09/20/2019 - TTABVue - USPTO

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA1003665

Filing date: 09/20/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 91242509

Party DefendantTechnical Knockout, Inc.

CorrespondenceAddress

DALE PAUL DIMAGGIOMALIN HALEY DIMAGGIO & BOWEN PA4901 NW 17TH WAY, SUITE 308FORT LAUDERDALE, FL 33309UNITED [email protected]

Submission Opposition/Response to Motion

Filer's Name Dale Paul DiMaggio

Filer's email [email protected]

Signature /dale paul dimaggio/

Date 09/20/2019

Attachments TKO Response to P MSJ.pdf(483271 bytes )Index.pdf(53224 bytes )Declaration_DiMaggio.pdf(198430 bytes )Exhibit 1_T Logo U.S. Application - TSDR_DiMaggio Decl.pdf(246046 bytes )Exhibit 2_TKO and Technical Knockout registrations- TESS_DiMaggio De-cl.pdf(975706 bytes )Exhibit 3_O Neill Registrations - TESS_DiMaggio Decl.pdf(635069 bytes )Exhibit 5_O Neill Licensee Surfboard website pages_DiMaggio Decl.pdf(633383bytes )Exhibit 6_O Neill website pages_DiMaggio Decl.pdf(1869866 bytes )Exhibit 7_O Neill wave.curl photos_DiMaggio Decl.pdf(2847498 bytes )Exhibit 8_Design search code results_DiMaggio Decl.pdf(386040 bytes )Exhibit 9_Third party wave marks- TESS and website pages showinguse_DiMaggio Decl_Part1.pdf(5437918 bytes )Exhibit 9_Third party wave marks- TESS and website pages showinguse_DiMaggio Decl_Part2.pdf(5473558 bytes )Declaration_Kurtz.pdf(230383 bytes )Exhibit 4_TKO Strength website pages_Kurtz Decl.pdf(3214998 bytes )Exhibit 10_TKO Licensee S2 Sportswear Catalogs_Kurtz.pdf(5014034 bytes )Exhibit 11_S2 Athletic Wear Sold_Kurtz Decl.pdf(6126644 bytes )Exhibit 12_S2 Sportswear Photographs_Kurtz Decl.pdf(669570 bytes )

http://estta.uspto.gov

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Sisco Textiles N.V. ) a Curacao corporation, ) ) Opposer, ) Opposition No. 91242509 ) Serial No. 87516423 v. ) Mark: stylized “T” ) Filed: July 5, 2017 Technical Knockout, Inc. ) Published: May 22, 2018 a Delaware corporation, ) ) Applicant. ) )

APPLICANT’S RESPONSE IN OPPOSITION TO OPPOSER’S MOTION FOR SUMMARY JUDGMENT

Technical Knockout, Inc. (“Applicant”), by and through the undersigned counsel, files this

Response in Opposition to Opposer’s Motion for Summary Judgment filed by Sisco Textiles N.V.,

regarding Applicant’s abstract stylized “T” design mark and Trademark Application, Serial No.

87516423.

I. INTRODUCTION & BACKGROUND

On August 7, 2019, Opposer moved for summary judgment based on its conclusory

statements there is no genuine dispute of material fact on the issue of likelihood of confusion, i.e.,

asserting that there is a likelihood of confusion. However, this proceeding involves Opposer’s

three (3) distinct design trademarks incorporating different wave designs; yet, Opposer is relying

on only one (1) of its wave design marks for the instant Motion for Summary Judgment.

Applicant’s trademark subject to the Opposition is an artistic, abstract and stylized “T”, connoting

the T in Applicant’s house trademark TKO and brand identity, as well as its company name

Technical Knockout; it is not a wave design, and the abstract T trademark is clearly visually

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distinct from those of Opposer, and is dissimilar in geometrical components, shapes, artistic

design, meaning, visual impression and effect. The abstract T design is fundamentally distinct and

lacks similarity to Opposer’s marks, when considering the trademarks as a whole in terms of sight,

meaning, and commercial connotation, which negates any bona fide likelihood of confusion.

There is no likelihood of confusion when also considering the additional relevant du Pont

factors, including the weakness of Opposer’s Wave designs, the related house trademarks, the

nature and lack of competition between the parties, differences in the goods and services, and the

respective primary channels of trade and target audiences. See, In re E. I. du Pont de Nemours &

Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973) (thirteen likelihood of confusion factors). At

the very least, there are numerous fact issues to be resolved.

There is no likelihood of confusion amongst consumers between the respective trademarks

of the Parties, based on the arguments below and the evidence submitted herewith. Accordingly,

Applicant timely files this Response in Opposition to Opposer’s Motion for Summary Judgment

pursuant to Federal Rule of Civil Procedure (“FRCP”) 56 and TBMP § 528.02, and requests the

Motion be denied.

Regarding the discovery period in this case, Opposer has made several references to

Applicant choosing not to serve discovery requests on Opposer, or designating expert witnesses.

Without addressing the parties’ attempts to amicably resolve this case, it is remarkable that

Opposer did not advise the Board that Opposer itself did not serve any discovery or designate any

expert on any issue, including a likelihood of confusion. Its first action of substance subsequent to

filing the Notice, was the present Motion.

A. THE PARTIES

Opposer is the record owner of the O’NEILL U.S. Trademarks and Registrations, including

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the O’NEILL house mark. The O’NEILL Company was founded as a California surf shop and

surfboard brand started in 1952 by Jack O’Neill. The company moved down the coast from San

Francisco to Santa Cruz by the end of the decade. Mr. O’Neill is credited with inventing the wetsuit

for surfing, his son Pat for inventing the leash on the surfboard. The company went full force into

the wetsuit business after the move. The company logo symbolizes a breaking surf wave. See

Opposer’s website; About O’Neill; http://us.oneill.com. Ex. 7; Opposer’s Ex. 16. Today the

company offers men’s and women’s surf wear, wetsuits, clothing and accessories for its beach

lifestyle brand. Id.

Applicant Technical Knockout, Inc. was founded in 1993, and first registered

TECHNCIAL KNOCKOUT and its house trademark TKO for a variety products, primarily in the

sporting goods industry for boxing, mixed martial arts, exercise, health and fitness products and

services, and related clothing and accessories. Ex. 2, Trademark Registrations; G. Kurtz Decl., ¶¶

3-4. Opposer’s company and TKO brand name expanded over the years, and its primary business

offers products focusing on Strength and Performance, with numerous products available in

several categories: FREE WEIGHTS weight lifting equipment; STRENGTH EQUIPMENT

exercise stations, benches and machines; COMBAT boxing and martial arts equipment, gloves,

heavy bags and packages; PERFORMANCE products for exercise and fitness; GROUP X group

training equipment including cycling stations and multi-function group training stations; CARDIO

cycles and bikes; and, TKO GEAR, apparel and accessory products. See TKO website,

www.tkostrenth.com; G. Kurtz Decl., ¶¶ 3-4.

When reviewing the two companies, O’NEILL and TECHNICAL KNOCKOUT, it is clear

they are not competitive, have fundamentally different core businesses, products, services, and

websites. Consumers do not associate them with one-another, and would not confuse the design

http://us.oneill.com/

http://www.tkostrenth.com/

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marks subject to this Opposition with one-another. G. Kurtz Decl., ¶ 5.

B. THE MARKS

In its Notice of Opposition, Opposer relied on three (3) different wave designs, as follows:

See TTAB Notice of Opposition, Grounds for Opposition, at 2-5; Opposer’s Notice of

Opposition at 2-4, Registration Nos. 2204582, 4348476 and 4085739 respectively, all three

registrations having common classes listed.

These three different design logos have significant differences and depict different wave

designs. Registration No. 2204582 includes the Opposer’s house mark, O’NEILL, and two waves

of water above the stylized wording of “O’NEILL.” Registration No. 4348476 is a design only of

a man on a surfboard with both arms raised within two completely different wave designs.

Registration No. 4085739 is design only, and depicts a single wave design similar to O’NEILL.

It is important to note, as further referenced and discussed below that Opposer’s Wave

designs all illustrate a wave “breaking,” which is a wave phenomenon highly sought after by

surfers, both amateurs and professionals. A surfer paddles the board to reach the wave as it breaks,

and forms a “curl” or “tube” as referred to in the industry, and stands on the board as he or she is

propelled by the wave force in the curl, to the end of the wave. Ex. 7, YouTube Video:

https://www.youtube.com/watch?v=gm7eT0MGt2Y, screen shots; O’NEILL website photos of

wave curl. The Opposer’s Wave designs, although each being different, all depict the curvature of

a breaking wave forming the curl or tube, and the curvature at its uppermost wave sections curving

downwardly in a curling fashion for the sought after waves. These designs comport with the

https://www.youtube.com/watch?v=gm7eT0MGt2Y

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O’NEILL brand and trademark, which was born from the surf industry in the early days,

manufacturing surf boards and surf accessories, as referenced above.

Opposer’s Wave design is diagrammed as follows, which creates the wave curl image:

Opposer’s Wave design above has three curved components, “nested” and elongated

together on a horizontal, common central axis, and terminate together at the lowest point. The

wave has the “curl” at its uppermost section. The thin dominant wave back and curl is of a different

shape than the wave face, and has generally parallel sides of the same thickness and radius of

curvature, leading to the curl. Applicant’s mark has none of these features.

Applicant’s abstract, artistic T design, for TKO, is not a wave, has no relationship to a

wave, and has no curl or tube, as detailed extensively hereinafter. Applicant’s in-house graphic

designer was given the assignment to create an iconic logo that would stylistically work well with

the TKO house mark and logo, and the TKO Brand. G. Kurtz Decl., ¶¶ 6-13. An abstract T was

developed to show strength and action form, complementing the existing TKO mark and opposite

end “O”, and wrapped the typeface in a clean look:

Id.; ¶14.

Opposer’s abstract T has two components separated and open ended by an equal distance

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between, there is no central axis or nested sections, and the logo design is comprised of 2 generally

matching sections in shapes complementing one-another, each being a non-uniform, non-

symmetrical curved section, one offset and positioned over top the other forming the canopy and

the stem, representing the abstract T imagery. The T design represents the T in TKO, and the

curvature of inner right side of the design flows with the curvature of the “O” of TKO. See G.

Kurtz Decl., ¶¶ 6-14, re graphic designer work.

Opposer’s arguments regarding a proper T in stickman form, thin horizontal line and thin

vertical line, which allegedly precludes an abstract T design are at best illogical and untenable for

several reasons as established hereinafter. Opposer’s brief at pages 16-17. Numerous companies

have abstract letters or shapes for design marks, in many different industries, and the Trademark

Office Classification and Office Design codes for searching shapes, waves, bands, letters, curves,

etc., cites literally thousands of applications and registrations. See sample search results for

pending and registered marks based on design codes: 27.03.01 - Geometric figures forming letters,

numerals or punctuation; 26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s);

Lines, curved, as well as results for marks with wave(s) in the mark description for the relevant

classes and goods. Ex.8.

However, assuming arguendo, that it was a wave, there still is no actual confusion, and

would be no likelihood of confusion between the designs or the trademarks when considering all

du Pont factors. See, In re E. I. du Pont de Nemours & Co., 476 F.2d 1357 (1973).

As set forth below, and in conjunction with the Opposer’s primary house trademark

O’NEILL, and the several O”NEILL Trademark Registrations and history of use, Opposer’s

different design trademarks diminish the significance of the one particular wave logo subject to

the Motion for Summary Judgment; more importantly, when considering the relevant du Pont

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factors and evidence, and Applicant’s abstract, stylized “T” logo, there can be no likelihood of

confusion; for purposes of the instant Motion, there are numerous issues of material fact to be

resolved and fully addressed in the Trial Phase, and Opposer’s Motion for Summary Judgment

must be denied.

The Opposer’s primary house mark for the word trademark O”NEILL is set forth in several

Registrations, including Registration No. 3939936, IC’s 003, 009, 014, 016, 018, 025, 028 and

035; Registration No. 1069298, IC’s 009 and 025; Registration No. 1183040, IC 025; Registration

No. 1339268, IC 25; and Registration No. 1367364, IC 025, with includes 2 wave design with

surfer and surf board. Ex. 3, TESS Records and printouts of the Registrations.

In its motion for summary judgment, Opposer relies in particular on Registration No.

4085739 for its Wave design mark in connection with the following goods and services in Classes

9, 18 and 25 listed below. See Opposer’s brief page 4. It is noteworthy to review Opposer’s

registration details in full which demonstrate its market and use for goods and services within the

surfing, watersports and skiing industry as also in its additional classes 16, 28 and 35. In contrast,

Applicant’s abstract, stylized “T” mark, Serial No. 87516423, to be used, and is used, in connection

with a variety of goods and services which demonstrate its market and use within the fitness,

boxing and exercise industry (see classes 5, 16, 21, 27, 28, 32, 41 and 44), but only classes 9, 18,

and 025 are the subject of this Opposition. Ex. 1, TSDR.

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Opposer submitted numerous exhibits allegedly supporting a likelihood of confusion, but

the evidence submitted actually demonstrates there is no likelihood of confusion because

Opposer’s clearly distinguishable design mark(s), products and marketing are used primarily in

connection with the surf industry, surfing, water sports and beach wear, and to a lesser extent,

snow sports. None of these are related to Applicant’s TKO products or marketing which are used

primarily in connection with boxing and martial arts, health and fitness, athletic wear and

accessories, and related goods and services. An analysis of the factors of likelihood of confusion

set out in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973),

shows there is no likelihood of confusion, or at a minimum, shows there are genuine disputes as

to material facts regarding the issues. These facts/disputes include considering the type and

strength or weakness of marks, dissimilarity of the marks, the different products offered under the

distinct marks, differences in meaning and overall commercial impressions, as well as distinct

trade channels, consumers, and lack of actual confusion (Applicant’s mark was filed as an ITU,

but actual use has previously commenced, which is addressed below). The Trademark Examiner

properly recognized Applicant’s unique T design and upon examination and after searching, found

no conflicting marks at all; therefore, Applicant’s stylized “T” mark was approved for publication.

Based on the evidence presented by Opposer and Applicant in this opposition, Opposer’s Motion

for Summary Judgment should be denied.

II. MATERIAL FACTS

At the outset, Opposer provided no fact witnesses, declarations or survey evidence of any

kind regarding an alleged likelihood of confusion or the du Pont factors. Opposer’s counsel on the

brief only provided a declaration regarding public records, articles and videos regarding the

O’Neill brand and marks, but none of the above.

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Opposer’s brief fails to provide a listing of material facts that are not in dispute, as is

conventionally provided, required by Courts, and is preferred by the Trademark Trial and Appeal

Board. Paris Glove of Canada Ltd. v. SBC/Sporto Corp., 84 USPQ2d 1856, 1860 (TTAB 2007)

(although listing of allegedly undisputed facts is often submitted and is preferred, no requirement

that movant set forth such listing of allegedly undisputed facts in its summary judgment motion).

Opposer instead provides a confuscation of intermingled fact allegations, mixed statements and

issues of fact and law, conclusory factual statements and legal conclusions. Opposer’s Brief at 1-

8. Applicant contests Opposer’s discernible fact allegations and statements, and provides genuine

undisputed material facts and both material facts that favor Applicant, and genuine issues of

material facts that compel a denial of Opposer’s Motion for Summary Judgment.

A. Undisputable Facts as to which there are no genuine issues

Applicant submits the following statement of undisputable material facts as to

which there are no genuine issues, in support of Applicant’s response in opposition to the Motion

for Summary Judgment:

1. In its Notice of Opposition, Opposer relied on three (3) different wave designs, as

follows:

See, TTAB Notice of Opposition, Grounds for Opposition, at 2-5; Opposer’s Notice of Opposition

at 2-4, Registration Nos. 2204582, 4348476 and 4085739 respectively, all three registrations

having common classes listed.

2. These three different design logos have significant differences between them and depict

different wave designs. Registration No. 2204582 includes the Opposer’s house mark, O’NEILL,

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“The mark consists, in part, of a wave of water above the stylized wording of “O’NEILL.”

Registration No. 4348476 is a design only, and “The mark consists of a design of a man on a

surfboard with both arms raised up within two stylized waves”. Registration No. 4085739 is design

only, and “The mark consists of a stylized depiction of a wave.” Id.

3. Opposer’s primary house mark for the word trademark O’NEILL is set forth in several

Registrations, including Registration No. 3939936, IC’s 003, 009, 014, 016, 018, 025, 028 and

035; Registration No. 1069298, IC’s 009 and 025; Registration No. 1183040, IC 025; Registration

No. 1339268, IC 25; and Registration No. 1367364, IC 025, which includes 2 wave design with

surfer and surf board. Ex. 3, TESS Records and printouts of the Registrations.

4. Opposer’s Wave design marks were filed in 2010 and 2011 based on 66A, roughly 35

years after the earliest O’Neill word marks were filed in 1975 and 20 years after the O’Neill with

wave design was filed in 1995. Id. See also Reg. Nos. 2204582, 4085739 and 4348476 in the

Notice of Opposition.

5. Opposer has priority in filing its particular Wave design marks, Reg. Nos. 4085739,

2204582 and 4348476.

6. Opposer’s Wave design marks are used in connection with the surfing industry, beach

wear, related clothing, and snowboarding.

7. Opposer is the owner of its website http://us.oneill.com.

8. Applicant is the owner of its website www.tkostrength.com.

9. Applicant filed its application for its stylized “T” design mark on July 5, 2017, on an

Intent to Use (ITU) basis for the goods and services listed therein. See, Serial No. 87516423 in the

Opposition as well as Ex.1 TSDR.


http://www.tkostrength.com/

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10. Applicant’s Mark Description is listed as: “The mark consists of an artistic and stylized

“T”.

Emphasis added; Id.

11. The Trademark Examiner entered an Examiner’s Amendment on April, 17, 2018 to the

identification of goods and services. Id.

12. The Trademark Examiner issued a NOTICE OF PUBLICATION on May 2, 2018,

identifying listing Applicant’s mark as “Mark: T (STYLIZED/DESIGN)”, and stating “The mark

of the application identified above appears to be entitled to registration”. Id.

13. The Trademark Examiner conducted a search of the Records of the Trademark Office,

and did not find a likelihood of confusion with any third party registrations or applications, or any

of Opposer’s Wave design marks or any other marks. Id.

14. Applicant’s Mark was published on May 22, 2018. Id.

15. Applicant is currently unable to file a Statement of Use because the application is in

the black out period after Publication and while this Opposition pending.

16. Opposer did not conduct any type of discovery in this Opposition, and did not designate

an expert for testimony.

17. Applicant did not conduct any type of discovery in this Opposition, and did not

designate an expert for testimony.

18. Discovery closed on June 24, 2019.

19. The Testimony periods have not started, and all proceedings in the Opposition have

been suspended pending the outcome of Opposer’s Motion.

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B. Material Facts in favor of Applicant or in Dispute

Applicant submits the following statement of material facts as to which there are genuine

issues, and material facts which establish there is no likelihood of confusion, in support of

Applicant’s response in opposition to the Motion for Summary Judgment:

1. Opposer’s house mark is the word mark O’NEILL only. Ex. 3, TESS printouts of

Opposer’s Registrations; Opposer’s brief at 1-2; see also Opposer’s brief and exhibits referencing

O’NEILL throughout.

2. Opposer’s use of the O’Neill house mark is claimed to be from 1957 for wetsuits, and in

1973, 1976, 1978 and 1979 for additional goods and services. Registrations, supra.

3. Opposer admits that the wave logo is also used at times with the O’NEILL house mark,

and in composite mark Registration No. 2204582. Opposer’s brief pages 1-2, Opposer’s Exs. 10,

14-18. O’NEILL is clearly the dominant portion of the mark.

4. The O’NEILL word mark and brand name is what consumers may be familiar with in

its market niche, not the isolated wave logo.

5. Opposer has not shown any sufficient recognition or significant strength of the wave

mark only, apart from the O’NEILL word marks, brand name and composite marks. See Opposer’s

Exs. 10, 14-18, This includes proffered videos, marketing materials, and all Opposer’s cited

evidence. Id.; See also Opposer’s Exs. 2-3, 6-9. 14.

6. Wave marks are in use by numerous third parties, and in particular the Classes involved

in this Opposition. Ex. 8 PTO TM search records; Ex. 9 TESS printouts of third party wave

registrations.

7. Applicant desired to develop a new company iconic logo for identifying the company,

the TKO Brand, and to complement the TKO house trademark. G. Kurtz Decl., ¶ 6.

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8. Applicant assigned the company’s in-house graphic designer to create an icon that works

well by itself, and also stylistically with the TKO mark and logo. G. Kurtz Decl., ¶ 7.

9. As the CEO, Mr. Kurtz did not want a basic T within a circle or square, or any basic

geometric shape. G. Kurtz Decl., ¶ 8.

10. The new abstract T logo was in fact designed approximately 10 years ago, but was not

introduced, as the company was for TKO Strength (a division) to evolve to the point of introducing

a Signature Line of higher end products. G. Kurtz Decl., ¶ 9.

