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Attorney/Correspondence Information Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1096068 Filing date: 11/18/2020 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 party opposes registration of the indicated application. Opposer Information Name Absolute Beauty, LLC Entity Limited Liability Company Citizenship Delaware Address 4600 MADISON AVENUE SUITE 400 KANSAS CITY, MO 64112 UNITED STATES Attorney informa- CHERYL L. BURBACH tion HOVEY WILLIAMS, LLP 10801 MASTIN BLDG. 84, SUITE 1000 OVERLAND PARK, KS 66210 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], jmash- [email protected] 9136479050 Docket Number Applicant Information Application No. 88867233 Publication date 10/27/2020 Opposition Filing 11/18/2020 Opposition Peri- 11/26/2020 Date od Ends Applicant Ogunyinka, Victoria F18 1111 RIVER ROAD EDGEWATER, NJ 07020 UNITED STATES Goods/Services Affected by Opposition Class 026. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Hair extensions; Hair pieces Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition U.S. Registration 2475978 Application Date 04/10/1995 No. Registration Date 08/07/2001 Foreign Priority NONE Date Word Mark BEAUTY BRANDS SALON SUPERSTORE Design Mark Description of NONE Mark Goods/Services Class 042. First use: First Use: 1999/06/01 First Use In Commerce: 1999/06/01 retail store services in the field of magazines, books, cosmetics, fragrances, skin care preparations, hair care preparations, soaps, nail care products, candles, sunglasses, massage oils, essential oils, bath and shower oil and gels, deodor- ants, baskets, pantyhose, personal care and grooming items, travel cases, hair- accessories, diffusers, blow dryers, cleaning preparations, aroma therapies, jew- elry and fashion accessories, atomizers, spray bottles, spa accessories, gift nov- elties, and beauty salon services featuring hair care, hair styling, skin care, fa- cials, body wraps, nail treatments U.S. Registration 2411475 Application Date 02/03/1998 No. Registration Date 12/05/2000 Foreign Priority NONE Date Word Mark BEAUTY BRANDS SUPERSALON Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 2000/06/01 First Use In Commerce: 2000/06/01 Retail store services in the field of [magazines, books, ] cosmetics, fragrances, skin care preparations, hair care preparations, soaps, nail care products, candles, sunglasses, massage oils, essential oils, bath and shower oil and gels, [ deodorants, ] baskets, [ pantyhose, ] personal care and grooming items, travel- cases, hair accessories, diffusers, blow dryers, [ cleansing preparations, ] aroma therapies, [ jewelry and fashion accessories, atomizers, spray ] bottles, spa ac- cessories, and gift novelties Class 042. First use: First Use: 2000/06/01 First Use In Commerce: 2000/06/01 Beauty salon services featuring hair care, hair styling, skin care, facials, body wraps, and nail treatments U.S. Registration 2343005 Application Date 02/10/1999 No. Registration Date 04/18/2000 Foreign Priority NONE Date Word Mark BEAUTY BRANDS SALON SPA SUPERSTORE Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1995/08/24 First Use In Commerce: 1995/08/24 Retail store services in the field of magazines, books, cosmetics, fragrances, skin care preparations, hair care preparations, soaps, nail care products, candles, sunglasses, massage oils, essential oils, bath and shower oil and gels, deodorants, baskets, pantyhose, personal care and grooming items, travel cases, hairaccessories, diffusers, blow dryers, cleaning preparations, aroma therapies, jewelry and fashion accessories, atomizers, spray bottles, spa ac- cessories and gift novelties Class 042. First use: First Use: 1995/08/24 First Use In Commerce: 1995/08/24 Beauty salon services featuring hair care, hair styling, skin care, facials, body wraps, and nail treatments U.S. Registration 2699344 Application Date 11/15/2000 No. Registration Date 03/25/2003 Foreign Priority NONE Date Word Mark BEAUTY BRANDS SALON SPA SUPERSTORE Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1995/09/29 First Use In Commerce: 1995/09/29 retail store services in the field of [magazines, books, ] cosmetics, fragrances, skin care preparations, hair care preparations, soaps, nail care products, [candles, sunglasses, ] massage oils, essential oils, bath and shower oil and gels, deodorants, [ baskets, pantyhose, ] personal care and grooming items, travelcases, hair accessories, diffusers, blow dryers, cleaning preparations, aroma therapies, [ jewelry and ] fashion accessories, atomizers, spray bottles, spa accessories, gift