Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1004709 Filing date: 09/25/2019 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 Goodwill Industries International Inc. Granted to Date 09/25/2019 of previous ex- tension Address 15810 INDIANOLA DRIVE ROCKVILLE, MD 20855 UNITED STATES Attorney informa- RITA WEEKS tion KILPATRICK TOWNSEND & STOCKTON LLP 1114 AVENUE OF THE AMERICAS 21ST FLOOR NEW YORK, NY 10036 UNITED STATES [email protected], [email protected], tmad- [email protected] 2127758700 Applicant Information Application No 88278634 Publication date 05/28/2019 Opposition Filing 09/25/2019 Opposition Peri- 09/25/2019 Date od Ends Applicant Forrer, John J 3408 Cameron Mills Rd Alexandria, VA 22305 UNITED STATES 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: Chocolate Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Dilution by blurring Trademark Act Sections 2 and 43(c) Marks Cited by Opposer as Basis for Opposition U.S. Registration 2811694 Application Date 01/29/2002 No. Registration Date 02/03/2004 Foreign Priority NONE Date Word Mark GOODWILL INDUSTRIES Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1935/01/15 First Use In Commerce: 1935/01/15 retail store services featuring a variety of goods of others U.S. Registration 2811695 Application Date 01/29/2002 No. Registration Date 02/03/2004 Foreign Priority NONE Date Word Mark GOODWILL Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1967/01/23 First Use In Commerce: 1967/01/23 retail store services featuring a variety of goods of others U.S. Registration 3070744 Application Date 03/03/2005 No. Registration Date 03/21/2006 Foreign Priority NONE Date Word Mark GOODWILL Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1916/04/00 First Use In Commerce: 1916/04/00 Employment services for disabled and disadvantaged persons, namely employ- ment outplacement services, promoting the interests of and encouraging and as- sisting in the establishment, development and growth of organizations throughout the World dedicated to providing rehabilitation services, training, em- ployment and opportunities for personal growth for disabled and disadvantaged persons and for developing and maintaining operational standards for such or- ganization, retail storeservices featuring a variety of goods of others Class 041. First use: First Use: 1916/04/00 First Use In Commerce: 1916/04/00 Providing vocational training for disabled and disadvantaged persons Class 042. First use: First Use: 1916/04/00 First Use In Commerce: 1916/04/00 Providing rehabilitation services for disabled and disadvantaged persons U.S. Registration 3052119 Application Date 08/26/2003 No. Registration Date 01/31/2006 Foreign Priority NONE Date Word Mark GOODWILL Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 2002/06/01 First Use In Commerce: 2002/06/02 Employment agency services, temporary employment agency services, job placementservices, career placement and employment counseling all for dis- abled, handicapped and disadvantaged persons; retail store services featuring a variety of consumer goods of others Class 041. First use: First Use: 2002/06/01 First Use In Commerce: 2002/06/02 Career counseling services; providing employment training and vocational re- habilitation, training and guidance servicesfor disabled, handicapped and disad- vantaged persons U.S. Registration 2735803 Application Date 04/07/2000 No. Registration Date 07/15/2003 Foreign Priority NONE Date Word Mark SHOPGOODWILL.COM Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1999/08/31 First Use In Commerce: 1999/08/31 ON-LINE TRADING SERVICES IN WHICH SELLER POSTS ITEMS TO BE AUCTIONED AND BIDDING IS DONE ELECTRONICALLY; ONLINE AUC- TIONSERVICES; ONLINE RETAIL STORE SERVICES FEATURING A FULL RANGE OF CONSUMER GOODS U.S. Registration 5010715 Application Date 04/10/2015 No. Registration Date 08/02/2016 Foreign Priority NONE Date Word Mark GOODWILL Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2013/04/00 First Use In Commerce: 2013/04/00 Downloadable mobile applications for accessing and organizing information re- garding a nonprofit provider of education, training, career, and other personal opportunities and services for people with disabilities and disadvantaging condi- tions, such applications also providing information regarding the retail stores an- dcenters for donating a wide variety of consumer and household goods, provid- ing user-specific information regarding the locations of such stores and centers, and enabling users to make charitable gifts or donations; downloadable publica- tions, namely, fact sheets and prospectus inthe field of charitable donations and fundraising, including donation of a widevariety of items for resale for charitable purposes; downloadable publications,namely, downloadable briefs and white pa- pers regarding professional and personal issues relating to people with disabilit- ies and disadvantaging conditions Class 035. First use: First Use: 1996/00/00 First Use In Commerce: 1996/00/00 Retail store services featuring a variety of goods of others; charitable services, namely, accepting charitable donations of a wide variety of goods for resaleto the public, for purposes of providing education, training, career, and otherper- sonal opportunities and services to benefit people with disabilities and disad- vantaging conditions; providing information, by means of a website, in the field of employment, employment opportunities, and employment services for people with disabilities and disadvantaging conditions; providing employment placement services for people with disabilities anddisadvantaging conditions; providing em- ployment outplacement services for people with disabilities and disadvantaging conditions; providing an on-line searchable database featuring employment op- portunities and content about employment for people with disabilities and disad- vantaging conditions; association services, namely, promoting the interests of people with disabilities and disadvantaging conditions in connection with a vari- ety of professional and personal issues; association services, namely, promoting the interests of, promoting public awareness of the need for, and encouraging and assisting in, the establishment, developmentand growth of, organizations throughoutthe world dedicated to providing rehabilitation services, training, em- ployment and opportunities for personal and professional development and growth for people with disabilities and disadvantaging conditions; providing busi- ness-related technical aid and assistance, business management and consulting services, executive recruiting services, and development and maintaining opera- tional standards for organizations that provide rehabilitation, training, employ- ment and opportunities for personal development and growth for people with dis- abilities and disadvantaging conditions; providing business research services in the field of training and employment of people with disabilities and disad- vantaging conditions; providing online searchable commercial directories for job and career support centers for people with disabilities and disadvantaging condi- tions, retail stores, charitable donation sites and charitable organization headquarters; providing online searchable commercial directories in the field of professional development training and a wide variety of services of interest to people with disabilities anddisadvantaging conditions; business consulting ser- vices provided to people withdisabilities and disadvantaging conditions; provid- ing trade shows in the field of a variety of retail and household goods; promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with trade shows, conferences and other services offered by a nonprofit provider of education, training, career, and other personal opportunit- ies and services; charitable services, namely, organizing and conducting volun- teer programs; providing information regarding all of the aforesaid services by means of an Internet website;tax preparation services provided to people with disabilities and disadvantaging conditions Class 036. First use: First Use: 2001/00/00 First Use In Commerce: 2001/00/00 Charitable fundraising services to benefit people with disabilities and disad- vantaging conditions; providing financial management to organizations that pro- viderehabilitation, training, employment and opportunities for personal develop- mentand growth for people with disabilitiesand disadvantaging conditions; charit- able services, namely, providing financialassistance to meet the physical, psy- chological, social and other special needs of people with disabilities and disad- vantaging conditions; providing on-line financial calculators for calculating the charitable impact of donations made to a nonprofit organization; financial con- sulting services provided to people with disabilities and disadvantaging condi- tions; providing