11. Several alternative logos were development by the graphic designer, who described the

process and results as follows:

“This is an abstract ‘T’ form. A logo that was developed from the first letter of TKO. It was developed with a straight base and a curved top to show

strength on the also motion/action. It was revised to eliminate the bland flat bottom

of the ‘T’ form, this adds even more motion and creates an action form that looks solid together with the logotype and by itself.

**The strongest one is the 4th logo. This is my overall favorite and one that I think

has the greatest branding potential for standalone, application placement and as a

system with the logotype and tagline. It adds motion, has a strong curve that

compliments the existing logotype by complimenting the opposite end the ‘O’ and wraps the typeface in a clean look.” G. Kurtz Decl., ¶ 10.

12. Applicant selected the 4th option for the abstract T logo, and later filed the Intent to Use

(ITU) Trademark Application on July 5, 2017. G. Kurtz Decl., ¶ 11.

13. The new T logo accomplished the effects as desired and stated by TKO’s graphic

designer, and correlates to the TKO mark as such:

G. Kurtz Decl., ¶ 12.

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14. Applicant’s Mark is an artistic, abstract, stylized “T”. G. Kurtz Decl., ¶ 13.

15. Applicant’s Mark is used with TKO, or alone set apart from TKO, however, always in

the context and with content of TECHNICAL KNOCKOUT or TKO on Applicant’s website,

marketing materials, products and product packaging. As examples, see the attached products

present on Applicant’s website, and usage:

Ex. 4, TKO Products; www.tkostrenth.com; G. Kurtz Decl., ¶ 14.

16. The Trademark Examiner did not question whether Applicant’s mark was an abstract

or artistic T during examination or before publication, or its representation, and found no

registrations or applications confusingly similar to Applicant’s artistic T design, and did not cite

any of Opposer’s O’NEILL or Wave design marks, either alone or in combination, against

Applicant’s design mark. Ex. 1, TSDR Stylized T Application records.

17. Applicant’s Mark is an abstract “T” that is not similar to Opposer’s Wave design Marks.

G. Kurtz Decl., ¶ ¶ 16-18.

18. Applicant’s Mark evokes mental impressions of an artistic “T” for its connection with

its registered house marks TKO®, brand name, and company name Technical Knockout, Inc., and

the products offered. G. Kurtz Decl., ¶¶ 6-8.

19.Opposer’s Wave design marks evoke the ocean, waves, surfing and beach settings in

connection with its company history and use. The respective marks create unique and distinct

commercial impressions. G. Kurtz Decl., ¶ 17.

20. The design marks of the parties when viewed as a whole are not similar, and are distinct

visually, in conveying an idea, in the impression created, and in meaning to consumers based on

http://www.tkostrenth.com/

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seeing the respective logo designs while making purchasing decisions for TKO and O’Neill

products, and thereafter, and have different commercial connotations. G. Kurtz Decl., ¶ 18.

21. Since use of Applicant’s mark commenced in commerce selling products, no one,

whether a representative of Applicant, employee, vendor, business affiliate, licensee, other contact,

or most importantly purchasing consumers, has ever confused Applicant’s design mark with any

of Opposer’s marks, including the Wave design. G. Kurtz Decl., ¶ 19.

22. Applicant has also specifically asked other people, business associates, employees and

consumers, first showing them Opposer’s mark, then Applicant’s mark separately, whether they

thought the design of Applicant’s mark was similar to the Opposer’s Wave design mark

(Registration No. 4085739), and no one thought they were. G. Kurtz Decl., ¶ 20.

23. Applicant’s Mark is used in connection with fitness, exercise, boxing and martial arts

goods and services and which are not related to Opposer’s Marks used in connection with the surf

industry, beach lifestyle products and clothing, surfboarding and snowboarding goods and

services. G. Kurtz Decl., ¶ 21.

24. Applicant has commenced actual use of the T design Mark in commerce. Use on

apparel commenced for tee shirts in October, 2017; use on bags commenced in February, 2018;

use on sporting goods commenced March 2019, and use on the full apparel line commenced in

May, 2019. G. Kurtz Decl. ¶ 22.

25. Opposer and Applicant are not direct competitors in the marketplace, and have different

advertising and marketing practices, and channels of trade. G. Kurtz Decl. ¶¶ 14-15, 21, 23.

26. Purchasers of Applicant’s products are familiar with TKO sporting goods, boxing,

health and fitness equipment, and would not confuse the T logo with those of Opposer or the

O’Neill brand. G. Kurtz Decl. ¶ 24.

Page 16 of 25

27. Applicant attends and is an exhibitor at Trade Shows in the United States and Europe

annually for companies and consumers, such as IHRSA, The International Health, Racquet &

Sportsclub Association and FIBO, “The World’s Biggest Trade Show for Fitness, Wellness and

Health” expo. Applicant attends with company Booths and TKO marketing materials, including

videos, printed materials and products. G. Kurtz Decl. ¶ 25.

28. Those representatives of Applicant attending the Trade Shows have never encountered

Opposer or Opposer’s representatives or O’Neill participation or marketing at any Trade Shows in

Applicant’s industry or market. G. Kurtz Decl. ¶ 26.

29. Technical Knockout and the TKO brand have been showcased on many well-known

television shows, such as Biggest Loser, Scrubs, Park and Recreation, Friends, Entourage, CSI NY

and Celebrity Boxing. G. Kurtz Decl. ¶ 27.

III. ARGUMENTS

A. Summary Judgment Standard

When seeking summary judgment, the movant must show there is “no genuine dispute as

to any material fact and that the movant is entitled to judgment as a matter of law.” FRCP 56.

“This burden is greater than the evidentiary burden at trial.” TBMP § 528.01 citing, Gasser Chair

Co. v. Infanti Chair Mfg. Corp., 60 F.3d 770, 34 USPQ2d 1822, 1824 (Fed. Cir. 1995). In deciding

a motion for summary judgment, the Trademark Trial and Appeal Board (“TTAB”) must not try

issues of fact, but must “determine instead if there are any genuine disputes of material fact to be

tried.” TBMP §528.01 citing, Dyneer Corp. v. Automotive Products plc, 37 USPQ2d 1251, 1254

(TTAB 1995). A fact is material if it “may affect the decision, whereby the finding of that fact is

relevant and necessary to the proceedings.” TBMP § 528.01 citing, Opryland USA Inc. v. The

Great American Music Show Inc., 970 F.2d 847, 23 USPQ2d 1471, 1472 (Fed. Cir. 1992) (dispute

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is genuine if evidence could lead reasonable finder of fact to decide question in favor of

nonmovant); Institut National Des Appellations d’Origine v. Brown-Forman Corp., 47 USPQ2d

1875, 1879 (TTAB 1998) (fact is material when its resolution would affect the outcome of the

case). “The nonmoving party must be given the benefit of all reasonable doubt as to whether

genuine disputes of material fact exist; and the evidentiary record on summary judgment, and all

inferences to be drawn from the undisputed facts, must be viewed in the light most favorable to

the nonmoving party.” TBMP § 528.01 citing, Lloyd’s Food Products Inc. v. Eli’s Inc., 987 F.2d

766, 25 USPQ2d 2027, 2029-30 (Fed. Cir. 1993) (impermissible inferences against nonmovant);

Opryland USA Inc., 970 F.2d 847 (Fed. Cir. 1992) (evidence submitted by nonmovant is to be

believed and all justifiable inferences drawn in its favor). If the TTAB concludes that there is no

genuine dispute of material fact, but that the nonmoving party is the one entitled to judgment as a

matter of law, the Board may enter summary judgment sua sponte in favor of the nonmoving party.

TBMP § 528.01.

B. There is No Likelihood of Confusion

1. du Pont Factors: Test of Likelihood of Confusion

When determining a likelihood of confusion, the TTAB must consider all of the relevant

factors from the following thirteen factors set out in In re E. I. du Pont de Nemours & Co.:

(1) The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression; (2) The similarity or dissimilarity and nature of the goods or services as described in an application or registration or in connection with which a prior mark is in use; (3) The similarity or dissimilarity of established, likely-to-continue trade channels; (4) The conditions under which and buyers to whom sales are made; (5) The fame of the prior mark; (6) The number and nature of similar marks in use on similar goods; (7) The nature and extent of any actual confusion; (8) The length of time during and conditions under which there has been concurrent use without evidence of actual confusion; (9) The variety of goods on which a mark is or is not used

Page 18 of 25

(10) The market interface between applicant and the owner of a prior mark; (11) The extent to which applicant has a right to exclude others from use of its mark on its goods; (12) The extent of potential confusion; (13) Any other established probative of the effect of use.

476 F.2d 1357, 177 USPQ 563 (CCPA 1973); see also In re Guild Mortgage Co., Case No. 2017-

2620 (Fed. Cir. Jan. 14, 2019) (The Board’s decision was reversed for failure to consider factor 8,

concurrent use without actual confusion, finding on appeal there is no likelihood of confusion

between GUILD MORTGAGE COMPANY and design for mortgage banking services with the

registered mark GUILD INVESTMENT MANAGEMENT for investment advisory services).

2. The Marks are Different and Create Different Commercial Impressions

Trademarks must be compared for similarities in sound, appearance, meaning or

connotation. In re E. I. du Pont, 476 F.2d at 1361). The basic principle in determining confusion

between marks is that “the marks must be compared in their entireties and must be considered in

connection with the particular goods or services for which they are used.” In re Nat’l Data Corp.,

753 F.2d 1056, 1058, 224 USPQ 749, 750-51 (Fed. Cir. 1985); TMEP § 1207.01(b). “When the

marks at issue are both design marks, the similarity of the marks must be decided primarily on the

basis of visual similarity.” E.g., In re Vienna Sausage Mfg. Co., 16 USPQ2d 2044, 2047 (TTAB

1990); TMEP § 1207.01(c). Comparing design marks and the overall impression is a subjective

“eye ball” test. General Foods Corp., v. Ito Yakado Co., 219 USPQ 822 (TTAB 1983), aff’d

unpublished op., (Fed. Cir. 1984) (No likelihood of confusion found between different bird picture

marks and rejecting the theory that “any bird is likely to be confused with any other bird.”).

Consideration must be given to the fact that the marks usually will not be viewed side-by-side in

the marketplace and a purchaser’s recollection of design marks is often of a general, rather than

specific, nature. See, Red Carpet Corp. v. Johnstown Am. Enters., 7 USPQ2d 1404 (TTAB 1988)

Page 19 of 25

(holding mark consisting of a highly stylized house design for use in connection with real estate

property management, and mark consisting of a highly stylized house design for use in connection

with real estate brokerage services, not likely to cause confusion); Ocean Spray Cranberries, Inc.

v. Ocean Garden Prods., Inc., 223 USPQ 1027 (TTAB 1984) (holding mark consisting of a circle

containing three curved lines with rounded ends, for seafood, and mark consisting of a stylized

breaking wave within an oval, for various food items including juices and fruits, not likely to cause

confusion); TMEP § 1207.01(c).

In this case the design marks are not similar in appearance as Opposer’s marks consist of

Wave designs whereas Applicant’s Mark clearly consists of a stylized “T,” and there is no

likelihood of confusion. The visual differences are apparent and controlling here. See, Alpha Corp.

v. Columbia Broadcasting System, Inc., 463 F. 2d 1098, 175 USPQ 31 (CCPA 1972) (differences

in “eye” design held sufficient to prevent confusion of teachers and school administrators); Johann

Maria Farina Gegenuber Dem Julicho-Platz v. Chesebrough-Pond, Inc., 470 F.2d 1385, 176

USPQ 199 (CCPA 1972) (no likelihood of confusion between “tulip” designs); J. Thomas

McCarthy, McCarthy on Trademarks and Unfair Competition, § 23.07 (3rd ed. 1996). Due to the

visible differences between the marks in relation to the respective goods, the marks create distinct

overall commercial impressions as Opposer’s Wave design marks evoke the ocean, waves, surfing

and the beach, while Applicant’s stylized “T” Mark suggests its house marks TKO® and company

name Technical Knockout, Inc. G. Kurtz Decl., ¶¶ 16-18.

While the visual differences between the marks is obvious, Opposer’s and Applicant’s

mark descriptions and design search codes clarify and bolster such differences. Opposer

consistently acknowledges its wave design marks, yet purposefully and incorrectly attempts to

mischaracterize Applicant’s Mark as such, when in fact the record distinctly indicates Applicant’s

Page 20 of 25

mark description as accurately consisting of “an artistic and stylized “T”. In addition, while the

design codes share bands, curved, bars and curved lines, the design codes searched and referenced

in Applicant’s application also feature the distinguishing search codes as “geometric figures

forming letters, numerals or punctuation.” Serial No. 87516423. Thus, Opposer’s Wave design

Marks consisting of “a stylized depiction of a wave” (Reg. No. 4085739), “a wave of water above

the stylized wording of “O'NEILL” (Reg. No. 2204582), and “a design of a man on a surfboard

with both arms raised up within two stylized waves” (Reg. No. 4348476), are distinguishable from

Applicant’s stylized “T” Mark and such dissimilarity is solely sufficient to find there is no

likelihood of confusion. See, Oakville Hills Cellar, Inc. v. Georgallis Holdings, LLC, 826 F.3d

1376, 1381-82 (Fed. Cir. 2016); Champagne Louis Roederer, S.A. v. Delicato Vineyards, 148 F.

3d 1373, 1375 (Fed. Cir. 1998).

3. The Goods and Channels of Trade are Different

In analyzing whether there is a likelihood of confusion, it is also important to consider the

similarity or dissimilarity of the nature of the goods or services and the similarity or dissimilarity

of established likely to continue trade channels. In re E. I. du Pont, 476 F.2d at 1361. In this case,

the goods used in association with Applicant’s abstract “T” Mark and Opposer’s

Wave design marks are clearly distinct, and are not in competition, directly or indirectly, because

of the different types of goods/services, different target audiences, dissimilar marketing, and

divergent uses and there is no likelihood of confusion.

The nature and scope of a party’s goods or services must be determined on the basis of the

goods or services recited in the application or registration. See, Coach Servs., Inc. v. Triumph

Learning LLC, 668 F.3d 1356, 1370, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012); TMEP §

1207.01(a). “However, if the goods or services in question are not related or marketed in such a

Page 21 of 25

way that they would be encountered by the same persons in situations that would create the

incorrect assumption that they originate from the same source, then, even if the marks are identical,

confusion is not likely.” Id. (affirming the Board’s dismissal of opposer’s likelihood-of-confusion

claim, noting ‘there is nothing in the record to suggest that a purchaser of test preparation materials

who also purchases a luxury handbag would consider the goods to emanate from the same source’

though both were offered under the COACH mark); Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d

1238, 1244-45, 73 USPQ2d 1350, 1356 (Fed. Cir. 2004) (reversing TTAB’s holding that

contemporaneous use of RITZ for cooking and wine selection classes and RITZ for kitchen textiles

is likely to cause confusion, because the relatedness of the respective goods and services was not

supported by substantial evidence).

Here, Applicant’s T Mark is used in connection with fitness, exercise, boxing and martial

arts goods, athletic apparel and sportswear and services, which are not related to Opposer’s Wave

design marks used in connection with the surf industry, beach lifestyle products, related swim wear

and clothing, surfboarding and snowboarding goods and services. G. Kurtz Decl., ¶ 21. Applicant’s

products and services are provided directly through Applicant on its website, catalog, as well as

through licensees in the sporting goods and fitness industry. Applicant attends numerous trade

shows and events, and has never encountered the O’Neill brand and Wave design marks at such

events. G. Kurtz Decl. ¶ 25-26. In contrast, Opposer promotes its products and retail stores on its

website http://us.oneill.com, social media pages, and by sponsoring surfing teams and

snowboarding teams. Opposer’s brief page 1, Opposer’s Exs. 14-18. Opposer’s main competitors

are fellow manufacturers and retailers in the surf and water sports industry, marketing mainly as

respective lifestyle brands, such as Billabong and Quicksilver. Opposer’s Ex. 11. Opposer, O’Neill

brand, is an iconic surf brand and beach lifestyle brand. Opposer’s Ex. 16. Thus, the differences in


Page 22 of 25

Applicant’s products, marketing, audience and channels of trade are such that consumers will not

be confused as to the source of the respective products and services.

4. Opposer’s Wave Design Marks are Weak and Entitled to Limited Scope of Protection

a. Numerous third party use of wave designs as Marks for similar goods

“Evidence of third-party use falls under the sixth du Pont factor – the ‘number and nature

of similar marks in use on similar goods.’ In re E. I. du Pont., 76 F.2d at 1361, (CCPA 1973). If

the evidence establishes that the consuming public is exposed to third-party use of similar marks

on similar goods, it ‘is relevant to show that a mark is relatively weak and entitled to only a narrow

scope of protection.’” Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772,

396 F.3d 1369, 1373-74, 73 USPQ2d 1689, 1693 (Fed. Cir. 2005); TMEP § 1207.01(d)(iii).

Opposer’s Marks are wave designs. Wave designs are in use by hundreds third parties, and

prominently used in connection with various clothing and accessories and related products and

services in the surf and beach life industry and even more generally in marine, ocean themed

lifestyle brands. For example, the following wave designs are registered and in use for similar

products:

Applicant has attached hereto Seventy-Six (76) such exemplary TESS Registrations and

Applications printouts and evidence of use for each, as Ex. 9. Evidence of use and registration of

third-party marks is probative even without proof of the specific extent and impact of the use. Jack

Page 23 of 25

Wolfskin Ausrustung Fur Draussen GmbH v. New Millennium Sports, S.L.U., 797 F.3d 1363,

1373-74 (Fed. Cir. 2015). Thus, consumers recognize numerous third party wave marks in the

marketplace, with or without additional terms, and the use of a wave design in connection with

apparel and accessories is abundant and conceptually weak especially in relation to lifestyle brands

for surf, beach, ocean and/or marine goods and services is. Id. at 1374; In re Morinaga Nyugyo

Kabushiki Kaisha, 120 U.S.P.Q.2d 1738, 1745 (TTAB 2016) (Third party registrations are relevant

to the conceptual strength of the mark). Thus, Opposer’s Wave design marks are entitled to a

limited scope of protection where the differences in Applicant’s T Mark is sufficient to distinguish

the marks and avoid a likelihood of confusion.

b. Opposer’s Wave design Marks are not famous

The fame of the plaintiff's mark is not an either/or determination and varies along a

spectrum from very strong to very weak. Joseph Phelps Vineyards, LLC v. Fairmont Holdings,

LLC, 857 F.3d 1323, 1325 (Fed. Cir. 2017); Palm Bay, 396 F.3d at 1375. Factors relevant to

assessing the fame of the senior mark include sales, advertising, length of use of the mark, market

share, brand awareness, licensing activities, and the variety of goods bearing the mark. Coach, 668

F.3d at 1367. However, raw numbers without context may be insufficient to prove fame. Bose

Corp. v. QSC Audio Prods., Inc., 293 F.3d 1367, 1375-76 (Fed. Cir. 2002).

Opposer claims its Wave design marks are famous, yet as discussed above, doesn’t provide

any evidence to show that the wave designs are famous apart from the O’NEILL house mark. The

evidence submitted by Opposer shows the mark O’NEILL together with the wave designs.

Opposer’s Exs. 10, 14-18. Thus, while the O’NEILL term may be famous in its market niche, the

wave designs by themselves are not. As a result, Opposer’s Wave design marks are not entitled to

broad protection.

Page 24 of 25

5. Applicant’s Concurrent Use and Lack of Actual Confusion

Applicant has been using its T design mark since at least as early as October, 2017, and

has been expanding its use on the goods listed in the application. Over the last couple years there

has been no actual confusion during this period of concurrent use from anyone, whether in the

industry or an end consumer. G. Kurtz Decl., ¶ 19; See In re Guild Mortgage Co., Case No. 2017-

2620 (Fed. Cir. Jan. 14, 2019) (concurrent use without actual confusion is a factor to consider).

Consumers recognize the differences in the respective marks, goods and branding and there is no

likelihood of confusion between the respective marks and sources of goods.

IV. CONCLUSION

Based on the arguments and evidence submitted in support of Applicant, there is no

likelihood of confusion and Applicant has shown there are genuine disputes of material fact. This

opposition includes Applicant’s pleadings, answer rand affirmative defenses. The Testimony

Periods will provide the full testimony of witnesses and matters in evidence, followed by complete

Trial Briefs and Oral Argument.

WHEREFORE, Applicant respectfully requests the Board deny Opposer’s Motion for

Summary Judgment and rule in favor of Applicant. Applicant also requests that the Board

reinstitute the Opposition with an appropriate Scheduling Order as previously indicated.

Date: September 20, 2019 By: /Dale Paul DiMaggio/ Dale Paul DiMaggio Kristina M. DiMaggio

MALIN HALEY DIMAGGIO & BOWEN, P.A. 4901 NW 17th Way, Suite 308 Ft. Lauderdale, FL 33309

(954) 763-3303 [email protected] Attorneys for Applicant

Page 25 of 25

CERTIFICATE OF SERVICE

I hereby certify this APPLICANT’S RESPONSE IN OPPOSITION TO OPPOSER’S

MOTION FOR SUMMARY JUDGMENT is being filed electronically this day with the U.S.

