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Goods and Services Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA959740 Filing date: 03/12/2019 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 Spigen Korea Co., Ltd. Granted to Date 03/13/2019 of previous ex- tension Address 446, Bongeunsa-ro Gangnam-gu Seoul, 06153 KOREA, REPUBLIC OF Attorney informa- HEEDONG CHAE tion LUCEM PC 660 S FIGUEROA ST , SUITE 1200 LOS ANGELES, CA 90017 UNITED STATES [email protected] 213-387-3630 Applicant Information Application No 87842981 Publication date 11/13/2018 Opposition Filing 03/12/2019 Opposition Peri- 03/13/2019 Date od Ends Applicant Shenzhen ESR Originality Ltd. 5/F, BLDG 10B, Taihua Wutong Industrial Park,Gushu,Xixiang Street, Bao'an Area,Shenzhen, 518000 CHINA Goods/Services Affected by Opposition Class 012. First Use: 2017/12/21 First Use In Commerce: 2018/01/21 All goods and services in the class are opposed, namely: Anti-theft devices for vehicles; Cigar light- ers for automobiles; Covers for vehicle steering wheels; Fitted seat coversfor vehicles; Folding bikes; Head-restsfor vehicle seats; Saddle covers for bicycles; Spare wheel covers; Upholstery for vehicles; Vehicle parts, namely, windshield visors Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) No use of mark in commerce before application Trademark Act Sections 1(a) and (c) or amendment to allege use was filed No bona fide intent to use mark in commerce for Trademark Act Section 1(b) identified goods or services Dilution by blurring Trademark Act Sections 2 and 43(c) Fraud on the USPTO In re Bose Corp., 580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir. 2009) Marks Cited by Opposer as Basis for Opposition U.S. Registration 4248155 Application Date 02/17/2012 No. Registration Date 11/27/2012 Foreign Priority NONE Date Word Mark SPIGEN Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 0 First Use In Commerce: 0 Fitted plastic films known as skins forcovering and protecting electronic apparat- us, namely, cell phones, tablet computers, mp3 players, smart telephones, digit- al cameras, portable media players andnavigation apparatus for vehicles; cases for electronic devices, namely, cell phones, tablet computers, mp3 players, smart telephones, digital cameras, portable media players and navigation appar- atusfor vehicles; keyboards for mobile phones and computers; computer mouse; cell phone battery chargers; computer application software for mobile phones; USB cables; electric charging cables; cables fordata transmission; earphones; audio speakers; wireless indoor and outdoor speakers; microphones; portable and external hard disk drives; radio transmitters; straps for mobile telephones; tripods for cameras U.S. Registration 5666738 Application Date 06/21/2018 No. Registration Date 01/29/2019 Foreign Priority NONE Date Word Mark SPIGEN Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2012/07/11 First Use In Commerce: 2012/07/11 Armbands specially adapted for personalelectronic devices, namely, cell phones, MP3 players, personal digital assistants, tablet computer; Batteries; Battery chargers; Electronic docking stations; Power adapters; USB charging ports; USB charging ports for use in vehicles; Wireless chargers; Electric ad- apter cables; Electrical adapters; USB hubs; Camera lens mounts; Camera lens adapters; Optical lens blanks; computer mouse pad; Blank USB flash drives; Wireless ear buds; Headphones; magnetic plate for smartphone and PC tablet mounts and stands; In-car telephone handset cradles; Stands adapted for wire- less ear phones, wireless ear buds and wireless ear pieces; Stands for handheld digital electronic devices, namely, cell phones, smartphones, portable media players, MP3 players, personal digital assistants, and tablet personal computers; Stands for personal digital electronic devices, namely, cell phones, tablet com- puters, MP3 players, smartphones, smart watches, personal digital assistants, wireless ear phones, wireless ear buds and wireless ear pieces; Strap for wire- less ear phones; Selfie stick for personal digital electronic devices, namely,cell phones, MP3 players, personal digital assistants; Portable digital electronic scales; Electric door bells; Waterproof cases for smart phones; USB (universal serial bus) hardware; and Monopods for handheld digital electronic devices, namely, folding metal ring for cell phone Class 035. First use: First Use: 2012/07/11 First Use In Commerce: 2012/07/11 On-line retail store services featuringArmbands specially adapted for per- sonalelectronic devices, Batteries, Battery chargers, Electronic docking stations, Power adapters, USB charging ports, USB