Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1065646 Filing date: 07/01/2020 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 emoji company GmbH Granted to Date 07/01/2020 of previous ex- tension Address NECKLENBROICHER STRASSE 52-54 MEERBUSCH, 40667 GERMANY Attorney informa- MARIJAN HUCKE tion HUCKE & SCHUBERT 1732 1ST #27500 NEW YORK, NY 10128 UNITED STATES Primary Email: [email protected], [email protected] 646-396-0410 Applicant Information Application No. 88480821 Publication date 03/03/2020 Opposition Filing 07/01/2020 Opposition Peri- 07/01/2020 Date od Ends Applicant Shenzhen DeRuiFeng Biotechnology Co., Ltd. NO.5 OF HUANCHENG SOUTH RD,LONGGANG DIST R910, BLOCK D, BANTIAN INTL CENTER SHENZHEN, GUANGDONG, 518100 CHINA Goods/Services Affected by Opposition Class 030. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Candy; Candy with caramel; Chocolate; Coffee; Fondants; Marzipan; Petits fours;Pralines; Sweetmeats; Tea-based beverages 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 Dilution by blurring Trademark Act Sections 2 and 43(c) Dilution by tarnishment Trademark Act Sections 2 and 43(c) Marks Cited by Opposer as Basis for Opposition U.S. Registration 4595110 Application Date 08/19/2013 No. Registration Date 09/02/2014 Foreign Priority 08/09/2013 Date Word Mark EMOJI Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 0 First Use In Commerce: 0 Perfumery; essential oils, cosmetics Class 014. First use: First Use: 0 First Use In Commerce: 0 Jewellery, watches, wrist watches and pocket watches Class 016. First use: First Use: 0 First Use In Commerce: 0 Printed matter, namely, greeting cards,collectable trading cards, correspond- ence cards, postcards, paper signs; comic books; children's books; bookbinding material; photographs; stationery; adhesives for stationery or household pur- poses;printed instructional and teaching material for primary and secondary schools in the fields of orthography, language, mathematics and art; plastic ma- terials for packaging, namely, plastic film for use as wrapping and packaging material for general use, plastic bags for packaging; paper, cardboard and goods made from these materials, not included in other classes, namely, advert- ising signs of cardboard, boxes of cardboard or paper, storage containers and packaging containers made of paper or cardboard, gift boxes made of cardboard Class 029. First use: First Use: 0 First Use In Commerce: 0 Preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, com- potes; milk and milk products including ice-cream, ice milk and frozen yogurt Class 030. First use: First Use: 0 First Use In Commerce: 0 Coffee, tea, cocoa and artificial coffee; bread, pastry and confectionery made of sugar; fruit ice, confectionary ices,flavored ices, ice cream bars Class 032. First use: First Use: 0 First Use In Commerce: 0 Beers; mineral and aerated waters and other non-alcoholic beverages, namely, isotonic beverages, non-alcoholic beverages with tea flavor, vegetable juices; fruit beverages and fruit juices; syrups for making beverages, namely soft drinks or tea-flavored beverages U.S. Registration 4868832 Application Date 08/26/2014 No. Registration Date 12/15/2015 Foreign Priority 08/15/2014 Date Word Mark EMOJI Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 0 First Use In Commerce: 0 Non-medicated toiletries; shampoos for pets; shampoos; soaps; shoe polish; laundry preparations, namely, laundry bleach, laundry soap, laundry detergent; beauty masks; make-up; oils for toilet purposes, namely, baby oil, bath oils, body oils; make-up preparations; powder for make-up; oils for perfumes and scents; perfumery; perfumes; lipsticks; false nails;false eyelashes; dry sham- poos; cosmetics; cosmetic pencils; cosmetics, namely, skin creams; cosmetics, namely non-medicated skin-care preparations; henna, namely, cosmetic dye; hairspray; shampoo; hair lotions; depilatory preparations; depilatory wax; scale removing preparationsfor household purposes; scented linen water; javelle wa- ter, namely, liquid soaps; deodorants for human beings and for animals; bath salts, not for medical purposes; cosmetic preparations for baths; toiletries, namely, antiperspirants; eyebrow pencils; eyebrow cosmetics; breath freshening strips; breath freshening sprays; essential oils; decorative transfersfor cosmetic purposes; aftershave; cleaning preparations; dentifrices; teeth whitening gels; polishing wax; shoe wax Class 016. First use: First Use: 0 First Use In Commerce: 0 Folders for