Trademark Trial and Appeal Board, and one copy of the foregoing is being emailed to Opposer’s

counsel of record this 20th day of September, 2019:

Rochelle D. Alpert Sharon R. Smith Seth A. Rappaport Morgan, Lewis & Bockius LLP One Market, Spear Street Tower, 5th Fl. San Francisco, CA 94105 Email: [email protected] [email protected] [email protected] By: /Dale Paul DiMaggio/ Dale Paul DiMaggio Attorney for Applicant

Exhibits Index

True and Correct copies of the following:

D. DiMAGGIO DECLARATION

Exhibit 1 T Logo U.S. Application - TSDR

Exhibit 2 TKO registrations- TESS

Exhibit 3 O’Neill registrations – TESS

Exhibit 5 O’Neill Licensee Surfboard website pages

Exhibit 6 O’Neill website pages Exhibit 7 O’Neill wave/curl photos; YouTube video

cite

Exhibit 8 TESS Design search code results

Exhibit 9 Third party wave marks- TESS and website pages showing use

G. KURTZ DECLARATION

Exhibit 4 TKO Strength website pages, G. Kurtz Decl.

Exhibit 10 TKO Licensee S2 Sportswear Catalogs, G. Kurtz Decl

Exhibit 11 S2 Athletic Wear Sold, Catalog, G. Kurtz Decl.

Exhibit 12 S2 Sportswear Photographs, G. Kurtz Decl.

Exhibit 1

Mark Information

Mark LiteralElements:

T

Standard CharacterClaim:

No

Mark DrawingType:

3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)

Description ofMark:

The mark consists of an artistic and stylized "T".

Color(s) Claimed: Color is not claimed as a feature of the mark.

Design SearchCode(s):

26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved27.03.01 - Geometric figures forming letters, numerals or punctuation

Goods and Services

Note:The following symbols indicate that the registrant/owner has amended the goods/services:

Brackets [..] indicate deleted goods/services;Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; andAsterisks *..* identify additional (new) wording in the goods/services.

For: Providing consultation services in the field of health to individuals to help them make health, wellness and nutritional changes in theirdaily living to improve health

InternationalClass(es):

044 - Primary Class U.S Class(es): 100, 101

Class Status: ACTIVE

Basis: 1(b)

For: Conducting fitness classes; health club services, namely, providing instruction and equipment in the field of physical exercise; Personalfitness training services and consultancy; Providing fitness and exercise facilities; yoga instruction


041 - Primary Class U.S Class(es): 100, 101, 107


Basis: 1(b)

For: sports drinks

International 032 - Primary Class U.S Class(es): 045, 046, 048

Generated on: This page was generated by TSDR on 2019-09-17 12:31:08 EDT

Mark: T

US Serial Number: 87516423 Application FilingDate:

Jul. 05, 2017

Filed as TEAS RF: Yes Currently TEAS RF: Yes

Register: Principal

Mark Type: Trademark, Service Mark

TM5 Common StatusDescriptor:

LIVE/APPLICATION/Opposition Pending

The pending trademark application has been examined by the Office and waspublished for opposition, at which time one or more oppositions were filed butthey have not yet been decided.

Status: An opposition after publication is pending at the Trademark Trial and Appeal Board. For further information, see TTABVUE on theTrademark Trial and Appeal Board web page.

Status Date: Jul. 19, 2018

Publication Date: May 22, 2018

Class(es):


Basis: 1(b)

For: Fitness machines, namely, rowing machines, stair-stepping machines, resistance machines, and exercise equipment, namely, exerciseweights, dumbbells, exercise bars, exercise balls, kettle bells, and storage racks for the foregoing; exercise equipment, namely, fullbody stretchers using cables, straps that are affixed to doors for performance of weight-resistance exercises, exercise bands, waist-trimmer exercise belts, weight lifting equipment, namely, exercise weights, bars and weight lifting benches; cardio machines, namely,rowing machines, stationary cycles; boxing and martial-art equipment, namely, boxing gloves, boxing-training gloves, boxing-baggloves, heavy boxing bags, striking boxing bags and speed boxing bags, free-standing boxing bags, double-ended boxing bags, bodyforearm kick shields, weightlifting wrist supports, knee supports for athletic use, push up bars, pull up bars, handgrips for hand andforearm exercises, jump ropes, protective athletic cups, focus mitts, hand wraps being athletic equipment, boxing bag swivelmechanisms, speed boxing-bag platforms, heavy boxing-bag swivel mechanisms, heavy boxing-bag stands, boxing rings, boxing-ringsafety ropes and corner pads, shin guards for athletic use, foot protectors for athletic use, rib protectors for athletic use, medicine balls,trainer's athletic tape, hand and forearm pads for athletic use and reflex-punching boxing bags; inflatable punching bags and hand heldunits for playing electronic games; wireless gaming headsets adapted for use in playing video games; armbands specifically adaptedfor gaming apparatus


028 - Primary Class U.S Class(es): 022, 023, 038, 050


Basis: 1(b)

For: Gymnasium exercise mats; personal exercise mats; yoga mats


027 - Primary Class U.S Class(es): 019, 020, 037, 042, 050


Basis: 1(b)

For: Athletic and exercise sportswear, namely, men's, women's, and children's swimwear, jeans, leather jackets, and collared sports shirts;Active wear for men and women, namely, boxer shorts, bicycle shorts, gym shorts, pants, pullovers, short sleeve shirts, sweatshirts,sweat shorts, sweat pants, sweat suits, t-shirts, tank tops, warm-up suits; Athletic footwear and headwear


025 - Primary Class U.S Class(es): 022, 039


Basis: 1(b)

For: Water bottles sold empty; reusable stainless steel water bottles sold empty; thermal insulated containers for food and beverages


021 - Primary Class U.S Class(es): 002, 013, 023, 029, 030, 033, 040, 050


Basis: 1(b)

For: Luggage; all purpose sports bags, backpacks and waistpacks




Basis: 1(b)

For: Printed exercise manuals, printed instructional, educational, and teaching materials concerning health, fitness and exercise, andprinted product manuals and printed educational materials concerning health, fitness and exercise


016 - Primary Class U.S Class(es): 002, 005, 022, 023, 029, 037, 038, 050


Basis: 1(b)

For: Protective boxing helmets; sunglasses; scales, scales with body mass analyzers; bathroom scales; body fat scales for household use;digital bathroom scales; weighing scales; weighing equipment, namely, scales and balances; headphones, earbuds, wireless headsetsfor use with mobile telephones, armbands specifically adapted for personal electronic devices, namely, mobile telephones and MP3players; electronic publications, namely, exercise manuals and product manuals concerning health, fitness and exercise, all recordedon computer media; mouth guards for athletic use; head guards for sports




Basis: 1(b)

For: Vitamins, mineral supplements, food supplements and nutritional supplements


005 - Primary Class U.S Class(es): 006, 018, 044, 046, 051, 052


Basis: 1(b)

Basis Information (Case Level)

Filed Use: No Currently Use: No

Filed ITU: Yes Currently ITU: Yes

Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No

Filed 66A: No Currently No Basis: No

Filed No Basis: No

Current Owner(s) Information

Owner Name: Technical Knockout, Inc.

Owner Address: 4660 Pine Timbers, Suite 198Houston, TEXAS UNITED STATES 77041

Legal Entity Type: CORPORATION State or CountryWhere Organized:

DELAWARE

Attorney/Correspondence Information

Attorney of Record

Attorney Name: Dale Paul DiMaggio Docket Number: 9530.47196

Attorney PrimaryEmail Address:

[email protected] Attorney EmailAuthorized:

Yes

Correspondent

CorrespondentName/Address:

DALE PAUL DIMAGGIOMALIN HALEY DIMAGGIO & BOWEN PA4901 NW 17TH WAYSUITE 308FORT LAUDERDALE, FLORIDA UNITED STATES 33309

Phone: 954-763-3303

Correspondent e-mail:

[email protected] Correspondent e-mail Authorized:

Yes

Domestic Representative - Not Found

Prosecution History

Date DescriptionProceedingNumber

Jul. 19, 2018 OPPOSITION INSTITUTED NO. 999999 242509

Jun. 21, 2018 EXTENSION OF TIME TO OPPOSE RECEIVED

May 22, 2018 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

May 22, 2018 PUBLISHED FOR OPPOSITION

May 02, 2018 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Apr. 18, 2018 APPROVED FOR PUB - PRINCIPAL REGISTER

Apr. 17, 2018 EXAMINER'S AMENDMENT ENTERED 88888

Apr. 17, 2018 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Apr. 17, 2018 EXAMINERS AMENDMENT E-MAILED 6328

Apr. 17, 2018 EXAMINERS AMENDMENT -WRITTEN 77658

Mar. 27, 2018 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Mar. 26, 2018 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Mar. 26, 2018 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Oct. 04, 2017 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Oct. 04, 2017 NON-FINAL ACTION E-MAILED 6325

Oct. 04, 2017 NON-FINAL ACTION WRITTEN 77658

Sep. 29, 2017 ASSIGNED TO EXAMINER 77658

Jul. 13, 2017 NOTICE OF DESIGN SEARCH CODE E-MAILED

Jul. 12, 2017 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Jul. 08, 2017 NEW APPLICATION ENTERED IN TRAM

TM Staff and Location Information

TM Staff Information

TM Attorney: REGAN, JOHN B Law OfficeAssigned:

LAW OFFICE 113

File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Apr. 19, 2018

Proceedings

Summary

Number ofProceedings:

2

Type of Proceeding: Opposition

ProceedingNumber:

91242509 Filing Date: Jul 19, 2018

Status: Pending Status Date: Sep 10, 2019

InterlocutoryAttorney:

MIKE WEBSTER

Defendant

Name: Technical Knockout, Inc.

CorrespondentAddress:

DALE PAUL DIMAGGIOMALIN HALEY DIMAGGIO & BOWEN PA4901 NW 17TH WAY, SUITE 308FORT LAUDERDALE FL UNITED STATES , 33309


[email protected]

Associated marks

Mark Application StatusSerialNumber

RegistrationNumber

T Opposition Pending 87516423

Plaintiff(s)

Name: Sisco Textiles N.V.


ROCHELLE D ALPERTMORGAN LEWIS & BOCKIUS LLPONE MARKET, SPEAR STREET TOWER, 5TH FLOORSAN FRANCISCO CA UNITED STATES , 94105


[email protected] , [email protected] , [email protected] , sharon.smith@morganlewis

.com , [email protected]

Associated marks


RegistrationNumber

O'NEILL REGISTERED AND RENEWED 75977757 2204582

Registered 79109078 4348476

SECTION 71 ACCEPTED 79090990 4085739

Prosecution History

Entry Number History Text Date Due Date

1 FILED AND FEE Jul 19, 2018

2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Jul 19, 2018 Aug 28, 2018

3 PENDING, INSTITUTED Jul 19, 2018

4 ANSWER Aug 28, 2018

5 P MOT FOR EXT W/ CONSENT Oct 23, 2018

6 EXTENSION OF TIME GRANTED Oct 23, 2018

7 P MOT FOR EXT W/ CONSENT Dec 21, 2018

8 EXTENSION OF TIME GRANTED Dec 21, 2018

9 P MOT FOR SUMMARY JUDGMENT Aug 07, 2019

10 SUSP PEND DISP OF OUTSTNDNG MOT Aug 21, 2019

11 D MOT FOR EXT W/ CONSENT Sep 04, 2019

12 EXTENSION OF TIME GRANTED Sep 10, 2019

Type of Proceeding: Extension of Time

ProceedingNumber:

87516423 Filing Date: Jun 21, 2018

Status: Terminated Status Date: Jul 21, 2018

InterlocutoryAttorney:

Defendant

Name: Technical Knockout, Inc.


DALE PAUL DIMAGGIOMALIN HALEY DIMAGGIO & BOWEN, P.A.4901 NW 17TH WAY, SUITE 308FORT LAUDERDALE FL , 33309


[email protected]

Associated marks


RegistrationNumber

T Opposition Pending 87516423

Potential Opposer(s)

Name: Sisco Textiles N.V.


ROCHELLE D ALPERTMorgan, Lewis & Bockius LLPOne Market, Spear Street Tower, 5th Fl.SAN FRANCISCO CA UNITED STATES , 94105


[email protected] , [email protected] , [email protected] , sharon.smith@morganlewis

.com

Associated marks

Mark Application Status Serial NumberRegistrationNumber

Prosecution History

Entry Number History Text Date Due Date

1 INCOMING - EXT TIME TO OPPOSE FILED Jun 21, 2018

2 EXTENSION OF TIME GRANTED Jun 21, 2018

From: [email protected]

Sent: Tuesday, May 22, 2018 00:56 AM

To: [email protected]

Subject: Official USPTO Notice of Publication Confirmation: U.S. Trademark SN 87516423: T (Stylized/Design): Docket/Reference No. 9530.47196

TRADEMARK OFFICIAL GAZETTE PUBLICATION CONFIRMATION

U.S. Serial Number: 87516423Mark: T (Stylized/Design)International Class(es): 005, 009, 016, 018, 021, 025, 027, 028, 032, 041, 044Owner: Technical Knockout, Inc.Docket/Reference Number: 9530.47196

The mark identified above has been published in the Trademark Official Gazette (TMOG) on May 22, 2018.

To Review the Mark in the TMOG:

Click on the following link or paste the URL into an internet browser: https://tmog.uspto.gov/#issueDate=2018-05-22&serialNumber=87516423

On the publication date or shortly thereafter, the applicant should carefully review the information that appears in the TMOG for accuracy. If any information is incorrect due toUSPTO error, the applicant should immediately email the requested correction to [email protected]. For applicant corrections or amendments after publication,please file a post publication amendment using the form available at http://teasroa.uspto.gov/ppa/. For general information about this notice, please contact the TrademarkAssistance Center at 1-800-786-9199.

Significance of Publication for Opposition:

* Any party who believes it will be damaged by the registration of the mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal

Board. If no party files an opposition or extension request within thirty (30) days after the publication date, then eleven (11) weeks after the publication date a notice ofallowance (NOA) should issue. (Note: The applicant must file a complete Statement of Use or Extension Request with the required fees within six (6) months after theNOA issues to avoid abandonment of the application.)

To check the status of the application, go to http://tsdr.uspto.gov/#caseNumber=87516423&caseType=SERIAL_NO&searchType=statusSearch or contact the TrademarkAssistance Center at 1-800-786-9199. Please check the status of the application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go tohttp://tsdr.uspto.gov/#caseNumber=87516423&caseType=SERIAL_NO&searchType=documentSearch. NOTE: This notice will only become available on-line the next business

day after receipt of this e-mail.

https://tmog.uspto.gov/#issueDate=2018-05-22&serialNumber=87516423

mailto:[email protected]

http://teasroa.uspto.gov/ppa/

http://tsdr.uspto.gov/#caseNumber=87516423&caseType=SERIAL_NO&searchType=statusSearch

http://tsdr.uspto.gov/#caseNumber=87516423&caseType=SERIAL_NO&searchType=documentSearch

From: [email protected]

Sent: Wednesday, May 2, 2018 08:02 AM


Subject: Official USPTO Notification of Notice of Publication: U.S. Trademark SN 87516423: T (Stylized/Design): Docket/Reference No. 9530.47196

NOTIFICATION OF "NOTICE OF PUBLICATION"

Your trademark application (U.S. Serial No. 87516423) is scheduled to publish in the Official Gazette on May 22, 2018. To preview the Notice of Publication, go to theTrademark Status & Document Retrieval (TSDR) database, accessible at https://tsdr.uspto.gov/search.action?sn=87516423. If you have difficulty accessing the Notice ofPublication, contact the Trademark Assistance Center (TAC) by e-mail at [email protected] or by telephone at 800-786-9199.

PLEASE NOTE: 1. The Notice of Publication may not be immediately available but will be viewable within 24 hours of this e-mail notification. 2. You will receive a second e-mail on the actual "Publication Date," which will include a link to the issue of the Official Gazette in which the mark has published.

Please confirm that the correspondence information shown in TSDR is correct. If the correspondence information is not correct, please update this information using the onlineChange of Correspondence Address Form, Accessible at https://teas/uspto.gov/ccr/cca.

Do NOT hit "Reply" to this e-mail notification. If you have any questions about the content of the Notice of Publication, contact [email protected].

https://tsdr.uspto.gov/search.action?sn=87516423

https://teas/uspto.gov/ccr/cca

UNITED STATES PATENT AND TRADEMARK OFFICE

Commissioner for TrademarksP.O. Box 1451

Alexandria, VA 22313-1451www.uspto.gov

May 2, 2018

NOTICE OF PUBLICATION 1. Serial No.:

87-516,4232. Mark:

T(STYLIZED/DESIGN)

3. International Class(es):

5, 9, 16, 18, 21, 25, 27, 28, 32, 41, 44

4. Publication Date:

May 22, 20185. Applicant:

Technical Knockout, Inc.

The mark of the application identified appears to be entitled to registration. The mark will, in accordance with Section 12(a) of the Trademark Act of 1946, as amended, bepublished in the Official Gazette on the date indicated above for the purpose of opposition by any person who believes he will be damaged by the registration of the mark. If noopposition is filed within the time specified by Section 13(a) of the Statute or by rules 2.101 or 2.102 of the Trademark Rules, the Commissioner of Patents and Trademarks mayissue a notice of allowance pursuant to section 13(b) of the Statute.

Copies of the trademark portion of the Official Gazette containing the publication of the mark may be obtained from:

The Superintendent of DocumentsU.S. Government Printing OfficePO Box 371954Pittsburgh, PA 15250-7954Phone: 202-512-1800

By direction of the Commissioner.

Email Address(es):

[email protected]

Trademark Snap Shot Publication Stylesheet(Table presents the data on Publication Approval)

OVERVIEW

SERIAL NUMBER 87516423 FILING DATE 07/05/2017

REG NUMBER 0000000 REG DATE N/A

REGISTER PRINCIPAL MARK TYPE TRADEMARK

INTL REG # N/A INTL REG DATE N/A

TM ATTORNEY REGAN, JOHN B L.O. ASSIGNED 113

PUB INFORMATION

RUN DATE 04/19/2018

PUB DATE N/A

STATUS 680-APPROVED FOR PUBLICATION

STATUS DATE 04/18/2018

LITERAL MARK ELEMENT T

DATE ABANDONED N/A DATE CANCELLED N/A

SECTION 2F NO SECTION 2F IN PART NO

SECTION 8 NO SECTION 8 IN PART NO

SECTION 15 NO REPUB 12C N/A

RENEWAL FILED NO RENEWAL DATE N/A

DATE AMEND REG N/A

FILING BASIS

FILED BASIS CURRENT BASIS AMENDED BASIS

1 (a) NO 1 (a) NO 1 (a) NO

1 (b) YES 1 (b) YES 1 (b) NO

44D NO 44D NO 44D NO

44E NO 44E NO 44E NO

66A NO 66A NO

NO BASIS NO NO BASIS NO

MARK DATA

STANDARD CHARACTER MARK NO


MARK DRAWING CODE 3-AN ILLUSTRATION DRAWING WHICH INCLUDESWORD(S)/LETTER(S)/NUMBER(S)

COLOR DRAWING FLAG NO

CURRENT OWNER INFORMATION

PARTY TYPE 10-ORIGINAL APPLICANT

NAME Technical Knockout, Inc.