charging ports for use in vehicles, Wireless chargers, Electric adapter cables, Electrical adapters, USB hubs, Cam- era lens mounts, Camera lens adapters, Optical lens blanks, computer mouse pad, Blank USB flash drives, Wireless ear buds, Headphones, magnetic plate for smartphone and PC tablet mounts and stands, In-car telephone handset cradles, Stands adapted for wireless ear phones, Stands for handheld digital electronic devices, Stands for personal digital electronic devices,Strap for wire- less ear phones, Selfie stick for personal digital electronic devices, Portable di- gital electronic scales, Electric door bells, Waterproof cases for smart phones, USB (universal serial bus) hardware, and Monopods for handhelddigital elec- tronic devices; On-line wholesale and retail store services featuring Armbands specially adapted for personal electronic devices, Batteries, Battery chargers, Electronic docking stations,Power adapters, USB charging ports, USBcharging ports for use in vehicles, Wireless chargers, Electric adapter cables,Electrical adapters, USB hubs, Camera lens mounts, Camera lens adapters, Optical lens blanks, computer mouse pad, BlankUSB flash drives, Wireless ear buds, Head- phones, magnetic plate for smartphone and PC tablet mounts and stands, In-car telephone handset cradles, Stands adapted for wireless ear phones, Stands for handheld digital electronic devices, Stands for personal digital electronic devices, Strap for wireless ear phones, Selfiestick for personal digital electronic devices, Portable digital electronic scales, Electric door bells, Waterproof cases for smart phones, USB (universal serial bus) hardware, and Monopods for hand- held digital electronic devices; Retail store services featuring Armbands spe- cially adapted for personal electronic devices, Batteries, Battery chargers, Elec- tronic docking stations, Power adapters, USBcharging ports, USB charging ports for use in vehicles, Wireless chargers, Electric adapter cables, Electrical ad- apters, USB hubs, Camera lens mounts, Camera lens adapters, Optical lens blanks, computer mouse pad, Blank USB flash drives, Wireless ear buds, Head- phones, magnetic plate for smartphone and PC tablet mountsand stands, In-car telephone handset cradles, Stands adapted for wireless ear phones, Stands for handheld digital electronic devices, Stands for personal digital electronic devices, Strap for wireless ear phones, Selfie stick for personal digital electronic devices, Portable digital electronic scales, Electric door bells, Waterproof cases for smart phones, USB (universal serial bus) hardware, andMonopods for hand- held digital electronic devices; Wholesale and retail store services featuring Armbands specially adapted for personal electronic devices, Batteries, Battery chargers, Electronic docking stations, Power adapters, USB charging ports, USB charging ports for use invehicles, Wireless chargers, Electric adapter cables, Electrical adapters, USB hubs, Camera lens mounts, Camera lens ad- apters, Optical lens blanks, computer mouse pad, Blank USB flash drives, Wire- less ear buds, Headphones, magnetic plate for smartphone and PC tablet mounts and stands, In-car telephone handset cradles,Stands adapted for wire- less ear phones,Stands for handheld digital electronic devices, Stands for per- sonal digital electronic devices, Strap for wireless ear phones, Selfie stick for personal digital electronic devices, Portable digital electronic scales, Electric door bells, Waterproof cases for smart phones, USB (universal serial bus) hard- ware, and Monopods for handheld digital electronic devices U.S. Registration 4551216 Application Date 10/28/2013 No. Registration Date 06/17/2014 Foreign Priority NONE Date Word Mark SPIGEN Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2011/11/16 First Use In Commerce: 2011/11/16 Audio speakers; Carrying cases specially adapted for electronic equipment, namely, cell phones, tablet computers, mp3 players, smart telephones, digital cameras, portable media players and navigationapparatus for vehicles; Cases for mobile phones; Cell phone battery chargers; Cell phone cases; Cell phone covers; Clear protective covers specially adapted for personal electronic devices, namely, cell phones, personal digital assistants,tablet personal com- puters; Computer application software for mobile phones, namely, software for cell phones; Computer cables; Computer mouse; Earphones; Electric charging cables; External computer hard drives; Fitted plastic films known as skins for covering and protecting electronic apparatus, namely, cell phones, tablet com- puters,
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