novelties Class 044. First use: First Use: 1995/09/29 First Use In Commerce: 1995/09/29 beauty salon services featuring hair care, hair styling, skin care, facials [ body wraps, ] and nail treatments U.S. Registration 2682975 Application Date 12/05/2001 No. Registration Date 02/04/2003 Foreign Priority NONE Date Word Mark BEAUTY BRANDS Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1995/08/23 First Use In Commerce: 1995/08/23 retail store services in the field of [magazines, books, ] cosmetics, fragrances, skin care preparations, hair care preparations, soaps, nail care products, [candles, sunglasses, ] massage oils, essential oils, bath and shower oil and gels, deodorants, [ baskets, pantyhose, ] personal care and grooming items, travelcases, hair accessories, diffusers, blow dryers, cleaning preparations, aroma therapies, [ jewelry and ] fashion accessories, atomizers, spray bottles, spa accessories, gift novelties Class 044. First use: First Use: 1995/08/23 First Use In Commerce: 1995/08/23 beauty salon services featuring hair care, hair styling, skin care, facials, [ body wraps, ] and nail treatments U.S. Registration 4361586 Application Date 01/31/2013 No. Registration Date 07/02/2013 Foreign Priority NONE Date Word Mark BEAUTY BRANDS Design Mark Description of NONE Mark Goods/Services Class 044. First use: First Use: 1995/08/23 First Use In Commerce: 1995/08/23 beauty salon services featuring hair care, hair styling, skin care, facials, and nail treatments; cosmetic services, namely, non-permanent hair removal; massage therapy services U.S. Registration 5044679 Application Date 02/05/2016 No. Registration Date 09/20/2016 Foreign Priority NONE Date Word Mark BEAUTY BRANDS Design Mark Description of The mark consists of stylized wording with the word "BEAUTY" stacked on top Mark of the word "BRANDS". Goods/Services Class 035. First use: First Use: 2014/11/00 First Use In Commerce: 2014/11/00 retail store services in the field of cosmetics, fragrances, skin care preparations, hair care preparations, soaps, nail care products, massage oils, essentialoils, bath and shower oil and gels, deodorants, personal care and grooming items, travel cases, hair accessories, diffusers, blow dryers, cleaning preparations, aroma therapies, fashion accessories, atomizers, spray bottles, spa accessor- ies, gift novelties Class 044. First use: First Use: 2014/11/00 First Use In Commerce: 2014/11/00 beauty salon services featuring hair care, hair styling, skin care, facials, and nail treatments; cosmetic services, namely, non-permanent hair removal; massage therapy services Attachments Notice of Opposition - Silhouette.pdf(185177 bytes ) Exhibit 1.pdf(498962 bytes ) Signature /Cheryl L. Burbach/ Name Cheryl L. Burbach Date 11/18/2020 THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the Matter of ) Serial No. 88/867,233 ) ) ABSOLUTE BEAUTY, LLC, ) Opposer, ) ) v. ) ) SILHOUETTE BEAUTY BRAND, ) Applicant. ) ______________________________________________________________________________ NOTICE OF OPPOSITION In the matter of Application Serial No. 88/867,233, filed April 10, 2020, in the name of Victoria Ogunyinka (hereinafter “Applicant”), published for opposition in the Trademark Official Gazette on October 27, 2020, for the mark SILHOUETTE BEAUTY BRAND and Design (hereinafter the “Opposed Application”). Beauty Brands (hereinafter “Opposer”) believes that it will be damaged by registration of the mark shown in the Opposed Application and hereby opposes the same. As grounds for opposition, it is alleged as follows: 1. Opposer, Absolute Beauty, LLC d/b/a Beauty Brands, is a Delaware corporation organized under the laws of the State of Delaware, having a principal place of business at 4600 Madison Avenue, Suite 400, Kansas City, Missouri 64112. 2. Upon information and belief, Applicant, Victoria Ogunyinka, is an individual in the United States, having a recorded address at 1111 River Road, Edgewater, New Jersey, 07020. Applicant has no recorded attorney of record. OPPOSER’S TRADEMARK 1. Opposer is the owner of several trademarks containing “BEAUTY BRANDS.” Below is a table for Opposer’s trademark registrations for marks consisting of or containing the phrase “BEAUTY BRANDS,” which are for services related to cosmetics, hair care preparations and accessories, and beauty salon services featuring hair care and hair styling (“Opposer’s Marks”). A true and accurate copy of the Certificates of Registration and Trademark Status & Document Retrieval (“TSDR”) status pages for Opposer’s Marks referenced
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