ADDRESS 4660 Pine Timbers, Suite 198Houston, TX 77041

ENTITY 03-CORPORATION

CITIZENSHIP Delaware

GOODS AND SERVICES

INTERNATIONAL CLASS 005

DESCRIPTION TEXT Vitamins, mineral supplements, food supplements and nutritional supplements


DESCRIPTION TEXT Protective boxing helmets; sunglasses; scales, scales with body mass analyzers;bathroom scales; body fat scales for household use; digital bathroom scales;weighing scales; weighing equipment, namely, scales and balances; headphones,earbuds, wireless headsets for use with mobile telephones, armbands specificallyadapted for personal electronic devices, namely, mobile telephones and MP3players; electronic publications, namely, exercise manuals and product manualsconcerning health, fitness and exercise, all recorded on computer media; mouthguards for athletic use; head guards for sports


DESCRIPTION TEXT Printed exercise manuals, printed instructional, educational, and teaching materialsconcerning health, fitness and exercise, and printed product manuals and printededucational materials concerning health, fitness and exercise


DESCRIPTION TEXT Luggage; all purpose sports bags, backpacks and waistpacks


DESCRIPTION TEXT Water bottles sold empty; reusable stainless steel water bottles sold empty; thermalinsulated containers for food and beverages


DESCRIPTION TEXT Athletic and exercise sportswear, namely, men's, women's, and children's swimwear,jeans, leather jackets, and collared sports shirts; Active wear for men and women,namely, boxer shorts, bicycle shorts, gym shorts, pants, pullovers, short sleeveshirts, sweatshirts, sweat shorts, sweat pants, sweat suits, t-shirts, tank tops, warm-up suits; Athletic footwear and headwear


DESCRIPTION TEXT Gymnasium exercise mats; personal exercise mats; yoga mats


DESCRIPTION TEXT Fitness machines, namely, rowing machines, stair-stepping machines, resistancemachines, and exercise equipment, namely, exercise weights, dumbbells, exercisebars, exercise balls, kettle bells, and storage racks for the foregoing; exerciseequipment, namely, full body stretchers using cables, straps that are affixed to doorsfor performance of weight-resistance exercises, exercise bands, waist-trimmerexercise belts, weight lifting equipment, namely, exercise weights, bars and weightlifting benches; cardio machines, namely, rowing machines, stationary cycles; boxingand martial-art equipment, namely, boxing gloves, boxing-training gloves, boxing-bag gloves, heavy boxing bags, striking boxing bags and speed boxing bags, free-standing boxing bags, double-ended boxing bags, body forearm kick shields,weightlifting wrist supports, knee supports for athletic use, push up bars, pull upbars, handgrips for hand and forearm exercises, jump ropes, protective athletic cups,focus mitts, hand wraps being athletic equipment, boxing bag swivel mechanisms,speed boxing-bag platforms, heavy boxing-bag swivel mechanisms, heavy boxing-bag stands, boxing rings, boxing-ring safety ropes and corner pads, shin guards forathletic use, foot protectors for athletic use, rib protectors for athletic use, medicineballs, trainer's athletic tape, hand and forearm pads for athletic use and reflex-punching boxing bags; inflatable punching bags and hand held units for playingelectronic games; wireless gaming headsets adapted for use in playing video games;

armbands specifically adapted for gaming apparatus


DESCRIPTION TEXT sports drinks


DESCRIPTION TEXT Conducting fitness classes; health club services, namely, providing instruction andequipment in the field of physical exercise; Personal fitness training services andconsultancy; Providing fitness and exercise facilities; yoga instruction


DESCRIPTION TEXT Providing consultation services in the field of health to individuals to help them makehealth, wellness and nutritional changes in their daily living to improve health

GOODS AND SERVICES CLASSIFICATION

INTERNATIONALCLASS

005 FIRST USE DATE NONE FIRST USE INCOMMERCEDATE

NONE CLASS STATUS 6-ACTIVE

INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



MISCELLANEOUS INFORMATION/STATEMENTS

CHANGE IN REGISTRATION NO

COLORS CLAIMED STATEMENT Color is not claimed as a feature of the mark.

DESCRIPTION OF MARK The mark consists of an artistic and stylized "T".

PSEUDO MARK TECHINCAL

PROSECUTION HISTORY

DATE ENT CD ENT TYPE DESCRIPTION ENT NUM

04/18/2018 CNSA P APPROVED FOR PUB - PRINCIPAL REGISTER 015

04/17/2018 XAEC I EXAMINER'S AMENDMENT ENTERED 014

04/17/2018 GNEN O NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 013

04/17/2018 GNEA O EXAMINERS AMENDMENT E-MAILED 012

04/17/2018 CNEA R EXAMINERS AMENDMENT -WRITTEN 011

03/27/2018 TEME I TEAS/EMAIL CORRESPONDENCE ENTERED 010

03/26/2018 CRFA I CORRESPONDENCE RECEIVED IN LAW OFFICE 009

03/26/2018 TROA I TEAS RESPONSE TO OFFICE ACTION RECEIVED 008

10/04/2017 GNRN O NOTIFICATION OF NON-FINAL ACTION E-MAILED 007

10/04/2017 GNRT F NON-FINAL ACTION E-MAILED 006

10/04/2017 CNRT R NON-FINAL ACTION WRITTEN 005

09/29/2017 DOCK D ASSIGNED TO EXAMINER 004

07/13/2017 MDSM E NOTICE OF DESIGN SEARCH CODE E-MAILED 003

07/12/2017 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002

07/08/2017 NWAP I NEW APPLICATION ENTERED IN TRAM 001

CURRENT CORRESPONDENCE INFORMATION

ATTORNEY Dale Paul DiMaggio

CORRESPONDENCE ADDRESS DALE PAUL DIMAGGIOMALIN HALEY DIMAGGIO & BOWEN, P.A.4901 NW 17TH WAY, SUITE 308FORT LAUDERDALE, FL 33309

DOMESTIC REPRESENTATIVE NONE

Trademark Snap Shot Amendment & Mail Processing Stylesheet(Table presents the data on Amendment & Mail Processing Complete)

OVERVIEW






PUB INFORMATION

RUN DATE 04/18/2018

PUB DATE N/A

STATUS 647-EXAMINERS AMENDMENT - MAILED








DATE AMEND REG N/A

FILING BASIS


1 (a) NO 1 (a) NO 1 (a) NO

1 (b) YES 1 (b) YES 1 (b) NO



66A NO 66A NO


MARK DATA











GOODS AND SERVICES
















DESCRIPTION TEXT Fitness machines, namely, rowing machines, stair-stepping machines, resistancemachines, and exercise equipment, namely, exercise weights, dumbbells, exercisebars, exercise balls, kettle bells, and storage racks for the foregoing; exerciseequipment, namely, full body stretchers using cables, straps that are affixed to doorsfor performance of weight-resistance exercises, exercise bands, waist-trimmerexercise belts, weight lifting equipment, namely, exercise weights, bars and weightlifting benches; cardio machines, namely, rowing machines, stationary cycles; boxingand martial-art equipment, namely, boxing gloves, boxing-training gloves, boxing-bag gloves, heavy boxing bags, striking boxing bags and speed boxing bags, free-standing boxing bags, double-ended boxing bags, body forearm kick shields,weightlifting wrist supports, knee supports for athletic use, push up bars, pull upbars, handgrips for hand and forearm exercises, jump ropes, protective athletic cups,focus mitts, hand wraps being athletic equipment, boxing bag swivel mechanisms,speed boxing-bag platforms, heavy boxing-bag swivel mechanisms, heavy boxing-bag stands, boxing rings, boxing-ring safety ropes and corner pads, shin guards forathletic use, foot protectors for athletic use, rib protectors for athletic use, medicineballs, trainer's athletic tape, hand and forearm pads for athletic use and reflex-punching boxing bags; inflatable punching bags and hand held units for playingelectronic games; wireless gaming headsets adapted for use in playing video games;

armbands specifically adapted for gaming apparatus






DESCRIPTION TEXT Providing consultation services in the field of health to individuals to help them makehealth, wellness and nutritional changes in their daily living to improve health


INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS








PROSECUTION HISTORY


04/17/2018 XAEC I EXAMINER'S AMENDMENT ENTERED 014

04/17/2018 GNEN O NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 013

04/17/2018 GNEA O EXAMINERS AMENDMENT E-MAILED 012

04/17/2018 CNEA R EXAMINERS AMENDMENT -WRITTEN 011















To: Technical Knockout, Inc. ([email protected])

Subject: U.S. TRADEMARK APPLICATION NO. 87516423 - T - 9530.47196

Sent: 4/17/2018 4:48:02 PM

Sent As: [email protected]

Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION

SERIAL NO. 87516423

MARK: T

*87516423*CORRESPONDENT

ADDRESS:

DALE PAUL

DIMAGGIO

MALIN HALEY

DIMAGGIO & BOWEN,

P.A.

4901 NW 17TH

WAY, SUITE 308

FORT

LAUDERDALE, FL

33309

GENERAL TRADEMARK

INFORMATION:

http://www.uspto.gov/trademarks/index.jsp

VIEW YOUR APPLICATION FILE

APPLICANT: Technical

Knockout, Inc.

CORRESPONDENT’S

REFERENCE/DOCKET

NO:

9530.47196

CORRESPONDENT E-

MAIL ADDRESS:

[email protected]

EXAMINER’S AMENDMENT

ISSUE/MAILING DATE: 4/17/2018

APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Kristina DiMaggio on 4/17/2018, the trademark

examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise,

no response is necessary. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or

services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.


http://www.uspto.gov/trademarks/index.jsp


The identification of goods/services is amended to read as follows:

IC 005. US 006 018 044 046 051 052. G & S: Vitamins, mineral supplements, food supplements and nutritional supplements

IC 009. US 021 023 026 036 038. G & S: Protective boxing helmets; sunglasses; scales, scales with body mass analyzers; bathroom

scales; body fat scales for household use; digital bathroom scales; weighing scales; weighing equipment, namely, scales and balances;

headphones, earbuds, wireless headsets for use with mobile telephones, armbands specifically adapted for personal electronic devices,

namely, mobile telephones and MP3 players; electronic publications, namely, exercise manuals and product manuals concerning health,

fitness and exercise, all recorded on computer media; mouth guards for athletic use; head guards for sports

IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed exercise manuals, printed instructional, educational, and teaching

materials concerning health, fitness and exercise, and printed product manuals and printed educational materials concerning health,

fitness and exercise

IC 018. US 001 002 003 022 041. G & S: Luggage; all purpose sports bags, backpacks and waistpacks

IC 021. US 002 013 023 029 030 033 040 050. G & S: Water bottles sold empty; reusable stainless steel water bottles sold empty;

thermal insulated containers for food and beverages

IC 025. US 022 039. G & S: Athletic and exercise sportswear, namely, men's, women's, and children's swimwear, jeans, leather

jackets, and collared sports shirts; Active wear for men and women, namely, boxer shorts, bicycle shorts, gym shorts, pants, pullovers,

short sleeve shirts, sweatshirts, sweat shorts, sweat pants, sweat suits, t-shirts, tank tops, warm-up suits; Athletic footwear and headwear

IC 027. US 019 020 037 042 050. G & S: Gymnasium exercise mats; personal exercise mats; yoga mats

IC 028. US 022 023 038 050. G & S: Fitness machines, namely, rowing machines, stair-stepping machines, resistance machines, and

exercise equipment, namely, exercise weights, dumbbells, exercise bars, exercise balls, kettle bells, and storage racks for the foregoing;

exercise equipment, namely, full body stretchers using cables, straps that are affixed to doors for performance of weight-resistance

exercises, exercise bands, waist-trimmer exercise belts, weight lifting equipment, namely, exercise weights, bars and weight lifting

benches; cardio machines, namely, rowing machines, stationary cycles, treadmills; boxing and martial-art equipment, namely, boxing

gloves, boxing-training gloves, boxing-bag gloves, heavy boxing bags, striking boxing bags and speed boxing bags, free-standing boxing

bags, double-ended boxing bags, body forearm kick shields, weightlifting wrist supports, knee supports for athletic use, push up bars, pull

up bars, handgrips for hand and forearm exercises, jump ropes, protective athletic cups, focus mitts, hand wraps being athletic equipment,

boxing bag swivel mechanisms, speed boxing-bag platforms, heavy boxing-bag swivel mechanisms, heavy boxing-bag stands, boxing

rings, boxing-ring safety ropes and corner pads, shin guards for athletic use, foot protectors for athletic use, rib protectors for athletic use,

medicine balls, trainer's athletic tape, hand and forearm pads for athletic use and reflex-punching boxing bags; inflatable punching bags

and hand held units for playing electronic games; wireless gaming headsets adapted for use in playing video games; armbands

specifically adapted for gaming apparatus

IC 032. US 045 046 048. G & S: sports drinks

IC 041. US 100 101 107. G & S: Conducting fitness classes; health club services, namely, providing instruction and equipment in

the field of physical exercise; Personal fitness training services and consultancy; Providing fitness and exercise facilities; yoga instruction

IC 044. US 100 101. G & S: Providing consultation services in the field of health to individuals to help them

make health, wellness and nutritional changes in their daily living to improve health

See TMEP §§1402.01, 1402.01(e).

/J. Brendan Regan/

Examining Attorney

Law Office 113

571/272-9212

[email protected]

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official

notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at

http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the

Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking

status, see http://www.uspto.gov/trademarks/process/status/.

http://tsdr.uspto.gov/


http://www.uspto.gov/trademarks/process/status/

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the Trademark Electronic Application System (TEAS) form at

http://www.uspto.gov/trademarks/teas/correspondence.jsp.

http://www.uspto.gov/trademarks/teas/correspondence.jsp



Sent: 4/17/2018 4:48:04 PM


Attachments:


IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 4/17/2018 FOR U.S. APPLICATION SERIAL NO.87516423

Please follow the instructions below:

(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov/, enter the U.S. application serial number, and click on

“Documents.”

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24

hours of this e-mail notification.

(2) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For

technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail

[email protected].

WARNING

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are

using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that

closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay

“fees.”

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document

from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States

Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle

private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.


http://tsdr.uspto.gov/view.action?sn=87516423&type=EXA&date=20180417#tdrlink



http://www.uspto.gov/trademarks/solicitation_warnings.jsp

NOTE TO THE FILE

SERIAL NUMBER: 87516423

DATE: 04/17/2018

NAME: bregan

NOTE:

Searched: Google

Lexis/Nexis

OneLook

Wikipedia

Acronym Finder Protest evidence reviewed

Other:

Checked: Geographic significance

Surname

Translation

ID with ID/CLASS mailbox

Checked list of approved Canadian attorneys and agents

Discussed file withAttorney/Applicant via:

phone Left message with

email Attorney/Applicant

Requested Law Library search Issued Examiner’s Amendment

for: and entered changes in TRADEUPS

PRINT DO NOT PRINT Added design code in TRADEUPS

Description of the mark

Translation statement Re-imaged standard character

drawing

Negative translation statement

Consent of living individual Contacted TM MADRID ID/CLASS

about misclassified definite ID

Changed TRADEUPS to:

X OTHER:

From: Kristina DiMaggio [mailto:[email protected]]Sent: Tuesday, April 17, 2018 4:41 PMTo: Regan, Brendan <[email protected]>Cc: Dale DiMaggio <[email protected]>; Tatiana Borisyuk <[email protected]>Subject: FW: ™ App Ser No 87516423 (our file 9530.47196) for T design Hello Mr. Regan,In accordance with your proposed changes in the email below, please proceed with the Examiner’s Amendment.Thank you, Kristina M. DiMaggio, Esq.

Resident of New Jersey

Member of New York & New Jersey Bars Only

Firm Address:

MMALIN HALEY DIMAGGIO & BOWEN, P.A.

Spectrum Office Building

4901 NW 17th Way, Suite 308

Fort Lauderdale, FL 33309

Tel: 954-763-3303

Email: [email protected]

This e-mail contains confidential and privileged information, which is intended only for the specific addressee. Any other person who

reads, uses or discloses this information may be violating Federal and State law. If you received this message in error, please destroy

immediately and advise the sender.

From: Regan, Brendan [mailto:[email protected]]Sent: Monday, April 16, 2018 6:45 PMTo: Dale DiMaggio <[email protected]>Cc: Regan, Brendan <[email protected]>Subject: ™ App Ser No 87516423 (your 9530.47196) for T design Hello, I am the examining attorney in receipt of your response in the above-captioned application. I can approve same forpublication if you authorize me to enter an Examiner Amendment that:

in Class 28 deletes newly-added “ treadmills” (which is beyond the allowable scope *)

Fitness machines, namely, rowing machines, stair-stepping machines, resistance machines, and

exercise equipment, namely, exercise weights, dumbbells, exercise bars, exercise balls, kettle bells,

and storage racks for the foregoing; exercise equipment, namely, full body stretchers using cables,

straps that are affixed to doors for performance of weight-resistance exercises, exercise bands,

waist-trimmer exercise belts, weight lifting equipment, namely, exercise weights, bars and weight

lifting benches; cardio machines, namely, rowing machines, stationary cycles, treadmills; boxing

and martial-art equipment, namely, boxing gloves, boxing-training gloves, boxing-bag gloves, heavy

boxing bags, striking boxing bags and speed boxing bags, free-standing boxing bags, double-ended

boxing bags, body forearm kick shields, weightlifting wrist supports, knee supports for athletic use,

push up bars, pull up bars, handgrips for hand and forearm exercises, jump ropes, protective

athletic cups, focus mitts, hand wraps being athletic equipment, boxing bag swivel mechanisms,

speed boxing-bag platforms, heavy boxing-bag swivel mechanisms, heavy boxing-bag stands,

boxing rings, boxing-ring safety ropes and corner pads, shin guards for athletic use, foot protectors

for athletic use, rib protectors for athletic use, medicine balls, trainer's athletic tape, hand and

forearm pads for athletic use and reflex-punching boxing bags; inflatable punching bags , and hand

held units for playing electronic games; wireless gaming headsets adapted for use in playing video

games; armbands specifically adapted for gaming apparatus

reworks Class 44…

Providing fitness training consultation services in the field of health to individuals to help them

make health, wellness and nutritional changes in their daily living to improve health …so as to not identify Class 41 services (per the ID Manual):





Thank you in advance for your response. /Brendan Regan/USPTO Law Office 113

_________* The original read (in pertinent part)…

Fitness machines and exercise equipment, namely, weights, dumbbells, bars, balls, kettle bells, storage racks,cables, ropes, straps, bands, belts, fitness steps, weight lifting equipment and benches, cardio machines, namely,rowing machines, stationary cycles; Boxing and martial art equipment, namely…

…and cannot be added to.

Trademark Snap Shot Amendment & Mail Processing Stylesheet(Table presents the data on Amendment & Mail Processing Complete)

OVERVIEW






PUB INFORMATION

RUN DATE 03/28/2018

PUB DATE N/A

STATUS 661-RESPONSE AFTER NON-FINAL-ACTION-ENTERED








DATE AMEND REG N/A

FILING BASIS


1 (a) NO 1 (a) NO 1 (a) NO

1 (b) YES 1 (b) YES 1 (b) NO



66A NO 66A NO


MARK DATA











GOODS AND SERVICES
















DESCRIPTION TEXT Fitness machines, namely, rowing machines, stair-stepping machines, resistancemachines, and exercise equipment, namely, exercise weights, dumbbells, exercisebars, exercise balls, kettle bells, and storage racks for the foregoing; exerciseequipment, namely, full body stretchers using cables, straps that are affixed to doorsfor performance of weight-resistance exercises, exercise bands, waist-trimmerexercise belts, weight lifting equipment, namely, exercise weights, bars and weightlifting benches; cardio machines, namely, rowing machines, stationary cycles,treadmills; boxing and martial-art equipment, namely, boxing gloves, boxing-traininggloves, boxing-bag gloves, heavy boxing bags, striking boxing bags and speedboxing bags, free-standing boxing bags, double-ended boxing bags, body forearmkick shields, weightlifting wrist supports, knee supports for athletic use, push up bars,pull up bars, handgrips for hand and forearm exercises, jump ropes, protectiveathletic cups, focus mitts, hand wraps being athletic equipment, boxing bag swivelmechanisms, speed boxing-bag platforms, heavy boxing-bag swivel mechanisms,heavy boxing-bag stands, boxing rings, boxing-ring safety ropes and corner pads,shin guards for athletic use, foot protectors for athletic use, rib protectors for athleticuse, medicine balls, trainer's athletic tape, hand and forearm pads for athletic useand reflex-punching boxing bags; inflatable punching bags and hand held units forplaying electronic games; wireless gaming headsets adapted for use in playing video

games; armbands specifically adapted for gaming apparatus






DESCRIPTION TEXT Providing fitness training consultation to individuals to help them make health,wellness and nutritional changes in their daily living to improve health


INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS



INTERNATIONALCLASS








PROSECUTION HISTORY
















Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

The table below presents the data as entered.

