Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1094690 Filing date: 11/11/2020 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 parties oppose registration of the indicated application. Opposers Information Name Marc Anthony Cosmetics Ltd. Granted to Date 11/11/2020 of previous ex- tension Address 100 NEW PARK PLACE SUITE 810 VAUGHAN, ON L4K 0H9 CANADA Name Cake Beauty Inc. Granted to Date 11/11/2020 of previous ex- tension Address 550 QUEEN STREET SUITE 107 TORONTO, ON M5A 1V1 CANADA Attorney informa- NICHOLAS J. GINGO tion RENNER, OTTO, BOISSELLE & SKLAR, LLP 1621 EUCLID AVE. 19TH FLOOR CLEVELAND, OH 44115 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected] 2166211113 Docket Number RIDOG0103 Applicant Information Application No. 88835735 Publication date 07/14/2020 Opposition Filing 11/11/2020 Opposition Peri- 11/11/2020 Date od Ends Applicant CAKE FOR MEN, INC. 23461 PARK SORRENTO CALABASAS, CA 91302 UNITED STATES Goods/Services Affected by Opposition Class 005. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: pre-moistened medicated wipes; pre- moistened medicated wipes containing benzocaine; disposable sanitizing wipes; sanitizing wipes; personal lubricants; personal sexual lubricants; medicated personal lubricants Class 010. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: condoms Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition U.S. Registration 5975177 Application Date 01/25/2019 No. Registration Date 02/04/2020 Foreign Priority NONE Date Word Mark CAKE NATURALLY LUXE BEAUTY Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 2018/10/31 First Use In Commerce: 2018/10/31 Cosmetics, namely, foundation makeup, liquid makeup, creamy foundation, powder foundation, wet/dry foundation, makeup foundation, face moisturizer, tin- ted skinmoisturizer, concealer for skin, face, and body, pressed face powder, loose face powder, face powder, eye makeup, eyebrow pencil, eyebrow powder, eye shadow, eye liner, eye pencil, mascara, eye definer in the nature of eye liner, lash amplifying mascara, artificial eye lashes, eye lash adhesive, eye makeup remover, blush, powder blusher, cream blusher, gel blusher, cheek stain, cheek gloss, body glitter, skin bronzer, non-medicated lipplumping prepar- ations, lip stick, lip pencil, lip liner, lip gloss, lip stain, non-medicated lip condi- tioner, lip balm,makeup remover; Body care products, namely, skin moisturizing lotions, skin moisturizing creams, body scrubs, bar soap,toilet soap, shaving soap, skin soap, perfumed soap, bath and shower gels, bodywash, body powders, body scrubs, body polishes, body lotions, body mousse, handand body creams, body oils, dry oils, namely, cosmetic oils that are absorbed into the skin quickly, non-medicated balms for treatment of hair, skin, and lips,body powders and body butter; Perfumes;Colognes; Essential oils; Aromatic es- sences for cosmetic purposses; Hair care products, namely, dry shampoo, hair care preparations, hair shampoo, hair conditioner, hair styling gel, lotion, mousse and creams, hair spray, hair washing powders, hair styling preparations, namely, powders, non-medicated hair growth preparations, hair straightening preparations; hair colouring preparations; non-medicated hair treatment prepara- tions for cosmetic purposes, hair removal cream and hair removal wax U.S. Registration 3053112 Application Date 12/19/2003 No. Registration Date 01/31/2006 Foreign Priority 07/28/2003 Date Word Mark CAKE BEAUTY Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 2001/04/02 First Use In Commerce: 2001/08/01 cosmetics and body care products, namely, moisturizing lotions, moisturizing creams, body scrubs, balms and make-up, bath and shower products, namely body lotions, froths shower gels, bubble baths and body scrubs U.S. Registration 3234497 Application Date 11/06/2004 No. Registration Date 04/24/2007 Foreign Priority NONE Date Word Mark CAKE WALK Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 2001/08/31 First Use In Commerce: 2001/08/31 Cosmetics and body care products, namely, body lotions and foot lotions U.S. Application/ Registra- NONE Application Date NONE tion No. Registration Date NONE Word Mark CAKE Goods/Services cosmetics and body and hair care products U.S. Application/ Registra- NONE Application Date NONE tion No. Registration Date NONE Design Mark Goods/Services cosmetics and body and hair care products Attachments CAKE_image.jpg Notice of Opposition - RIDOG0103.pdf(155074 bytes ) Exhibit A.pdf(344242 bytes ) Exhibit B.pdf(112462 