefor.” As evidenced by each specimen Mattel has relied on to establish use of the Rocket Box mark, Mattel uses Rocket Box as a name of a particular Hot Wheels car.