Input Field Entered

SERIAL NUMBER 87516423

LAW OFFICE ASSIGNED LAW OFFICE 113

MARK SECTION

MARK FILE NAME https://tmng-al.uspto.gov/resting2/api/img/87516423/large

LITERAL ELEMENT T

STANDARD CHARACTERS NO

USPTO-GENERATED IMAGE NO

GOODS AND/OR SERVICES SECTION (005)(no change)

GOODS AND/OR SERVICES SECTION (009)(current)


DESCRIPTION

Protective boxing helmets; sunglasses; scales, scales with body mass analyzers; bathroom scales; body fat scales for household use; digital

bathroom scales; weighing scales; weighing equipment, namely, scales and balances; headphones, earbuds, wireless headsets, armbands

specifically adapted for personal electronic devices

FILING BASIS Section 1(b)

GOODS AND/OR SERVICES SECTION (009)(proposed)


TRACKED TEXT DESCRIPTION


bathroom scales; weighing scales; weighing equipment, namely, scales and balances; headphones, earbuds, wireless headsets, armbands

specifically adapted for personal electronic devices; headphones, earbuds, wireless headsets for use with mobile telephones, armbands

specifically adapted for personal electronic devices, namely, mobile telephones and MP3 players; electronic publications, namely, exercise

manuals and product manuals concerning health, fitness and exercise, all recorded on computer media; mouth guards for athletic use; head

guards for sports

FINAL DESCRIPTION


bathroom scales; weighing scales; weighing equipment, namely, scales and balances; headphones, earbuds, wireless headsets for use with

mobile telephones, armbands specifically adapted for personal electronic devices, namely, mobile telephones and MP3 players; electronic

publications, namely, exercise manuals and product manuals concerning health, fitness and exercise, all recorded on computer media; mouth

guards for athletic use; head guards for sports




DESCRIPTION

Exercise manuals, printed instructional, educational, and teaching materials concerning health, fitness and exercise, and product manuals and

materials concerning health, fitness and exercise





Exercise manuals, printed instructional, educational, and teaching materials concerning health, fitness and exercise, and product manuals and

materials concerning health, fitness and exercise; Printed exercise manuals, printed instructional, educational, and teaching materials

concerning health, fitness and exercise, and printed product manuals and printed educational materials concerning health, fitness and exercise

FINAL DESCRIPTION

Printed exercise manuals, printed instructional, educational, and teaching materials concerning health, fitness and exercise, and printed product

manuals and printed educational materials concerning health, fitness and exercise







DESCRIPTION Exercise mats; yoga mats





Exercise mats; Gymnasium exercise mats; personal exercise mats; yoga mats

FINAL DESCRIPTION Gymnasium exercise mats; personal exercise mats; yoga mats




DESCRIPTION

Fitness machines and exercise equipment, namely, weights, dumbbells, bars, balls, kettle bells, storage racks, cables, ropes, straps, bands,

belts, fitness steps, weight lifting equipment and benches, cardio machines, namely, rowing machines, stationary cycles; Boxing and martial art

equipment, namely, boxing gloves, training gloves, bag gloves, heavy bags, striking and speed bags, free-standing bags, double-ended bags,

body shields, weightlifting wrist supports, knee supports, push up bars, pull up bars, handgrips, jump ropes, mouth guards, head gear, cup

protectors, focus mitts, hand wraps, boxing bag swivel mechanisms, speed bag platforms, heavy bag swivel mechanisms, speed bag platforms,

heavy bag stands, boxing rings, safety ropes and corner pads, shin guards, foot protectors, rib protectors, medicine balls, trainer's tape, hand

and forearm pads and reflex punching bags; Toys, inflatable punching bags and hand held electronic games





Fitness machines and exercise equipment, namely, weights, dumbbells, bars, balls, kettle bells, storage racks, cables, ropes, straps, bands,

belts, fitness steps, weight lifting equipment and benches, cardio machines, namely, rowing machines, stationary cycles; Fitness machines,

namely, rowing machines, stair-stepping machines, resistance machines, and exercise equipment, namely, exercise weights, dumbbells,

exercise bars, exercise balls, kettle bells, and storage racks for the foregoing; Boxing and martial art equipment, namely, boxing gloves,

training gloves, bag gloves, heavy bags, striking and speed bags, free-standing bags, double-ended bags, body shields, weightlifting wrist

supports, knee supports, push up bars, pull up bars, handgrips, jump ropes, mouth guards, head gear, cup protectors, focus mitts, hand wraps,

boxing bag swivel mechanisms, speed bag platforms, heavy bag swivel mechanisms, speed bag platforms, heavy bag stands, boxing rings,

safety ropes and corner pads, shin guards, foot protectors, rib protectors, medicine balls, trainer's tape, hand and forearm pads and reflex

punching bags; exercise equipment, namely, full body stretchers using cables, straps that are affixed to doors for performance of weight-

resistance exercises, exercise bands, waist-trimmer exercise belts, weight lifting equipment, namely, exercise weights, bars and weight lifting

benches; Toys, inflatable punching bags and hand held electronic games; cardio machines, namely, rowing machines, stationary cycles,

treadmills; boxing and martial-art equipment, namely, boxing gloves, boxing-training gloves, boxing-bag gloves, heavy boxing bags, striking

boxing bags and speed boxing bags, free-standing boxing bags, double-ended boxing bags, body forearm kick shields, weightlifting wrist

supports, knee supports for athletic use, push up bars, pull up bars, handgrips for hand and forearm exercises, jump ropes, protective athletic

cups, focus mitts, hand wraps being athletic equipment, boxing bag swivel mechanisms, speed boxing-bag platforms, heavy boxing-bag swivel

mechanisms, heavy boxing-bag stands, boxing rings, boxing-ring safety ropes and corner pads, shin guards for athletic use, foot protectors for

athletic use, rib protectors for athletic use, medicine balls, trainer's athletic tape, hand and forearm pads for athletic use and reflex-punching

boxing bags; inflatable punching bags and hand held units for playing electronic games; wireless gaming headsets adapted for use in playing

video games; armbands specifically adapted for gaming apparatus

FINAL DESCRIPTION

Fitness machines, namely, rowing machines, stair-stepping machines, resistance machines, and exercise equipment, namely, exercise weights,

dumbbells, exercise bars, exercise balls, kettle bells, and storage racks for the foregoing; exercise equipment, namely, full body stretchers

using cables, straps that are affixed to doors for performance of weight-resistance exercises, exercise bands, waist-trimmer exercise belts,

weight lifting equipment, namely, exercise weights, bars and weight lifting benches; cardio machines, namely, rowing machines, stationary

cycles, treadmills; boxing and martial-art equipment, namely, boxing gloves, boxing-training gloves, boxing-bag gloves, heavy boxing bags,

striking boxing bags and speed boxing bags, free-standing boxing bags, double-ended boxing bags, body forearm kick shields, weightlifting

wrist supports, knee supports for athletic use, push up bars, pull up bars, handgrips for hand and forearm exercises, jump ropes, protective

athletic cups, focus mitts, hand wraps being athletic equipment, boxing bag swivel mechanisms, speed boxing-bag platforms, heavy boxing-

bag swivel mechanisms, heavy boxing-bag stands, boxing rings, boxing-ring safety ropes and corner pads, shin guards for athletic use, foot

protectors for athletic use, rib protectors for athletic use, medicine balls, trainer's athletic tape, hand and forearm pads for athletic use and

reflex-punching boxing bags; inflatable punching bags and hand held units for playing electronic games; wireless gaming headsets adapted for

use in playing video games; armbands specifically adapted for gaming apparatus






DESCRIPTION

Providing assistance, fitness evaluation and consultation to individuals to help them make health, wellness and nutritional changes in their

daily living to improve health





Providing assistance, fitness evaluation and consultation to individuals to help them make health, wellness and nutritional changes in their

daily living to improve health; Providing fitness training consultation to individuals to help them make health, wellness and nutritional changes

in their daily living to improve health

FINAL DESCRIPTION

Providing fitness training consultation to individuals to help them make health, wellness and nutritional changes in their daily living to

improve health


SIGNATURE SECTION

RESPONSE SIGNATURE /kristina m. dimaggio/

SIGNATORY'S NAME Kristina M. DiMaggio

SIGNATORY'S POSITION Associate Attorney, NY bar member

DATE SIGNED 03/26/2018

AUTHORIZED SIGNATORY YES

FILING INFORMATION SECTION

SUBMIT DATE Mon Mar 26 13:51:42 EDT 2018

TEAS STAMP

USPTO/ROA-XX.XXX.XX.XXX-2

0180326135142887447-87516

423-510ba4dcf2eb9d672edbb

19af9246be106db5239e707ac

812fd25a66b361e71dc9-N/A-

N/A-20180326133317583410


OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87516423 T (Stylized and/or with Design, see https://tmng-al.uspto.gov/resting2/api/img/87516423/large) has been

amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:

Current: Class 009 for Protective boxing helmets; sunglasses; scales, scales with body mass analyzers; bathroom scales; body fat scales for

household use; digital bathroom scales; weighing scales; weighing equipment, namely, scales and balances; headphones, earbuds, wireless

headsets, armbands specifically adapted for personal electronic devices

Original Filing Basis:

Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a

bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a

collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a

bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with

the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the

applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in

connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the

mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification

standards of the applicant.

Proposed:

Tracked Text Description: Protective boxing helmets; sunglasses; scales, scales with body mass analyzers; bathroom scales; body fat scales for


headsets, armbands specifically adapted for personal electronic devices; headphones, earbuds, wireless headsets for use with mobile telephones,

armbands specifically adapted for personal electronic devices, namely, mobile telephones and MP3 players; electronic publications, namely,

exercise manuals and product manuals concerning health, fitness and exercise, all recorded on computer media; mouth guards for athletic use;

head guards for sports

Class 009 for Protective boxing helmets; sunglasses; scales, scales with body mass analyzers; bathroom scales; body fat scales for household use;

digital bathroom scales; weighing scales; weighing equipment, namely, scales and balances; headphones, earbuds, wireless headsets for use with

mobile telephones, armbands specifically adapted for personal electronic devices, namely, mobile telephones and MP3 players; electronic

publications, namely, exercise manuals and product manuals concerning health, fitness and exercise, all recorded on computer media; mouth

guards for athletic use; head guards for sports











Current: Class 016 for Exercise manuals, printed instructional, educational, and teaching materials concerning health, fitness and exercise, and

product manuals and materials concerning health, fitness and exercise











Proposed:

Tracked Text Description: Exercise manuals, printed instructional, educational, and teaching materials concerning health, fitness and exercise,

and product manuals and materials concerning health, fitness and exercise; Printed exercise manuals, printed instructional, educational, and

teaching materials concerning health, fitness and exercise, and printed product manuals and printed educational materials concerning health,

fitness and exercise

Class 016 for Printed exercise manuals, printed instructional, educational, and teaching materials concerning health, fitness and exercise, and

printed product manuals and printed educational materials concerning health, fitness and exercise











Current: Class 027 for Exercise mats; yoga mats











Proposed:

Tracked Text Description: Exercise mats; Gymnasium exercise mats; personal exercise mats; yoga mats

Class 027 for Gymnasium exercise mats; personal exercise mats; yoga mats











Current: Class 028 for Fitness machines and exercise equipment, namely, weights, dumbbells, bars, balls, kettle bells, storage racks, cables,

ropes, straps, bands, belts, fitness steps, weight lifting equipment and benches, cardio machines, namely, rowing machines, stationary cycles;

Boxing and martial art equipment, namely, boxing gloves, training gloves, bag gloves, heavy bags, striking and speed bags, free-standing bags,

double-ended bags, body shields, weightlifting wrist supports, knee supports, push up bars, pull up bars, handgrips, jump ropes, mouth guards,

head gear, cup protectors, focus mitts, hand wraps, boxing bag swivel mechanisms, speed bag platforms, heavy bag swivel mechanisms, speed

bag platforms, heavy bag stands, boxing rings, safety ropes and corner pads, shin guards, foot protectors, rib protectors, medicine balls, trainer's

tape, hand and forearm pads and reflex punching bags; Toys, inflatable punching bags and hand held electronic games











Proposed:

Tracked Text Description: Fitness machines and exercise equipment, namely, weights, dumbbells, bars, balls, kettle bells, storage racks, cables,

ropes, straps, bands, belts, fitness steps, weight lifting equipment and benches, cardio machines, namely, rowing machines, stationary cycles;

Fitness machines, namely, rowing machines, stair-stepping machines, resistance machines, and exercise equipment, namely, exercise weights,

dumbbells, exercise bars, exercise balls, kettle bells, and storage racks for the foregoing; Boxing and martial art equipment, namely, boxing

gloves, training gloves, bag gloves, heavy bags, striking and speed bags, free-standing bags, double-ended bags, body shields, weightlifting wrist

supports, knee supports, push up bars, pull up bars, handgrips, jump ropes, mouth guards, head gear, cup protectors, focus mitts, hand wraps,

boxing bag swivel mechanisms, speed bag platforms, heavy bag swivel mechanisms, speed bag platforms, heavy bag stands, boxing rings, safety

ropes and corner pads, shin guards, foot protectors, rib protectors, medicine balls, trainer's tape, hand and forearm pads and reflex punching bags;

exercise equipment, namely, full body stretchers using cables, straps that are affixed to doors for performance of weight-resistance exercises,

exercise bands, waist-trimmer exercise belts, weight lifting equipment, namely, exercise weights, bars and weight lifting benches; Toys,

inflatable punching bags and hand held electronic games; cardio machines, namely, rowing machines, stationary cycles, treadmills; boxing and

martial-art equipment, namely, boxing gloves, boxing-training gloves, boxing-bag gloves, heavy boxing bags, striking boxing bags and speed

boxing bags, free-standing boxing bags, double-ended boxing bags, body forearm kick shields, weightlifting wrist supports, knee supports for

athletic use, push up bars, pull up bars, handgrips for hand and forearm exercises, jump ropes, protective athletic cups, focus mitts, hand wraps

being athletic equipment, boxing bag swivel mechanisms, speed boxing-bag platforms, heavy boxing-bag swivel mechanisms, heavy boxing-bag

stands, boxing rings, boxing-ring safety ropes and corner pads, shin guards for athletic use, foot protectors for athletic use, rib protectors for

athletic use, medicine balls, trainer's athletic tape, hand and forearm pads for athletic use and reflex-punching boxing bags; inflatable punching

bags and hand held units for playing electronic games; wireless gaming headsets adapted for use in playing video games; armbands specifically

adapted for gaming apparatus

Class 028 for Fitness machines, namely, rowing machines, stair-stepping machines, resistance machines, and exercise equipment, namely,

exercise weights, dumbbells, exercise bars, exercise balls, kettle bells, and storage racks for the foregoing; exercise equipment, namely, full body

stretchers using cables, straps that are affixed to doors for performance of weight-resistance exercises, exercise bands, waist-trimmer exercise

belts, weight lifting equipment, namely, exercise weights, bars and weight lifting benches; cardio machines, namely, rowing machines, stationary

cycles, treadmills; boxing and martial-art equipment, namely, boxing gloves, boxing-training gloves, boxing-bag gloves, heavy boxing bags,

striking boxing bags and speed boxing bags, free-standing boxing bags, double-ended boxing bags, body forearm kick shields, weightlifting wrist

supports, knee supports for athletic use, push up bars, pull up bars, handgrips for hand and forearm exercises, jump ropes, protective athletic

cups, focus mitts, hand wraps being athletic equipment, boxing bag swivel mechanisms, speed boxing-bag platforms, heavy boxing-bag swivel

mechanisms, heavy boxing-bag stands, boxing rings, boxing-ring safety ropes and corner pads, shin guards for athletic use, foot protectors for

athletic use, rib protectors for athletic use, medicine balls, trainer's athletic tape, hand and forearm pads for athletic use and reflex-punching

boxing bags; inflatable punching bags and hand held units for playing electronic games; wireless gaming headsets adapted for use in playing

video games; armbands specifically adapted for gaming apparatus











Current: Class 044 for Providing assistance, fitness evaluation and consultation to individuals to help them make health, wellness and nutritional

changes in their daily living to improve health











Proposed:

Tracked Text Description: Providing assistance, fitness evaluation and consultation to individuals to help them make health, wellness and

nutritional changes in their daily living to improve health; Providing fitness training consultation to individuals to help them make health,

wellness and nutritional changes in their daily living to improve health

Class 044 for Providing fitness training consultation to individuals to help them make health, wellness and nutritional changes in their daily

living to improve health










SIGNATURE(S)

Response Signature

Signature: /kristina m. dimaggio/ Date: 03/26/2018

Signatory's Name: Kristina M. DiMaggio

Signatory's Position: Associate Attorney, NY bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which

includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney

or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent

not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is

concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior

representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's

appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Serial Number: 87516423

Internet Transmission Date: Mon Mar 26 13:51:42 EDT 2018

TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2018032613514288

7447-87516423-510ba4dcf2eb9d672edbb19af9

246be106db5239e707ac812fd25a66b361e71dc9

-N/A-N/A-20180326133317583410



Sent: 10/4/2017 6:58:52 PM


Attachments:


OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION

SERIAL NO. 87516423

MARK: T

*87516423*CORRESPONDENT

ADDRESS:

DALE PAUL

DIMAGGIO

MALIN HALEY

DIMAGGIO & BOWEN,

P.A.

4901 NW 17TH

WAY, SUITE 308

FORT

LAUDERDALE, FL

33309

CLICK HERE TO RESPOND TO THIS

LETTER:

http://www.uspto.gov/trademarks/teas/response_forms.jsp

VIEW YOUR APPLICATION FILE

APPLICANT: Technical

Knockout, Inc.

CORRESPONDENT’S

REFERENCE/DOCKET

NO:

9530.47196

CORRESPONDENT E-

MAIL ADDRESS:

[email protected]

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTERTO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S

COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE

TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE

MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.




ISSUE/MAILING DATE: 10/4/2017

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL

REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online

using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office

actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)

agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b);

TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125

per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS

Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring

this additional fee.

The referenced application has been reviewed by the assigned trademark examining attorney. The applicant must respond timely and completely

to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

• Search of Office records.

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that

would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

1. Identification of goods/services.

An application’s identification of goods/services must be specific, definite, clear, accurate and concise. See In re Societe Generale des Eaux

Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986), rev'd on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); Procter &

Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972), modified without opinion, 498 F.2d 1406, 181 USPQ 722 (C.C.P.A.

1974); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966); California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of

America, Inc., 102 USPQ 321 (Comm'r Pats. 1954); Ex parte A.C. Gilbert Co., 99 USPQ 344 (Comm'r Pats. 1953); TMEP §1402.01.

In the instant case, the identification of goods/services is unacceptable as containing indefinite and overbroad wording. Specifically, “wireless

headsets” and “armbands specifically adapted for personal electronic devices” must specify the devices for which they are used and classify

accordingly (Class 28 if gaming apparatus); “materials concerning health, fitness and exercise” must specify the type of materials, and all

iterations of “manual” should indicate whether printed (Class 16) or electronic (Class 9) or both; “exercise mats” should specify gymnasium or

personal or both; “fitness machines” must be listed individually by common commercial name; “storage racks” must indicate the physical

fitness equipment to which they are adapted, or else be reclassified to Class 20; per this Office’s ID Manual:

10 020 Storage racks A 02 Apr

91

G Y[1]

16 028 Storage racks for physical fitness equipment, namely, {specify type of Class 28 physical fitness equipment, e.g.,

sport balls, dumbbells, exercise weights, kettle bells, etc.}

A 31 Jan

13

G Y[2]

The applicant must make further clarifications to its Class 28 goods as indicated below (and “mouth guards” [3] and “head gear” [4] must be

reclassified into Class 9). Finally, the applicant must clarify its “providing assistance, fitness evaluation and consultation to individuals to help

them make health, wellness and nutritional changes in their daily living to improve health” to identify cognizable services (particularly in Class

44); see below. Accordingly, the applicant must clarify along the lines indicated below. The applicant may adopt the following identification (to

the extent accurate):

Class 5—vitamins, mineral supplements, food supplements and nutritional supplements

Class 9—protective boxing helmets; sunglasses; scales, scales with body mass analyzers; bathroom scales; body fat scales for

household use; digital bathroom scales; weighing scales; weighing equipment, namely, scales and balances; headphones, earbuds,

wireless headsets for use with [specify, e.g., computers or mobile telephones or virtual reality games], armbands specifically

adapted for personal electronic devices, namely [indicate specific device, e.g., mobile telephones or MP3 players]; electronic

publications, namely exercise manuals and product manuals concerning health, fitness and exercise, all recorded on

computer media; mouth guards for athletic use; head guards for sports

Class 16—printed exercise manuals, printed instructional, educational, and teaching materials concerning health, fitness and

exercise, and printed product manuals and printed educational materials concerning health, fitness and exercise

Class 18—luggage; all purpose sports bags, backpacks and waistpacks

Class 21—water bottles sold empty; reusable stainless steel water bottles sold empty; thermal insulated containers for food and

http://atlas/netacgi/nph-brs?sect2=THESOFF&sect3=PLURON&s1=storage+racks+AND+(A%5BST%5D+OR+M%5BST%5D+OR+X%5BST%5D)&l=MAX&sect1=IDMLICON&sect4=HITOFF&op1=AND&d=TIDM&p=1&u=%2Fnetahtml%2Ftidm.html&r=10&f=G

../#_ftn1

http://atlas/netacgi/nph-brs?sect2=THESOFF&sect3=PLURON&s1=storage+racks+AND+(A%5BST%5D+OR+M%5BST%5D+OR+X%5BST%5D)&l=MAX&sect1=IDMLICON&sect4=HITOFF&op1=AND&d=TIDM&p=1&u=%2Fnetahtml%2Ftidm.html&r=16&f=G

../#_ftn2

../#_ftn3

../#_ftn4

beverages

Class 25—athletic and exercise sportswear, namely, men's, women's, and children's swimwear, jeans, leather jackets, and collared

sports shirts; active wear for men and women, namely, boxer shorts, bicycle shorts, gym shorts, pants, pullovers, short sleeve

shirts, sweatshirts, sweat shorts, sweat pants, sweat suits, t-shirts, tank tops, warm-up suits; athletic footwear and headwear

Class 27—[specify gymnasium or personal] exercise mats; yoga mats

Class 28—fitness machines, namely [specify, e.g., rowing machines, stair-stepping machines, resistance machines], and

exercise equipment, namely, exercise weights, dumbbells, exercise bars, exercise balls, kettle bells, and storage racks [specify

for the foregoing or for physical fitness equipment, namely [specify type of Class 28 physical fitness equipment, e.g., sport

balls, dumbbells, exercise weights, and kettle bells]; exercise equipment, namely [specify, e.g., shoulder stretchers using]

cables, jump ropes, straps that [specify, e.g., are affixed to [specify, e.g., doors, cable machines, or exercise equipment] for

performance of weight-resistance exercises], exercise bands, waist-trimmer exercise belts, fitness machines featuring stair

steps, weight lifting equipment, namely [specify, e.g., bars], and weight lifting benches; cardio machines, namely, rowing

machines, stationary cycles; boxing and martial-art equipment, namely, boxing gloves, boxing-training gloves, boxing-bag

gloves, heavy boxing bags, striking boxing bags and speed boxing bags, free-standing boxing bags, double-ended boxing bags,

body forearm kick shields, weightlifting wrist supports, knee supports for athletic use, push up bars, pull up bars, handgrips for

[type of specify sports equipment], jump ropes, protective athletic cups, [specify, e.g., taekwondo] focus mitts, hand wraps

being athletic equipment, boxing bag swivel mechanisms, speed boxing-bag platforms, heavy boxing-bag swivel mechanisms,

[duplicate]speed bag platforms, heavy boxing-bag stands, boxing rings, boxing-ring safety ropes and corner pads, shin guards

for athletic use, foot protectors for athletic use, rib protectors for athletic use, medicine balls, trainer's athletic tape, hand and

forearm pads for athletic use and reflex-punching boxing bags; toys, namely [specify individually by common commercial

name]; inflatable punching bags, and hand held units for playing electronic games; wireless gaming headsets adapted for use

in playing video games; armbands specifically adapted for gaming apparatus

Class 20—storage racks

Class 32—sports drinks

Class 41—conducting fitness classes; health club services, namely, providing instruction and equipment in the field of physical

exercise; personal fitness training services and consultancy; providing fitness and exercise facilities; yoga instruction

Class 44[5]—providing medical testing of fitness and medical consultation to individuals to help them make health, wellness

and nutritional changes in their daily living to improve health

An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the scope

of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S.

