Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1052832 Filing date: 05/02/2020 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 Binbin Xie Entity Individual Citizenship CHINA Address No. 37 Qiqiao, Yuanguang Village Meitang Town Puning, 515342 CHINA Attorney informa- Jonathan G. Morton tion 1395 Brickell Ave. Suite 300 Miami, FL 33131 UNITED STATES [email protected] 305-764-9179 Applicant Information Application No 88428729 Publication date 04/07/2020 Opposition Filing 05/02/2020 Opposition Peri- 05/07/2020 Date od Ends Applicant Lai Guoheng Rm.201, No.73 Banjiulin Village, Qingping Town Lianjiang, Guangdong, 524400 CHINA Goods/Services Affected by Opposition Class 003. First Use: 2019/03/10 First Use In Commerce: 2019/03/10 All goods and services in the class are opposed, namely: Adhesives for affixing false eyelashes;Air fragrancing preparations; Cosmetics; Ethereal oils; Eye-shadow; Eyebrow cosmetics; False eye- lashes; Lavender oil; Lipstick; Lipsticks; Make-up preparations; Nail care preparations; Phytocosmetic preparations; Preparations for cleaning dentures; Skin whitening creams; Stain removers 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 Marks Cited by Opposer as Basis for Opposition U.S. Application 88888650 Application Date 04/27/2020 No. Registration Date NONE Foreign Priority NONE Date Word Mark OWNEST Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 2018/03/01 First Use In Commerce: 2018/03/01 Concealers for skin, face, body; Eye-shadow; Lip gloss; Lipsticks; Liquid founda- tion (mizu-oshiroi); Massage oil; Nail grooming products, namely, tips, glue, lac- quer and glitter; Nail polish U.S. Registration 4922284 Application Date 07/12/2015 No. Registration Date 03/22/2016 Foreign Priority NONE Date Word Mark OWNEST Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2014/03/21 First Use In Commerce: 2015/02/22 Air quality measurement apparatus, namely, particle counters; Amplifiers; Bags adapted for laptops; Batteries; Battery chargers; Camera mounts and supports; Cameras; Car video recorders; Cases for mobile phones; Cell phone battery chargersfor use in vehicles; Cell phone straps;Chronographs for use as special- ized time recording apparatuses; Computer hardware and computer peripherals; Converters for electric plugs; Covers for electric outlets; Display screen protect- ors for providing shade and privacy specially adapted to electronic devices, namely, laptops, cell phones, personal digital assistants; Earphones; Electric cables, wires, conductors and connection fittings therefor; Electric current switches; Electric light switches; Electric power converters; Electrical pickups for use with musical instruments; Eyeglass cases; Eyeglasses; Fitted plastic films known as skins for covering and providing a scratch proof barrier or protection for electronic devices, namely, MP3 players, mobile telephones, smart tele- phones, digital cameras, global positioning systems and personal digital assist- ants; GPS navigation device; Headphones; Lap-counting devices, namely, coun- ters for use during sporting activities; LED and HID light controls; Light systems comprising light sensors and switches; Loudspeakers; Mousepads; Plastic mol- ded support base speciallyadapted to prop up laptop computers; Portable media players; Portable photography equipment, namely, reflectors, tripods, light stands and supports and bags specially adapted for these goods; Portable tele- phones; Protective covers and cases for cell phones, laptops and portable me- dia players; Radio transmitters and receivers for remote controls, radio controls; Remotely-controlled sub-aquatic video camera containing a TV camera, trans- mitter, receiver and microphone to record, detect, measure, survey and locate objects underwater; Set-top boxes; Slide orphotograph projection apparatus; Smart card readers; Solar batteries; Sound recording apparatus; Spectacle frames; Sunglasses; Telematics apparatus, namely, wireless Internet devices which provide telematic services and have a cellular phone function; Tele- scopes; Video monitors;Wearable digital electronic devices comprised primarily of software for viewing, sending and receiving texts, emails, data and informa- tion from smart phones, tablet computers and portable computers and display screens and also featuring a bracelet; Wireless cellular phone headsets; Wire- less communication devices for voice, data or image transmission; Wireless in- door and outdoor speakers; Wirelesstransmitters