bytes ) Exhibit C.pdf(93743 bytes ) Exhibit D.pdf(88290 bytes ) Signature /Nicholas J. Gingo/ Name NICHOLAS J. GINGO Date 11/11/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In re Trademark Application Serial No. 88/835,735 Mark: CAKE Filed: March 16, 2020 Published: July 14, 2020 Marc Anthony Cosmetics Ltd., and Cake Beauty Inc., Opposers, v. Opposition No. _________________ CAKE FOR MEN, INC., Applicant. CONSOLIDATED NOTICE OF OPPOSITION Opposers, Marc Anthony Cosmetics Ltd. and Cake Beauty Inc. (collectively, “Opposers”), oppose Application Serial No. 88/835,735 (“the ’735 Application”) filed by Cake For Men, Inc. (“Applicant”) on the belief that they will be damaged by the registration of the ’735 Application. The grounds for opposition are set forth below. The Parties 1. Opposer Marc Anthony Cosmetics Ltd., is a Canadian corporation having an address at Suite 810, 100 New Park Place, Vaughan, Ontario CANADA L4K0H9. 2. Opposers Cake Beauty Inc. was amalgamated into one company with Opposer Marc Anthony Cosmetics, Ltd. under Canadian law on April 1, 2018. A copy of the Certificate of Amalgamation, which was recorded with the USPTO on June 25, 2018 at Reel 006362, Frame 0966 is attached as Exhibit A. Opposers’ CAKE Marks and Products 3. Opposers have sold cosmetics and body and hair care products throughout the United States under the mark CAKE since at least as early as 2001. 4. Opposers have sold cosmetics and body and hair care products throughout the United States under the following stylized CAKE mark since at least as early as 2016: 5. Opposers have expended considerable sums in promoting and advertising the cosmetics and body and hair care products sold under the CAKE mark and the CAKE mark has acquired valuable goodwill among the consuming public as a result. 6. Opposers own U.S. Trademark Registration No. 5,975,177 for the mark CAKE NATURALLY LUXE BEAUTY (Standard Characters), which Opposers have adopted and used in connection with the following goods in International Class 003: “Cosmetics, namely, foundation makeup, liquid makeup, creamy foundation, powder foundation, wet/dry foundation, makeup foundation, face moisturizer, tinted skin moisturizer, concealer for skin, face, and body, pressed face powder, loose face powder, face powder, eye makeup, eyebrow pencil, eyebrow powder, eye shadow, eye liner, eye pencil, mascara, eye definer in the nature of eye liner, lash amplifying mascara, artificial eye lashes, eye lash adhesive, eye makeup remover, blush, powder blusher, cream blusher, gel blusher, cheek stain, cheek gloss, body glitter, skin bronzer, non-medicated lip plumping preparations, lip stick, lip pencil, lip liner, lip gloss, lip stain, non-medicated lip conditioner, lip balm, makeup remover; Body care products, namely, skin moisturizing lotions, skin moisturizing creams, body scrubs, bar soap, toilet soap, shaving soap, skin soap, perfumed soap, bath and shower gels, body wash, body powders, body scrubs, body polishes, body lotions, body mousse, hand and body creams, body oils, dry oils, namely, cosmetic oils that are absorbed into the skin quickly, non-medicated balms for treatment of hair, skin, and lips, body powders and body butter; Perfumes; Colognes; Essential oils; Aromatic essences for cosmetic purposses; Hair care products, namely, dry shampoo, hair care preparations, hair shampoo, hair conditioner, hair styling gel, lotion, mousse and creams, hair spray, hair washing powders, hair styling preparations, namely, powders, non-medicated hair growth preparations, hair straightening preparations; hair colouring preparations; non-medicated hair treatment preparations for cosmetic purposes, hair removal cream and hair removal wax.” Opposer’s actual use date for this registration is at least as early as October 31, 2018. Opposers’ constructive use priority date for this registration is January 25, 2019, the filing date of the application that matured to registration. This registration has not been cancelled, is valid, and is in full force and effect and is conclusive evidence of the validity of the registered mark, the registration, Opposers’ ownership of the registered mark, and Opposers’ exclusive right to use the registered mark in commerce under Section 33 of the Lanham Act, 15 U.S.C. § 1115. Attached as Exhibit B is a true and correct printout from the United States Patent and Trademark Office electronic database showing the current status and title of the registration. 7. Opposers own U.S. Trademark Registration No. 3,053,112