Acceptable Identification of Goods and Services Manual at https://tmidm.uspto.gov. See TMEP §1402.04.

2. Fee.

The application identifies goods and/or services that are classified in at least 12 classes; however, the applicant’s current fee structure is

sufficient for only 11 classes. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1403.01.

Therefore, the applicant must either restrict the application to the number of classes covered by the fees already paid, or submit the fees for each

additional class.

If the applicant prosecutes this application as a more-than-11–, rather than as an 11-, class application, then the applicant must comply with both

of the requirements below for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b) or a

foreign registration under Trademark Act Section 44(e) or both:

(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest

numbered class.

(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule at

http://www.uspto.gov/trademarks/tm_fee_info.jsp).

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

For an overview of the requirements for a multiple-class application based on Section 1(b) or Section 44 or both, and how to satisfy the

requirements online using the Trademark Electronic Application System (TEAS) form, the applicant should visit

http://www.uspto.gov/trademarks/law/multiclass.jsp.

• Responding to this Office Action.

To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic

../#_ftn5

https://tmidm.uspto.gov/

http://www.uspto.gov/trademarks/law/multiclass.jsp


http://www.uspto.gov/trademarks/tm_fee_info.jsp


Application System (TEAS), which is available at http://www.uspto.gov/trademarks/teas/index.jsp. If applicant has technical questions about the

TEAS response to Office action form, applicant can review the electronic filing tips available online at

http://www.uspto.gov/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to [email protected].

Unless the applicant (1) filed its application with TEAS-Plus status and (2) wishes to avoid incurring a $50-per-class fee (in which case, see

immediately preceding paragraph regarding TEAS), there is no required format or form for responding to an Office Action. However, the Office

recommends that applicants use TEAS to respond to Office Actions.

If the applicant responds on paper via regular mail, the response should include the title “Response to Office Action” and the following

information: (1) the name and law office number of the examining attorney, (2) the serial number and filing date of the application, (3) the date

of issuance of this Office Action, (4) the applicant’s name, address, telephone number, and e-mail address (if applicable), and (5) the mark. 37

C.F.R. §2.194(b)(1); TMEP §302.03(a).

For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action.

If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should

register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to

requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the

application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C.

§1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to

respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow

the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6,

2.66(b)(1).

The response must be signed by the individual applicant or by a person with legal authority to bind a juristic applicant (e.g., a corporate officer,

the equivalent of an officer for unincorporated organizations or limited liability companies, a general partner). See TMEP §§611.03(b), 611.06 et

seq., 712.01. In the case of joint applicants, all should sign. TMEP §611.06(a). The proper signatory must personally sign or manually enter

his/her electronic signature. TMEP §§611.01(b), 611.02.

/J. Brendan Regan/

Examining Attorney

Law Office 113

571/272-9212

[email protected]

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the

issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.

For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned

trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to

this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an

applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the

response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official

notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at

http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the

Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking

status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.

http://www.uspto.gov/trademarks/teas/index.jsp

http://www.uspto.gov/trademarks/teas/e_filing_tips.jsp






http://www.uspto.gov/trademarks/process/status/

http://www.uspto.gov/trademarks/teas/correspondence.jsp

[1] “ This refers to general purpose storage racks - they are not specially adapted for holding particular goods. Storage racks adapted for particular goods are in the

classes of the goods held, e.g., CD storage racks in Class 9, storage racks for athletic equipment in Class 28.”[2] “ This entry covers storage racks that are specially adapted for physical fitness equipment that is classified in Class 28, such as sport balls, dumbbells, exercise

weights, and kettle bells. Certain goods used in connection with sports are classified in classes other than Class 28, such as sports goggles and sports helmets in Class

9 and athletic uniforms in Class 25. Storage racks specially adapted for goods in classes other than 28 are generally classified according to the goods specified.

However, storage racks in the nature of furniture (not specially adapted for other goods) are in Class 20.”[3] “Under Nice 10-2016, mouth guards for sports and head guards for sports are classified in Class 9 because they protect against serious injury and are analogous to

the wording ‘life-saving apparatus and instruments’ in the Class 9 Heading.”[4] “01-01-2016: ‘Head guards for sports’ and ‘Mouth guards for sports’ were added to the Nice Alphabetical List in Class 9 under the Nice Classification, Tenth

edition, version 2016, effective 01-01-2016. Under Nice 10-2016, mouth guards for sports and head guards for sports are classified in Class 9 because they protect

against serious injury and are analogous to the wording ‘life-saving apparatus and instruments’ in the Class 9 Heading.”[5] Per this Office’s ID Manual, “On 07-02-2015, th[e] 04-05-2007 entry, ‘Providing assistance, fitness evaluation and consultation to corporate clients to help their

employees make health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs,’ was modified to the current

wording [‘Promoting awareness of the benefits of making health, wellness and nutritional changes in daily living to enable businesses to increase productivity and

lower health care costs’] to make clear the nature of the activities provided and the justification for classification in Class 35.”

../#_ftnref1

../#_ftnref2

../#_ftnref3

../#_ftnref4

../#_ftnref5



Sent: 10/4/2017 6:58:54 PM


Attachments:


IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 10/4/2017 FOR U.S. APPLICATION SERIAL NO. 87516423

Please follow the instructions below:

(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on

“Documents.”

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24

hours of this e-mail notification.

(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicable

response time period. Your response deadline will be calculated from 10/4/2017 (or sooner if specified in the Office action). A response

transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the

response period. For information regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as

responses to Office actions. Instead, the USPTO recommends that you respond online using the TEAS response form located at

http://www.uspto.gov/trademarks/teas/response_forms.jsp.

(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For

technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail

[email protected].

WARNING

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For

more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are

using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that


http://tsdr.uspto.gov/view.action?sn=87516423&type=OOA&date=20171004#tdrlink


http://www.uspto.gov/trademarks/process/status/responsetime.jsp



http://www.uspto.gov/trademarks/basics/abandon.jsp

closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay

“fees.”

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document

from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States

Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle

private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.

http://www.uspto.gov/trademarks/solicitation_warnings.jsp

*** User:bregan ***

# Total Dead Live Live Status/ Search

Marks Marks Viewed Viewed Search

Docs Images Duration

01 1 0 1 1 0:01 87516423

02 41323 N/A 0 0 0:01 "t"[bi,ti]

03 2160 N/A 0 0 0:02 "t"[fm]

04 107438 N/A 0 0 0:01 261709[DC]

05 319 0 3 319 0:01 4 and 2 not dead[ld]

06 49958 N/A 0 0 0:01 (270301)[dc]

07 289 0 3 289 0:01 6 and 2 not dead[ld]

08 3448 N/A 0 0 0:01 6 and 4 not dead[ld]

09 580 0 4 580 0:02 3 not dead[ld] and ("200" a b "005" "009" "016" "018" "021" "025" "027" "028" "032" "041" "044" "042")[ic]

10 1997 N/A 0 0 0:02 8 not dead[ld] and ("200" a b "005" "009" "016" "018" "021" "025" "027" "028" "032" "041" "044" "042")[ic]

11 6929 N/A 0 0 0:02 2 not dead[ld] and ("200" a b "005" "009" "016" "018" "021" "025" "027" "028" "032" "041" "044" "042")[ic] not 3

12 0 0 0 0 0:01 3 not dead[ld] and ("200" a b "005" "009" "016" "018" "021" "025" "027" "028" "032" "041" "044" "042")[cc] not 3

13 297 0 2 297 0:01 3 not dead[ld] and ("200" a b "005" "009" "016" "018" "021" "025" "027" "028" "032" "041" "044" "042")[cc] not 9

14 108 0 2 108 0:01 3 not dead[ld] not (9 13)

Session started 10/3/2017 9:57:09 PM

Session finished 10/3/2017 10:12:20 PM

Total search duration 0 minutes 18 seconds

Session duration 15 minutes 11 seconds

Defaut NEAR limit=1ADJ limit=1

Sent to TICRS as Serial Number: 87516423

From: TMDesignCodeComments

Sent: Thursday, July 13, 2017 00:23 AM


Subject: Official USPTO Notice of Design Search Code and Pseudo Mark: U.S. Trademark SN: 87516423: T (Stylized/Design): Docket/Reference No.9530.47196

Docket/Reference Number: 9530.47196

The USPTO has assigned design search codes to your application (U.S. serial number: 87516423).

Design search codes assigned to your application:

26.17.09 - Bands, curved26.17.09 - Bars, curved26.17.09 - Curved line(s), band(s) or bar(s)26.17.09 - Lines, curved27.03.01 - Geometric figures forming letters, numerals or punctuation

If you would like to request that we add or delete a design search code, please email [email protected]. Include your name, application serial number,a list of design search codes you would like to add or delete, and a brief justification. We will process your request within two business days. If we approve your request, theupdated list of design search codes will appear in our Trademark Status and Document Retrieval (TSDR) database, accessible at https://tsdr.uspto.gov/, under the "MarkInformation" tab.

Design search codes are numerical codes we assign to the prominent features of your mark's design. We call these features "design elements." A design element can be anycomponent of your mark that is not a word, such as a depiction of a star or a flower. Assigning design search codes to your mark helps us more effectively search our databasefor marks that may conflict with yours. Design search codes have no legal significance and will not appear on the registration certificate.

For more information about design search codes, including why and how we use them and information on adding or deleting design search codes from your application, pleasevisit our design search code webpage at http://www.uspto.gov/DesignSearchCodes. For a list of design search codes, see the design search code manual athttp://tess2.uspto.gov/tmdb/dscm/index.htm.

For questions, please call 1-800-786-9199 (option 1) to speak to a Customer Service representative in the Trademark Assistance Center. Please visithttp://www.uspto.gov/TrademarkAssistance for additional information about the Trademark Assistance Center.

This notice will be available in TSDR in one business day.


https://tsdr.uspto.gov/

http://www.uspto.gov/DesignSearchCodes

http://tess2.uspto.gov/tmdb/dscm/index.htm

http://www.uspto.gov/TrademarkAssistance


OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register


Filing Date: 07/05/2017

The table below presents the data as entered.

Input Field Entered

SERIAL NUMBER 87516423

MARK INFORMATION

*MARK\\TICRS\EXPORT17\IMAGEOUT

17\875\164\87516423\xml1\ RFA0002.JPG

SPECIAL FORM YES

USPTO-GENERATED IMAGE NO

COLOR MARK NO

*DESCRIPTION OF THE MARK

(and Color Location, if applicable)The mark consists of an artistic and stylized "T".

PIXEL COUNT ACCEPTABLE YES

PIXEL COUNT 574 x 364

REGISTER Principal

APPLICANT INFORMATION

*OWNER OF MARK Technical Knockout, Inc.

*STREET 4660 Pine Timbers, Suite 198

*CITY Houston

*STATE

(Required for U.S. applicants)Texas

*COUNTRY United States

*ZIP/POSTAL CODE

(Required for U.S. and certain international addresses)77041

LEGAL ENTITY INFORMATION

TYPE corporation

STATE/COUNTRY OF INCORPORATION Delaware

GOODS AND/OR SERVICES AND BASIS INFORMATION


*IDENTIFICATION

Protective boxing helmets; sunglasses; scales, scales with body

mass analyzers; bathroom scales; body fat scales for household

use; digital bathroom scales; weighing scales; weighing

equipment, namely, scales and balances; headphones, earbuds,

wireless headsets, armbands specifically adapted for personal

electronic devices

FILING BASIS SECTION 1(b)

INTERNATIONAL CLASS

../RFA0002.JPG

../RFA0002.JPG


*IDENTIFICATION

Exercise manuals, printed instructional, educational, and

teaching materials concerning health, fitness and exercise, and

product manuals and materials concerning health, fitness and

exercise



*IDENTIFICATION Luggage; all purpose sports bags, backpacks and waistpacks



*IDENTIFICATIONVitamins, mineral supplements, food supplements and

nutritional supplements



*IDENTIFICATION

Water bottles sold empty; reusable stainless steel water bottles

sold empty; thermal insulated containers for food and

beverages



*IDENTIFICATION

Athletic and exercise sportswear, namely, men's, women's, and

children's swimwear, jeans, leather jackets, and collared sports

shirts; Active wear for men and women, namely, boxer shorts,

bicycle shorts, gym shorts, pants, pullovers, short sleeve shirts,

sweatshirts, sweat shorts, sweat pants, sweat suits, t-shirts, tank

tops, warm-up suits; Athletic footwear and headwear



*IDENTIFICATION Exercise mats; yoga mats



*IDENTIFICATION

Fitness machines and exercise equipment, namely, weights,

dumbbells, bars, balls, kettle bells, storage racks, cables, ropes,

straps, bands, belts, fitness steps, weight lifting equipment and

benches, cardio machines, namely, rowing machines,

stationary cycles; Boxing and martial art equipment, namely,

boxing gloves, training gloves, bag gloves, heavy bags, striking

and speed bags, free-standing bags, double-ended bags, body

shields, weightlifting wrist supports, knee supports, push up

bars, pull up bars, handgrips, jump ropes, mouth guards, head

gear, cup protectors, focus mitts, hand wraps, boxing bag

swivel mechanisms, speed bag platforms, heavy bag swivel

mechanisms, speed bag platforms, heavy bag stands, boxing

rings, safety ropes and corner pads, shin guards, foot

protectors, rib protectors, medicine balls, trainer's tape, hand

and forearm pads and reflex punching bags; Toys, inflatable

punching bags and hand held electronic games



*IDENTIFICATION sports drinks



*IDENTIFICATION

Conducting fitness classes; health club services, namely,

providing instruction and equipment in the field of physical

exercise; Personal fitness training services and consultancy;

Providing fitness and exercise facilities; yoga instruction



*IDENTIFICATION

Providing assistance, fitness evaluation and consultation to

individuals to help them make health, wellness and nutritional

changes in their daily living to improve health


ATTORNEY INFORMATION

NAME Dale Paul DiMaggio

ATTORNEY DOCKET NUMBER 9530.47196

FIRM NAME Malin Haley DiMaggio & Bowen, P.A.

STREET 4901 NW 17th Way, Suite 308

CITY Fort Lauderdale

STATE Florida

COUNTRY United States

ZIP/POSTAL CODE 33309

PHONE 954-763-3303

EMAIL ADDRESS [email protected]

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

OTHER APPOINTED ATTORNEY Kristina M. DiMaggio

CORRESPONDENCE INFORMATION

NAME Dale Paul DiMaggio

FIRM NAME Malin Haley DiMaggio & Bowen, P.A.

STREET 4901 NW 17th Way, Suite 308

CITY Fort Lauderdale

STATE Florida

COUNTRY United States

ZIP/POSTAL CODE 33309

PHONE 954-763-3303

*EMAIL ADDRESS [email protected]

*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

FEE INFORMATION

APPLICATION FILING OPTION TEAS RF

NUMBER OF CLASSES 11

APPLICATION FOR REGISTRATION PER CLASS 275

*TOTAL FEE DUE 3025

*TOTAL FEE PAID 3025

SIGNATURE INFORMATION

SIGNATURE /dale paul dimaggio/

SIGNATORY'S NAME Dale Paul DiMaggio

SIGNATORY'S POSITION Attorney of Record, FL bar member

DATE SIGNED 07/05/2017


OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register


Filing Date: 07/05/2017

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)

The applicant is not claiming color as a feature of the mark. The mark consists of an artistic and stylized "T".

The applicant, Technical Knockout, Inc., a corporation of Delaware, having an address of

4660 Pine Timbers, Suite 198

Houston, Texas 77041

United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register

established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 009: Protective boxing helmets; sunglasses; scales, scales with body mass analyzers; bathroom scales; body fat scales for


headsets, armbands specifically adapted for personal electronic devices

Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified

goods/services.

International Class 016: Exercise manuals, printed instructional, educational, and teaching materials concerning health, fitness and exercise,

and product manuals and materials concerning health, fitness and exercise


goods/services.

International Class 018: Luggage; all purpose sports bags, backpacks and waistpacks


goods/services.

International Class 005: Vitamins, mineral supplements, food supplements and nutritional supplements


goods/services.

International Class 021: Water bottles sold empty; reusable stainless steel water bottles sold empty; thermal insulated containers for food

and beverages


goods/services.

International Class 025: Athletic and exercise sportswear, namely, men's, women's, and children's swimwear, jeans, leather jackets, and

collared sports shirts; Active wear for men and women, namely, boxer shorts, bicycle shorts, gym shorts, pants, pullovers, short sleeve shirts,

sweatshirts, sweat shorts, sweat pants, sweat suits, t-shirts, tank tops, warm-up suits; Athletic footwear and headwear


goods/services.

International Class 027: Exercise mats; yoga mats


goods/services.

International Class 028: Fitness machines and exercise equipment, namely, weights, dumbbells, bars, balls, kettle bells, storage racks,

cables, ropes, straps, bands, belts, fitness steps, weight lifting equipment and benches, cardio machines, namely, rowing machines, stationary

cycles; Boxing and martial art equipment, namely, boxing gloves, training gloves, bag gloves, heavy bags, striking and speed bags, free-standing

bags, double-ended bags, body shields, weightlifting wrist supports, knee supports, push up bars, pull up bars, handgrips, jump ropes, mouth

guards, head gear, cup protectors, focus mitts, hand wraps, boxing bag swivel mechanisms, speed bag platforms, heavy bag swivel mechanisms,

../RFA0002.JPG')

speed bag platforms, heavy bag stands, boxing rings, safety ropes and corner pads, shin guards, foot protectors, rib protectors, medicine balls,

trainer's tape, hand and forearm pads and reflex punching bags; Toys, inflatable punching bags and hand held electronic games


goods/services.

International Class 032: sports drinks


goods/services.

International Class 041: Conducting fitness classes; health club services, namely, providing instruction and equipment in the field of

physical exercise; Personal fitness training services and consultancy; Providing fitness and exercise facilities; yoga instruction


goods/services.

International Class 044: Providing assistance, fitness evaluation and consultation to individuals to help them make health, wellness and

nutritional changes in their daily living to improve health


goods/services.

The applicant's current Attorney Information:

Dale Paul DiMaggio and Kristina M. DiMaggio of Malin Haley DiMaggio & Bowen, P.A. 4901 NW 17th Way, Suite 308

Fort Lauderdale, Florida 33309

United States

954-763-3303(phone)

[email protected] (authorized)

The attorney docket/reference number is 9530.47196.

The applicant's current Correspondence Information:

Dale Paul DiMaggio

Malin Haley DiMaggio & Bowen, P.A.

4901 NW 17th Way, Suite 308

Fort Lauderdale, Florida 33309

954-763-3303(phone)

[email protected] (authorized)

E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's

attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address

must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the

Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to

submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $3025 has been submitted with the application, representing payment for 11 class(es).

Declaration

Basis:

If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):

The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;

The mark is in use in commerce on or in connection with the goods/services in the application;

The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and

To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.