and receivers Attachments 88888650#TMSN.png( bytes ) 86690641#TMSN.png( bytes ) Notice of Opposition OWNEST.pdf(2194335 bytes ) Signature /Jonathan G. Morton/ Name Jonathan G. Morton Date 05/02/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Xie Binbin, Opposer, Opposition No. v. Serial No. 88/428,729 Mark: OWNEST Lai Guoheng, Filing Date: May 14, 2019 Publication Date: April 7, 2020 Applicant. Commissioner for Trademarks P.O. Box 1451 Alexandria, Virginia 22313 NOTICE OF OPPOSITION The Opposer, Xie Binbin, an individual of the People’s Republic of China, with an address of No. 37 Qiqiao, Yuanguang Village, Meitang Town, Puning, China 515342 (“Opposer”) files this Notice of Opposition against Lai Guoheng (“Applicant”) and believes that he would be damaged by the registration of the above-identified mark in International Class 3 and hereby opposes same, pursuant to 15 U.S.C. § 1063 and 37 C.F.R. § 2.104. As grounds for opposition, it is alleged that: 1. Opposer, and Opposer’s companies “Guangzhoushi Oulishi Huazhuangpin Youxian Gongsi” and “Guangzhou Yunhan Xiangfeng Network Technology Co., Ltd.”, see attached evidence of ownership as Exhibit 1, are in the business of marketing and selling concealers for skin, face, body; eye-shadow; lip gloss; lipsticks; liquid foundation (mizu- oshiroi); massage oil; nail grooming products, namely, tips, glue, lacquer and glitter; nail polish and other miscellaneous cosmetics and skin/nail care related merchandise under the mark OWNEST on their Amazon account shop “Ownest Beauty USA” in the United 1 States, United Kingdom, France, Spain, Italy and China since at least as early as March 1, 2018, see attached Amazon ownership also as Exhibit 1. 2. Opposer’s company, Guangzhou Yunhan Xiangfeng Network Technology Co., Ltd., through its employee Wu Huaisheng, obtained a Chinese trademark registration no. 22242171 for “OWNEST” in Class 3 “mixture of dried petals and spices (spices); toothpaste; essential oils; abrasives” which was filed on December 13, 2016 and was subsequently registered on January 7, 2019, see attached as Exhibit 2. 3. Opposer’s company, Guangzhou Yunhan Xiangfeng Network Technology Co., Ltd., also obtained U.S. trademark registration no. 4,922,284 for “OWNEST” in Class 9 “Air quality measurement apparatus, namely, particle counters; Amplifiers; Bags adapted for laptops; Batteries; Battery chargers; Camera mounts and supports; Cameras; Car video recorders; Cases for mobile phones; Cell phone battery chargers for use in vehicles; Cell phone straps; Chronographs for use as specialized time recording apparatuses; Computer hardware and computer peripherals; Converters for electric plugs; Covers for electric outlets; Display screen protectors for providing shade and privacy specially adapted to electronic devices, namely, laptops, cell phones, personal digital assistants; Earphones; Electric cables, wires, conductors and connection fittings therefor; Electric current switches; Electric light switches; Electric power converters; Electrical pickups for use with musical instruments; Eyeglass cases; Eyeglasses; Fitted plastic films known as skins for covering and providing a scratch proof barrier or protection for electronic devices, namely, MP3 players, mobile telephones, smart telephones, digital cameras, global positioning systems and personal digital assistants; GPS navigation device; Headphones; Lap-counting devices, namely, counters for use during sporting activities; LED and HID light controls; Light systems comprising light sensors and switches; Loudspeakers; Mousepads; Plastic molded support base specially adapted to prop up 2 laptop computers; Portable media players; Portable photography equipment, namely, reflectors, tripods, light stands and supports and bags specially adapted for these goods; Portable telephones; Protective covers and cases for cell phones, laptops and portable media players; Radio transmitters and receivers for remote controls, radio controls; Remotely-controlled sub-aquatic video camera containing a TV camera, transmitter, receiver and microphone to record, detect, measure, survey and locate objects underwater; Set-top boxes; Slide or photograph projection apparatus; Smart card readers; Solar batteries; Sound recording apparatus; Spectacle frames; Sunglasses; Telematics apparatus, namely, wireless Internet devices which provide telematic services and have a cellular phone function; Telescopes; Video monitors; Wearable digital