papers; document files; photo, sticker, coin albums; stickers; paper mats for beer glasses; erasing products, namely, blackboard erasers, erasers, rubber erasers; postage stamps; writing paper; sealing stamps; inking pads; marker pens; note books; stencils; office requisites, namely, card, document, let- terfiles; towels of paper; stationery, namely, legal, memo, writing pads; greetings cards; postcards; handkerchiefs of paper; toilet paper; table covers of pa- per;conical paper bags; pen cases; stationery document portfolios; bags, envel- opes and pouches of paper or plastics, for packaging; passport covers; book- binding material; books in the field of coloring books, activity books, learning books; bookbindings; rubber erasers; drafting instruments, namely, erasing shields; newspapers; graphic prints; drawing pads; wrapping paper; table nap- kins of paper; stationery, namely, paper, plastic transparencies; packaging ma- terial of cardboard,namely, cardboard boxes, cardboard containers, cardboard mailing tubes; self-adhesive tapes for stationery or householdpurposes; writing implements; writing and drawing books, namely, blank writing journals, writing pads, drawing pads; writing cases, namely, stationery cases; writing materials, namely, writing implements, writing paper, writing instruments; signboards of pa- per or cardboard; shields, namely, paper seals; musical greetings cards; lumin- ous paper; bibs of paper; calendars; stationery envelopes; blankhandbooks for use as journals; elastic bands for offices; gummed tape for stationery use; graphic representations; graphic art reproductions; office requisites, namely, cor- recting fluids for type; plastic film for wrapping; forms, printed;prints, namely, photographs; pictures, namely, paintings, framed or unframed; figurines, namely, statuettes of papier mâché; bottle wrappers of cardboard or paper; filter paper; chromolithographs, namely, chromos; flags of paper; stationery, namely, book, document covers; printed matter, namely, printed awards, printed art reproductions, printed charts; comics; office requisites, namely, cabinetsfor stationery in the nature of desktopstationery cabinets, desk mounted stationery cabinets; banknote clips, namely, money clips; address stamps; tracing paper; drawer liners of paper, perfumed or not; stationery stickers; writing tablets; note- pads; stationery school supplies,namely, paper, construction paper, notebooks; printed tickets; cardboard; colourboard, namely, coloured paperboard Class 017. First use: First Use: 0 First Use In Commerce: 0 Rings of rubber for use as pipe connection seals; rubber, raw or semi-worked; rubber door stops; bags, envelopes and pouches of rubber, for packaging; plastics, semi-processed; self-adhesive tapes, other than for medical purposes, for stationery or for household purposes, namely, self adhesive tape for industri- al and commercial use, duct tape, drywall jointtape Class 018. First use: First Use: 0 First Use In Commerce: 0 Pocket wallets; bags, namely, envelopesand pouches of leather, for packaging; sports bags; parasols; rucksacks; trunks; collars for animals; purses; imitation- leather; credit card cases, namely, wallets; saddle cloths for horses; card cases, namely, wallets; suitcases; handbags; net bags for shopping, namely, mesh shopping bags; shopping bags, namely, reusable shopping bags, textile shop- ping bags, wheeled shopping bags; school bags; school satchels; athletic bags, duffle bags, travel bags; key cases; shoulder belts, namely, straps of leather; shoulder,leather straps for skates; boxes of leather or leather board; slings for carrying infants; sling bags for carrying babies; beach bags Class 021. First use: First Use: 0 First Use In Commerce: 0 Clothes pegs; fabric cleansing wipes, namely, fabric clean room wipes; lunch boxes; powder compacts; paper plates; coolbags, namely, insulated bags for food or beverage for domestic use, thermal insulated bags for food or bever- ages; cups of paper or plastic; saucers; flasks; biscuit tins; combs; perfume va- porizers sold empty; toothbrushes; toothpicks; toothbrushes, electric; containers of glass for household use; glass bowls; glass receptacles, namely, glass basins, drinking glasses, glass dishes; painted glassware, namely, painted beverage glassware, painted glass dishes; kitchen utensils, namely, pudding, cookie, cake moulds; ice cube moulds; bottles, sold empty; disposable table plates; buckets; bread bins; bread baskets, domestic; bread boards;frying pans; mugs; drinking