And/Or

If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),

and/or § 1126(e):

The signatory believes that the applicant is entitled to use the mark in commerce;

The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the

application; and

To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.

To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the

mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the

goods/services of such other persons, to cause confusion or mistake, or to deceive.

To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the

allegations and other factual contentions made above have evidentiary support.

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §

1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration

resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and

belief are believed to be true.

Declaration Signature

Signature: /dale paul dimaggio/ Date: 07/05/2017

Signatory's Name: Dale Paul DiMaggio

Signatory's Position: Attorney of Record, FL bar member

Payment Sale Number: 87516423

Payment Accounting Date: 07/06/2017


Internet Transmission Date: Wed Jul 05 15:02:52 EDT 2017

TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2017070515025224

7988-87516423-590c495bf317fc5cbad78e3611

f5a5eae5729994d6b5ef9ae78a33a9d6a9722c-D

A-1426-20170705145946202645

United States Patent and Trademark Office

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Record 1 out of 1

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Word Mark TKO

Goods and Services

IC 025. US 022 039. G & S: active wear for men and women, namely, [ boxer shorts, bicycle shorts, ] gym shorts, pants, pullovers, short shirts, sweat pants, sweat shirts, sweat shorts, sweat suits, t-shirts, tank tops, warm-up suits. FIRST USE: 20001100. FIRST USE IN COMMERCE: 20001100

Mark Drawing Code

(1) TYPED DRAWING

Trademark Search Facility Classification Code

LETTER-3-OR-MORE TKO Combination of three or more letters as part of the mark

Serial Number 78195757

Filing Date December 18, 2002

Current Basis 1A

Original Filing Basis

1A

Published for Opposition

August 12, 2008

Registration Number

3524178

Registration Date

October 28, 2008

Owner (REGISTRANT) TECHNICAL KNOCKOUT, INC. CORPORATION DELAWARE 4660 Pine Timbers, Suite 198 HOUSTON TEXAS 77041

Assignment Recorded

ASSIGNMENT RECORDED

Attorney of Record

Dale Paul DiMaggio

Prior Registrations

2890665

Type of Mark TRADEMARK

Register PRINCIPAL

Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20190603.

Page 1 of 2Trademark Electronic Search System (TESS)

8/28/2019http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:9ghm61.2.1

Renewal 1ST RENEWAL 20190603

Live/Dead Indicator

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Record 1 out of 1


Word Mark TKO

Goods and Services

IC 018. US 001 002 003 022 041. G & S: luggage used in the field of boxing and martial arts, namely, all-purpose sports bags, backpacks and waistpacks. FIRST USE: 20000100. FIRST USE IN COMMERCE: 20000100

IC 025. US 022 039. G & S: athletic footwear and athletic head wear in the field of boxing and martial arts. FIRST USE: 19940600. FIRST USE IN COMMERCE: 19940600

Mark Drawing Code

(1) TYPED DRAWING


Filing Date February 10, 1997

Current Basis 1A


1B


December 29, 1998

Registration Number

2383541

Registration Date

September 5, 2000

Owner (REGISTRANT) TECHNICAL KNOCKOUT, INC. CORPORATION FLORIDA 10018 SPANISH ISLES BLVD. SUITE A-15 BOCA RATON FLORIDA 33498

(LAST LISTED OWNER) TECHNICAL KNOCKOUT, INC. CORPORATION DELAWARE 7354 DENNY ROAD, SUITE 100 HOUSTON TEXAS 77040

Assignment Recorded

ASSIGNMENT RECORDED

DALE PAUL DIMAGGIO



Attorney of Record


Register PRINCIPAL



Live/Dead Indicator

LIVE









Record 1 out of 1


Word Mark TKO

Goods and Services

IC 009. US 021 023 026 036 038. G & S: protective boxing helmets. FIRST USE: 19940115. FIRST USE IN COMMERCE: 19940115

IC 027. US 019 020 037 042 050. G & S: exercise mats; yoga mats. FIRST USE: 19940115. FIRST USE IN COMMERCE: 19940115

IC 028. US 022 023 038 050. G & S: Boxing and martial art equipment, namely, boxing gloves, training gloves, bag gloves, heavy bags, striking and speed bags, free-standing bags, double-ended bags, body shields, weightlifting wrist supports, knee supports, push up bars, pull up bars, handgrips, jump ropes, mouth guards, head gear, cup protectors, focus mitts, hand wraps, boxing bag swivel mechanisms, speed bag platforms, heavy bag swivel mechanisms, speed bag platforms, heavy bag stands, boxing rings, safety ropes and corner pads, shin guards, foot protectors, rib protectors, medicine balls, trainer's tape, hand and forearm pads and reflex punching bags; toy and juvenile boxing and martial art equipment, namely, boxing gloves, training gloves, heavy bags, striking and speed bags, jump ropes, mouth guards, head gear, cup protectors, focus mitts, hand wraps, boxing bag swivel mechanisms, speed bags, speed bag platforms, heavy bag stands, reflex punching bags, hand wraps, shin guards, foot protectors, rib protectors, hand and forearm pads, inflatable punching bags and bag gloves; sporting goods and related merchandise, namely, weight lifting belts, support belts, practice fitness boxing gloves, and martial art hand and foot protectors; and toy and juvenile sporting goods, namely, weight lifting belts, practice fitness boxing gloves, and martial art hand and foot protectors, weight sets, weight plates, dumbbells, weight bars, ankle and wrist weights. FIRST USE: 19940115. FIRST USE IN COMMERCE: 19940115

Mark Drawing Code

(1) TYPED DRAWING

Serial Number

76353353

Filing Date December 28, 2001

Current Basis 1A




1A


December 3, 2002

Registration Number

2690394

Registration Date

February 25, 2003

Owner (REGISTRANT) Technical Knockout, Inc. CORPORATION DELAWARE 4660 Pine Timbers, Suite 198 Houston TEXAS 77041

Attorney of Record

Dale Paul DiMaggio

Prior Registrations

2016016;2029087;2364844;2383541;AND OTHERS


Register PRINCIPAL



Live/Dead Indicator

LIVE









Start List At: OR Jump to record: Record 7 out of 45


Word Mark TKO

Goods and Services

IC 021. US 002 013 023 029 030 033 040 050. G & S: Water bottles sold empty; Reusable stainless steel water bottles sold empty; Thermal insulated containers for food or beverages. FIRST USE: 20190201. FIRST USE IN COMMERCE: 20190201

Standard Characters Claimed

Mark Drawing Code

(4) STANDARD CHARACTER MARK


Filing Date January 31, 2017

Current Basis 1A


1B


June 6, 2017

Registration Number

5723808

Registration Date April 9, 2019

Owner (REGISTRANT) Technical Knockout, Inc. CORPORATION DELAWARE 4660 Pine Timbers, Suite 198 Houston TEXAS 77041

Attorney of Record

Dale P. DiMaggio



8/28/2019http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4803:t76nna.5.7

Register PRINCIPAL

Live/Dead Indicator

LIVE











Word Mark TKO

Goods and Services

IC 009. US 021 023 026 036 038. G & S: Head phones, in ear head phones, speakers, protective arm sleeves for music players and phones, protective covers for music players, phones and tablets. FIRST USE: 20131000. FIRST USE IN COMMERCE: 20131000

IC 010. US 026 039 044. G & S: Supports for ankles, knees, thighs, back, elbows, wrists and shoulders for medical use. FIRST USE: 20111100. FIRST USE IN COMMERCE: 20111100

IC 028. US 022 023 038 050. G & S: Fitness machines, exercise equipment and accessories, namely, weights, weight plates, dumbbells, bars, kettle bells and storage racks for the foregoing, exercise equipment in the nature of straps affixed to a wall or door for performance of body resistance, resistance cords, resistance ropes, resistance straps, resistance and stretching bands, jump ropes, yoga straps, stretch bands, waist trimmer exercise belts, aerobic fitness steps, balance boards for improving strength, toning, conditioning, balance and proprioception, foam rollers, push up stands, agility ladders and cones; weight lifting equipment and benches, and hyper extension machine and chains; cardio exercise machines, namely, rowing, stationary bikes and cycles, elliptical exercise machines; strength training exercise machines and equipment, namely, chest press, shoulder press, pectoral fly, bicep curl, seated dip, back extension, abdominal benches, dip/chin assist bars, leg extensions, leg press, seated leg curl, hip abductor, tricep press, calf raise, power squat racks, functional body training apparatus, smith machines; exercise apparatus in the nature of a metal bar and chair system for body weight training; exercise equipment, namely, group functional training rigs and cages. FIRST USE: 19960100. FIRST USE IN COMMERCE: 19960100

Standard Characters Claimed

Mark Drawing Code

(4) STANDARD CHARACTER MARK



Serial Number

87661095

Filing Date October 26, 2017

Current Basis 1A


1A


December 11, 2018

Registration Number

5683232

Registration Date

February 26, 2019

Owner (REGISTRANT) Technical Knockout, Inc. CORPORATION DELAWARE 4660 Pine Timbers Suite 198 Houston TEXAS 77041

Attorney of Record

Dale Paul DiMaggio

Prior Registrations

2383541;2690394;2902134;AND OTHERS


Register PRINCIPAL

Live/Dead Indicator

LIVE









Record 1 out of 1


Word Mark TKO

Goods and Services

IC 016. US 002 005 022 023 029 037 038 050. G & S: exercise manuals, printed instructional, educational, and teaching materials concerning health, fitness and exercise, and product manuals materials concerning health, fitness and exercise. FIRST USE: 20000101. FIRST USE IN COMMERCE: 20000101

IC 028. US 022 023 038 050. G & S: toys namely, inflatable punching bags and hand held electronic games. FIRST USE: 20000110. FIRST USE IN COMMERCE: 20000110

Mark Drawing Code

(1) TYPED DRAWING


Filing Date September 14, 2000

Current Basis 1A


1B


September 10, 2002

Registration Number

2902134

Registration Date

November 9, 2004

Owner (REGISTRANT) TECHNICAL KNOCKOUT, INC. CORPORATION DELAWARE 7354 Denny Road, Suite 100 Houston TEXAS 77040

Assignment Recorded

ASSIGNMENT RECORDED

Attorney of Record

Dale Paul DiMaggio, Esq.




Register PRINCIPAL



Live/Dead Indicator

LIVE







TESS was last updated on Thu Sep 19 03:47:01 EDT 2019


Record 1 out of 1


Word Mark TECHNICAL KNOCKOUTGoods and Services

IC 009. US 021 023 026 036 038. G & S: Protective athletic headwear in the nature of helmets in the field of boxing and martial art. FIRST USE: 19940109. FIRST USE IN COMMERCE: 19940109

IC 018. US 001 002 003 022 041. G & S: Luggage used in the field of boxing and martial arts, namely, all-purpose sports bags, back packs and waist packs. FIRST USE: 19990500. FIRST USE IN COMMERCE: 19990500

IC 025. US 022 039. G & S: Athletic footwear and headwear in the field of boxing and martial arts. FIRST USE: 19990500. FIRST USE IN COMMERCE: 19990500

Mark Drawing Code (1) TYPED DRAWING

Serial Number 75238710Filing Date February 10, 1997Current Basis 1AOriginal Filing Basis 1B

Published for Opposition May 25, 1999

Registration Number 2364844

Registration Date July 4, 2000Owner (REGISTRANT) TECHNICAL KNOCKOUT, INC. CORPORATION FLORIDA 10018 SPANISH

ISLES BLVD. SUITE A-15 BOCA RATON FLORIDA 33498

(LAST LISTED OWNER) TECHNICAL KNOCKOUT INC. CORPORATION DELAWARE 7354 DENNY ROAD SUITE 100 HOUSTON TEXAS 77040

Assignment Recorded ASSIGNMENT RECORDED


9/19/2019http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4804:xdevl6.2.1

Attorney of Record

DALE PAUL DIMAGGIO

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100707.Renewal 1ST RENEWAL 20100707Live/Dead Indicator LIVE







TESS was last updated on Thu Sep 19 03:47:01 EDT 2019


Record 1 out of 1


Word Mark TECHNICAL KNOCKOUTGoods and Services

IC 028. US 022 023 038 050. G & S: boxing and martial art equipment, namely boxing gloves, training gloves, bag gloves, heavy bags, striking and speed bags, jump ropes, mouth guards, head gear, cup protectors, focus mitts, handwraps, boxing bag swivel mechanisms, speed bag platforms, heavy bag stands, boxing rings, safety ropes and corner pads, shin guards, foot protectors, rib protectors, medicine balls, trainer's tape, hand and forearm pads and reflex punching bags; toy and juvenile boxing and martial art equipment, namely boxing gloves, training gloves, heavy bags, striking and speed bags, jump ropes, mouth guards, head gear, cup protectors, focus mitts, handwraps, boxing bag swivel mechanisms, speed bags, speed bag platforms, heavy bag stands, reflex punching bags, hand wraps, shin guards, foot protectors, rib protectors, hand and forearm pads, inflatable punching bags and bag gloves; sporting goods and related merchandise, namely weight lifting belts, support belts, practice fitness boxing gloves, and martial art hand and foot protectors; and toy and juvenile sporting goods, namely weight lifting belts, practice fitness boxing gloves, and martial art hand and foot protectors. FIRST USE: 19940201. FIRST USE IN COMMERCE: 19940201

Mark Drawing Code

(1) TYPED DRAWING


Filing Date January 21, 1994Current Basis 1A

OriginalFiling Basis 1B


October 3, 1995


Registration Date November 12, 1996

Owner (REGISTRANT) TECHNICAL KNOCKOUT, INC. CORPORATION FLORIDA 6100 WEST BY NORTHWEST SUITE 160 HOUSTON TEXAS 77040



(LAST LISTED OWNER) TECHNICAL KNOCKOUT, INC. CORPORATION DELAWARE 4660 Pine Timbers, Suite 198 HOUSTON TEXAS 77041


Attorney of Record DALE PAUL DIMAGGIO

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20170122.

Renewal 2ND RENEWAL 20170122Live/Dead Indicator LIVE




Exhibit 3




TESS was last updated on Tue Sep 17 03:48:40 EDT 2019




Word Mark O'NEILLGoods and Services

IC 009. US 022. G & S: DIVING SUITS, WET SUITS AND DRY SUITS. FIRST USE: 19570000. FIRST USE IN COMMERCE: 19570000

IC 025. US 039. G & S: WATER SKISUITS. FIRST USE: 19731209. FIRST USE IN COMMERCE: 19731209

(CANCELLED) IC 028. US 022 023 038 050. G & S: [ SURF BOARDS ]. FIRST USE: 19570000. FIRST USE IN COMMERCE: 19570000


Serial Number 73053232Filing Date May 23, 1975Current Basis 1AOriginal Filing Basis 1A

Change In Registration CHANGE IN REGISTRATION HAS OCCURRED


Registration Date July 12, 1977Owner (REGISTRANT) O'NEILL, INCORPORATED CORPORATION CALIFORNIA 1071 41ST

AVENUE P. O. BOX 6300 SANTA CRUZ CALIFORNIA 950636300

(LAST LISTED OWNER) SISCO TEXTILES NV CORPORATION CURACAO Kaya W.F.G. (Jombi) Mensing 14 Willemstad CURACAO


Attorney of Record Rochelle D. Alpert



9/17/2019http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4810:o6yo8v.3.12

Register PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20070801. PARTIAL SECTION 8(10-YR)

20170809.Renewal 3RD RENEWAL 20170809Live/Dead Indicator LIVE












IC 025. US 039. G & S: Sports Clothing-Namely, Shirts, T-Shirts, Trousers and Jackets. FIRST USE: 19760227. FIRST USE IN COMMERCE: 19760227

Mark Drawing Code (1) TYPED DRAWINGSerial Number 73247618Filing Date January 25, 1980Current Basis 1AOriginal Filing Basis 1A

Published for Opposition September 29, 1981


Registration Date December 22, 1981Owner (REGISTRANT) O'NEILL INCORPORATED CORPORATION CALIFORNIA 1071 41ST AVE.

SANTA CRUZ CALIFORNIA 95062

(LAST LISTED OWNER) SISCO TEXTILES NV CORPORATION Kaya W.F.G. (Jombi) Mensing 14 Willemstad CURACAO


Attorney of Record Rochelle D. AlpertPrior Registrations 1069298Type of Mark TRADEMARKRegister PRINCIPAL-2(F)Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20110112.Renewal 2ND RENEWAL 20110112Live/Dead Indicator LIVE


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Word Mark O'NEILLGoods and Services IC 025. US 039. G & S: Hats, Caps and Gloves. FIRST USE: 19790700. FIRST USE IN

COMMERCE: 19790700Mark Drawing Code (1) TYPED DRAWINGSerial Number 73477724Filing Date April 27, 1984Current Basis 1AOriginal Filing Basis 1APublished for Opposition March 26, 1985

Registration Number 1339268Registration Date June 4, 1985Owner (REGISTRANT) O'Neill, Incorporated CORPORATION CALIFORNIA 1071 41st Ave. Santa

Cruz CALIFORNIA 95062



Attorney of Record Rochelle D. AlpertPrior Registrations 1069298;1183040Type of Mark TRADEMARKRegister PRINCIPAL-2(F)Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20150624.Renewal 2ND RENEWAL 20150624Live/Dead Indicator LIVE


9/17/2019http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4806:l3vv67.2.9



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(CANCELLED) IC 009. US 022 039. G & S: DIVING SUITS. FIRST USE: 19780000. FIRST USE IN COMMERCE: 19780000

IC 025. US 022 039. G & S: WETSUITS, [ DRYSUITS, ] WATER SKI SUITS, SHIRTS, [ SKIRTS, ] AND JACKETS. FIRST USE: 19780000. FIRST USE IN COMMERCE: 19780000

(CANCELLED) IC 028. US 022 023 038 050. G & S: [ SURFBOARDS AND SAILBOARDS ]. FIRST USE: 19780000. FIRST USE IN COMMERCE: 19780000

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search Code

01.15.13 - Ripple (single wave); Waves, single02.01.19 - Athletes (men); Golfer; Men, athletes, strongmen; Strongmen02.09.19 - Diving, humans; Humans, including men, women and children, depicted playing games or engaged in other sports; Playing games or sports, humans21.03.27 - Body boards; Snowboards; Surfboards

Serial Number 73477647Filing Date April 27, 1984Current Basis 1AOriginal Filing Basis 1A

Published for Opposition August 20, 1985



9/17/2019http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4803:u1777i.2.8

Registration Number

1367364

Registration Date October 29, 1985Owner (REGISTRANT) O'NEILL, INCORPORATED CORPORATION CALIFORNIA 1071 41ST

AVENUE SANTA CRUZ CALIFORNIA 95062




Prior Registrations 1069298;1183040Description of Mark

THE LINING AND/OR STIPPLING SHOWN IN THE MARK IS A FEATURE OF THE MARK AND DOES NOT INDICATE COLOR.

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. PARTIAL SECT 8 (6-YR). SECTION 8(10-YR) 20060708. PARTIAL SECTION 8(10-

YR) 20151212.Renewal 2ND RENEWAL 20151212Live/Dead Indicator LIVE



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IC 003. US 001 004 006 050 051 052. G & S: Substances for laundry use, namely, [ laundry detergent; ] cleaning, polishing, scouring and abrasive preparations; [ soaps; perfumery; essential oils; cosmetics; dentifrices; sun tanning oils and sun tanning creams]

(CANCELLED) IC 006. US 002 012 013 014 023 025 050. G & S: [ surfboard accessories, namely, sails, sail bags ]

IC 009. US 021 023 026 036 038. G & S: [ Apparatus for recording, transmitting and or reproduction of sound or images; magnetic recording media, namely, video cassettes, audio CDs, CD-ROMs, CD-Is, laser, optical disks and CDs for photographs; sound recording disks; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing and computer equipment; fire-extinguishers;] sunglasses; spectacles; [ spectacle frames and accessories not included in other classes, such as lenses for sunglasses, spectacle cords and cases; diving suits; diving goggles and masks for underwater sports;] wet and dry suits for diving and underwater swimming; [ underwater breathing apparatus;] protective clothing for aquatic pursuits; [ protective helmets; gloves for protection against accidents;] diving gloves [ ; emergency life-saving and teaching apparatus, namely, lifejackets ]

IC 014. US 002 027 028 050. G & S: Precious metals and their alloys and goods in precious metals or coated therewith, namely, jewelry, watches and key rings; jewelry; precious stones; horological and chronometric instruments; clocks, watches

IC 016. US 002 005 022 023 029 037 038 050. G & S: Paper, cardboard and goods made from these materials, namely, stickers; [ bookbinding material; photographs; stationery; adhesives for stationery or household purposes; paint brushes; plastic materials for packaging, namely, plastic bags; printers' type; printing blocks; paying cards; books in the field of surfing, watersports and skiing; newspapers; time planners; calendars; posters; posters/bills; writing pads; note books; pencils; pens; ] pen cases [ ; printed matter, namely, advertising materials]

IC 018. US 001 002 003 022 041. G & S: Leather and imitation leather and goods made thereof, namely, luggage, suitcases, travel bags, shoulder bags, handbags, purses, wallets and belts; bags, namely, backpacks, rucksacks, duffle bags, fanny packs, athletic bags, shoulder bags, handbags, book bags, shopping bags of leather, imitation leather and textile; suitcases; travel bags; sports



bags; beach bags; banana pouches; rucksacks and shopping bags; [ umbrellas and parasols; ] pocket wallets and purses; [ animal skins and hides; trunks; walking sticks; whips and saddlery]

(CANCELLED) IC 022. US 001 002 007 019 022 042 050. G & S: [ Surfboard accessories, namely, sails, sail bags ]

IC 025. US 022 039. G & S: Clothing, namely, shirts, t-shirts, pants, jackets, skirts, shorts, board shorts, swimwear, swimming trunks, swimsuits, sweatshirts, sweaters, socks, scarves; footwear; snow boots; sports shoes; leisure shoes; booties for water sports; oriental slippers; slippers; sandals; headgear, namely, hoods, caps, cap peaks and hats; sports and leisure wear, namely, wetsuits, dry suits, gloves, wetsuit boots, and skiwear, namely, coats, jackets, pants, gloves and boots; protective clothing for surfing, windsurfing and water skiing, as well as for other water sports, namely, wetsuits, dry suits, wetsuit boots and gloves; rash guards

IC 028. US 022 023 038 050. G & S: Surfboards and accessories therefor, namely, [sails, ] sail battens, tensioning apparatus for sails, [ sail bags,] masts, mast feet, booms, fins, fin cases, trapezes, surfboard leeboards, surfboards leashes, trapeze hooks, trapeze lines, trapeze clips, transport bags for surfboards; [ sports bags; ] surfboard bags

IC 035. US 100 101 102. G & S: Retail sales services relating to clothing, such as sports and leisure clothing, and water sports, such as surfing, aforementioned services rendered also by electronic means; marketing and advertising; business management in support of the commercialization of products and services within the framework of "e-commerce"; administrative handling of electronically placed orders; [ business intermediary services in trade products, also within the framework of services rendered by wholesale companies; logistic consultancy and planning relating to business organization; project development for business organization; business management consultancy; publicity and sales promotion; ] organization of exhibitions, fairs and other events for commercial or publicity purposes

Standard Characters ClaimedMark Drawing Code (4) STANDARD CHARACTER MARK

Serial Number 79077763Filing Date December 11, 2009Current Basis 66AOriginal Filing Basis 66A

Published for Opposition January 18, 2011

Change InRegistration CHANGE IN REGISTRATION HAS OCCURRED


International Registration Number

1014984


Owner (REGISTRANT) Sisco Textiles N.V. CORPORATION NETHERLANDS ANTIL Kaya W.F.G. (Jombi) Mensing 14 Wilemstad Curacao NETHERLANDS ANTIL


PriorRegistrations 1069298;1339268;2425804;AND OTHERS

Type of Mark TRADEMARK. SERVICE MARKRegister PRINCIPAL-2(F)



Affidavit Text SECT 15. SECTION 71Live/Dead Indicator LIVE




Exhibit 5

Exhibit 6

Exhibit 7

image of PSYCHO TECH 4/3+MM CHEST ZIP FULL WETSUIT with sku:5337|FZ4|S

Exhibit 8




TESS was last updated on Fri Sep 20 03:31:02 EDT 2019


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Serial Number

Reg. Number

Word MarkCheck Status

Live/Dead

1 88617935STOKED FORMULAS HEALTH AND WELLNESS NUTRITION

TSDR LIVE

2 88610660 PROWEAR ACTIVE TSDR LIVE

3 88496717 F.U. SHARKS LAKE SUPERIOR TSDR LIVE

4 88493735 TSDR LIVE

5 88492663 ROTERDON TSDR LIVE

6 88273679 SWELL COFFEE CO. TSDR LIVE

7 88233325 GO. SEE. DO. TSDR LIVE

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9 88606757 TEXAS A&M CORPUS CHRISTI I ISLANDERS TSDR LIVE

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20 88394454 TSDR LIVE

21 88487288 LVZIJUN TSDR LIVE

22 88029772 INTENTIONALLY INTERRUPTIVE TSDR DEAD

23 88022488 BUOYNATION KEEP LIFE OFF THE ROCKS TSDR DEAD

24 88575077 AQUINNAH CLIFFS CASINO TSDR LIVE

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25 88484780 STARBOARD SIDE N S E W SE SW NE NW TSDR LIVE

26 88475116 SCRUB JAY & CLOTHESPIN TSDR LIVE

27 88439755 NE TSDR LIVE

28 88434313 LORRAINE VARNES TSDR LIVE

29 88471609 H2OHANA TSDR LIVE

30 88597996 FREEDOM WAVES TSDR LIVE

31 88597936 SEATTLE SIEGE SLG TSDR LIVE

32 88579263ODD ARTISTREET FEDERATION AHTOM ENERGIE MEGA WAVE

TSDR LIVE

33 88479013 KEEPING IT O'RIGINAL SINCE 1888. O'SIDE TSDR LIVE

34 88301563 TSDR LIVE

35 88288514 OSHEAN TSDR LIVE

36 88105010 TSDR LIVE

37 88472270 TSDR LIVE

38 88470610 TSDR LIVE

39 88432188 RAD TAD TSDR LIVE

40 88401509 THE LAKESHORE LIFE TSDR LIVE

41 88395133 SOULFREAK TSDR LIVE

42 88150794 SPINDRIFT TSDR DEAD

43 88593157 COASTAL AMERICANA TSDR LIVE

44 88592761 MUTED THEORY TSDR LIVE

45 88592509 TSDR LIVE

46 88592364 SURF LOTUS TSDR LIVE

47 88441466 FAHERTY TSDR LIVE

48 88590522 42 BRIDGES TSDR LIVE

49 88587739 SOS TSDR LIVE

50 88437809 CATALINA CROSSING TSDR LIVE

51 88348119 SHAKE SHAKE SEAFOOD TSDR LIVE

52 88326673 L A TSDR LIVE

53 88224667 THE IN COAST EST 2016 INDIANA · LAKE MICHIGAN TSDR LIVE

54 88407968 TSDR LIVE

55 88023301 I LOVE HIP HOP CRUISE TSDR LIVE

56 88466625 EAG ELITE TSDR LIVE

57 88466597 EAG TSDR LIVE

58 88418969 TSDR LIVE

59 88417075 HK TSDR LIVE

60 88404022 NAPERVILLE PARK DISTRICT TSDR LIVE

61 88302516 XIANG GUAN TSDR LIVE

62 88266362 5849577 ZHONGXIANG TSDR LIVE

63 88213617 5853412 TSDR LIVE

64 88273806 RDW APPAREL TSDR LIVE

65 88578037 BEACH BLOSSOM STUDIO TSDR LIVE

66 88072145 BURRDA SPORT TSDR LIVE

67 88975494 5847140 ENGINEERED ANGLING GEAR EAG TSDR LIVE

68 88459132 MANHATTAN BEACH SINCE 1912 TSDR LIVE

69 88454015 SCREENWAVEMEDIA TSDR LIVE



70 88301911 5844077 AS TSDR LIVE

71 88273682 SWELL COFFEE CO. TSDR LIVE

72 88273669 SWELL COFFEE CO. S.D. TSDR LIVE

73 88152712 MIAMI BEACH SOCCER TSDR DEAD

74 88459103 MANHATTAN BEACH SINCE 1912 TSDR LIVE

75 88458476 POINT FIXE TSDR LIVE

76 88202396 THE JONESERY TSDR LIVE

77 88180683 HUNTINGTON BEACH CALIFORNIA HB TSDR DEAD

78 88568350 THE LONGWAY TSDR LIVE

79 88566240 SOS LIFE TSDR LIVE

80 88565598 TSDR LIVE

81 88109118 VAPE WILD TSDR LIVE

82 88001967 DA WAVE TSDR DEAD

83 88564294 BAY PROPER TSDR LIVE

84 88453208 TSDR LIVE

85 88453181 TSDR LIVE

86 88398375 SA,INT TSDR LIVE

87 88443782 TSDR LIVE

88 88558181 DEVOROPA TSDR LIVE

89 88001664 HYLEVEL TSDR LIVE

90 88424025 R TSDR LIVE

91 88193780 HEATPAX TSDR LIVE

92 88343996 5834941 TSDR LIVE

93 88257204 5832962 ALL ABOUT WATER TSDR LIVE

94 88199233 5832186 BE OPTIMISTIC TSDR LIVE

95 88011277 KONA SUPPLY CO. TSDR LIVE

96 88002601 5835994 APURE ENJOY A PURE LIFE TSDR LIVE

97 88441526 MATTLEEFIT TSDR LIVE

98 88548120 DEVORPA TSDR LIVE

99 88440713 MOISTURE PATROL TSDR LIVE

100 88544016 DORATHY TSDR LIVE









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1 88611531 H I I I. TSDR LIVE

2 88609272 LP TSDR LIVE



5 88496824 SPRING COUNTRY TSDR LIVE


7 88492446DOING EVERYTHING TO REACH OUT INTO TOMORROW

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16 88144773 IMAGE 2.0 TSDR LIVE

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19 88494064 VAULTSKIN LONDON TSDR LIVE

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21 88491004MOTORS RACING TEAM SPEED CORNER GENUINE STEK AU THE GAO

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33 88470356KITCHEN WITH ALOHA LIFE STARTS AROUND THE TABLE

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49 88344023EVERYDAY AWARENESS THE AWARENESS BRAND FAMOUS TUTOR

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68 88436257 SASSY CHICK TSDR LIVE

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73 88209477GOOFY FOOT TAPROOM BREWERY HIGH POINT, NORTH CAROLINA

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Refine Search (27.03.01)[DD] and (09, 018, 025)[IC] and Submit

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S7:(27.03.01)[DD] and (09, 018, 025)[IC] and (sunglasses, bags, clothing, hats)[GS]

docs: 5102

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Serial Number

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1 88609272 LP TSDR LIVE

2 88606626 UMIUMI UMIUMI UNDERWATER EQUIPMENT TSDR LIVE

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Exhibit 9






Record 1 out of 1


Word Mark CCCGoods and Services

IC 025. US 022 039. G & S: Gaiters; Gloves; Hats; Jackets; Neck gaiters; Pants; Shell jackets; Shirts; Shoes; Ski bibs; Ski jackets; Clothing, namely, base layers

Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM

Serial Number 88111111Filing Date September 10, 2018Current Basis 1BOriginal Filing Basis 1B

Published for Opposition February 26, 2019

Owner (APPLICANT) Chronic Athletics, LLC LIMITED LIABILITY COMPANY WYOMING 201 East 5th St. STE 389 Sheridan WYOMING 82801

Attorney of Record Javier Gomez

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of three stylized letters "CCC" wherein the first "C" is larger than and encompasses the second "C" and the second "C" is larger than and encompasses the third "C".

Type of Mark TRADEMARKRegister PRINCIPALLive/Dead Indicator LIVE


9/20/2019http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4807:rju3a1.2.1






Record 1 out of 1


Word Mark CWGoods and Services

IC 025. US 022 039. G & S: Cold weather clothing, namely, jackets, bibs consisting of bib overalls and ski bibs, gloves and boots. FIRST USE: 20010219. FIRST USE IN COMMERCE: 20010219



Published for Opposition November 5, 2002


Registration Date January 28, 2003Owner (REGISTRANT) Specialty Sports Limited CORPORATION MICHIGAN 532 Wolverine Street

Rockford MICHIGAN 49341

(LAST LISTED OWNER) SPECIALTY SPORTS LIMITED CORPORATION MICHIGAN 532 WOLVERINE STREET ROCKFORD MICHIGAN 49341


Attorney of Record Todd A. Van Thomme

Prior Registrations 1867061;1978152;2167936;2167937;AND OTHERS












Record 1 out of 1


Word Mark AROPECGoods and Services

IC 009. US 021 023 026 036 038. G & S: Diving equipment, namely, diving hoods; diving gloves; diving boots; diving masks and snorkels; swimming earplugs; life jackets; life vests; water sports helmets. FIRST USE: 20040806. FIRST USE IN COMMERCE: 20040806

IC 025. US 022 039. G & S: swimming caps and wetsuits. FIRST USE: 20040806. FIRST USE IN COMMERCE: 20040806


Design Search Code

26.03.03 - Incomplete ovals; Ovals, incomplete26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved

Serial Number 85155678Filing Date October 19, 2010Current Basis 1AOriginal Filing Basis 1B

Published for Opposition June 28, 2011



Owner (REGISTRANT) AROPEC SPORTS CORP. CORPORATION TAIWAN 3, Alley 108, Lane 333 Sec. 4, Ming Shen Rd. Taya, Taichung TAIWAN R.O.C.

Attorney of Record Alan D. Kamrath



Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the word "AROPEC" in stylized font with an oval-shaped design intersected by a curved line appearing above it.

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR).Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark SGoods and Services

IC 025. US 022 039. G & S: Clothing, namely, shirts, T-shirts, sweatshirts, sweatpants, shorts, swim trunks and hats; athletic wear, namely, neoprene vests, neoprene short sleeve tops and neoprene long sleeve tops. FIRST USE: 19990801. FIRST USE IN COMMERCE: 19990801

IC 028. US 022 023 038 050. G & S: Sports equipment, namely, surfboards, longboards in the nature of surfboards and paddle boards, shortboards in the nature of surfboards and paddle boards, softboards in the nature of surfboards and paddle boards, surf boards, paddle boards, prone boards in the nature of surfboards and paddle boards, prone paddle boards, stand-up boards in the nature of surfboards and paddle boards, stand-up surf paddle boards and stand-up paddle boards; board accessories, parts and fittings for sports equipment, namely, surf paddles, board replacement fins for surfboards and paddle boards, traction pads for paddle boards, surfboard traction pads, bags specifically adapted for paddle boards, bags specifically adapted for surfboards, surfboard leashes, and covers specifically adapted for paddles for paddle boards. FIRST USE: 19990801. FIRST USE IN COMMERCE: 19990801


Design Search Code

24.15.10 - Arrows, more than one; More than one arrow24.15.25 - Other arrows26.03.03 - Incomplete ovals; Ovals, incomplete26.03.11 - Letters, numerals, punctuation, geometric figures, objects, humans, plants or animals comprising an oval; Ovals comprised of animals; Ovals comprised of geometric figures; Ovals comprised of humans; Ovals comprised of letters or numerals; Ovals comprised of plants; Ovals comprised of punctuation26.03.21 - Ovals that are completely or partially shaded26.03.28 - Miscellaneous designs with overall oval shape, including amoeba-like shapes and irregular ovals; Oval shape (miscellaneous overall shape)26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved27.03.01 - Geometric figures forming letters, numerals or punctuation27.03.05 - Objects forming letters or numerals



Serial Number 86711861Filing Date July 31, 2015Current Basis 1AOriginal Filing Basis 1A

Published for Opposition July 19, 2016


Registration Date October 4, 2016

Owner (REGISTRANT) Surf Technicians, LLC LIMITED LIABILITY COMPANY DELAWARE 5825 Avenida Encinas, Suite 104 Carlsbad CALIFORNIA 92008

Attorney of Record Edward N. Bachand

Prior Registrations 3185573

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized letter "S" formed by two curved bands.










Record 1 out of 1


Goods and Services

IC 025. US 022 039. G & S: APPAREL, NAMELY, CAPS, T-SHIRTS, SWEATSHIRTS, SWIMWEAR AND RASH GUARDS. FIRST USE: 20040000. FIRST USE IN COMMERCE: 20040000

Mark Drawing Code (2) DESIGN ONLY

Design Search Code

01.15.13 - Ripple (single wave); Waves, single26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved


INAN Inanimate objects such as lighting,clouds,footprints,atomic configurations,snowflakes,rainbows,flamesSHAPES-MISC Miscellaneous shaped designs

Serial Number 76661273Filing Date June 8, 2006Current Basis 1AOriginal Filing Basis 1A;1B




Owner (REGISTRANT) Graphic Prints, Inc. CORPORATION CALIFORNIA 904 Silver Spur Road #415 Rolling Hills Estates CALIFORNIA 90274

Attorney of Record Michael J. MacDermott

1376545



Prior RegistrationsDescription of Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized representation of a cresting wave.










Record 1 out of 1


Goods and Services

IC 018. US 001 002 003 022 041. G & S: Backpacks. FIRST USE: 20140122. FIRST USE IN COMMERCE: 20140122

IC 025. US 022 039. G & S: Footwear. FIRST USE: 20130901. FIRST USE IN COMMERCE: 20130901


Design Search Code 26.01.26 - Coils; Spirals; Swirls

Serial Number 85953377Filing Date June 7, 2013Current Basis 1AOriginal Filing Basis 1B

Published for Opposition April 29, 2014


Registration Date March 10, 2015Owner (REGISTRANT) III D Sporting Goods LLC LIMITED LIABILITY COMPANY DELAWARE 17

Montview Drive Hanover NEW HAMPSHIRE 03755

(LAST LISTED OWNER) PERFECT STORM BOOT CORPORATION CORPORATION NEW HAMPSHIRE 6 SOUTH PARK STREET SUITE 101 LEBANON NEW HAMPSHIRE 03766


Attorney of Record Michael J. Weins



Description of Mark

Color is not claimed as a feature of the mark. The mark consists of two swirl shapes forming a spiral pattern.










Record 1 out of 1


Goods and Services

IC 025. US 022 039. G & S: Clothing, namely, shirts; footwear, in particular women's shoes; headwear, namely, hats


Design Search Code

01.15.12 - Cyclones ; Tornadoes ; Whirlpools26.01.26 - Coils ; Spirals ; Swirls26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved

Serial Number 79231472Filing Date March 28, 2018Current Basis 66AOriginal Filing Basis 66A




1333985

Registration Date January 29, 2019Owner (REGISTRANT) Gabor Shoes Aktiengesellschaft AKTIENGESELLSCHAFT (AG) FED REP

GERMANY Marienberger Strasse 31 83024 Rosenheim FED REP GERMANYAttorney of Record Theodore R. Remaklus

Description of Mark

The color(s) blue is/are claimed as a feature of the mark. The mark consists of a blue cyclonic image comprised of four lines that form two cyclonic spurs. Each spur consists of two lines that



originate at the center of the cyclone and converge at the end of the spurs. The white background is not claimed as a feature of the mark.










Record 1 out of 1


Word Mark AIRBACGoods and Services

IC 018. US 001 002 003 022 041. G & S: Backpacks; knapsacks; rucksacks; sport bags; sling bags; drawstring bags; duffel bags; messenger bags; shoulder bags; schoolchildren's backpacks; belt bags. FIRST USE: 20111222. FIRST USE IN COMMERCE: 20111222


Design Search Code

26.03.03 - Incomplete ovals ; Ovals, incomplete26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved



Owner (APPLICANT) AIRBAK TECHNOLOGIES CORP. CORPORATION DELAWARE 52 Martin Road Hopewell Junction NEW YORK 12533


Attorney of Record Aziz M. Ahsan

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a curved band forming an incomplete oval shape above the wording "AIRBAC".

Type of Mark TRADEMARKRegister PRINCIPAL

LIVE



Live/Dead Indicator









Record 1 out of 1


Word Mark PAKALOATranslations The wording "PAKALOA" has no meaning in a foreign language.Goods and Services

IC 025. US 022 039. G & S: Cap visors; Caps with visors; Cloth bibs; Cloth bibs for adult diners; Cloth bibs for use by senior citizens or physically- or mentally-challenged persons; Clothing extenders for vests and waistbands for men, women and children; Clothing extension used to extend the normal size range of clothing items to accommodate pregnancy size changes; Clothing for athletic use, namely, padded pants; Clothing for athletic use, namely, padded shirts; Clothing for athletic use, namely, padded shorts; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing for wear in judo practices; Clothing for wear in wrestling games; Clothing items, namely, adhesive pockets that may be affixed directly to the body as a decorative piece of clothing with utility; Clothing items, namely, adhesive pockets that may be affixed directly to the inside of clothing for storage and safekeeping of personal items; Clothing items, namely, blindfolds worn over the eyes; Clothing items, namely, gags worn over the mouth; Clothing layettes; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Clothing straps for bras, dresses, and halter tops for surfing; Clothing wraps; Clothing, namely, arm warmers; Clothing, namely, athletic sleeves; Clothing, namely, base layers; Clothing, namely, cowls and smoke ring scarves; Clothing, namely, crops; Clothing, namely, folk costumes; Clothing, namely, hand-warmers; Clothing, namely, khakis; Clothing, namely, knee warmers; Clothing, namely, maternity bands; Clothing, namely, neck tubes; Clothing, namely, neck warmers; Clothing, namely, thobes; Clothing, namely, wrap-arounds; Hats; Hats for infants, babies, toddlers and children; Shoe accessories, namely, fitted decorative covers for shoes; Shoes; Shoes with hook and pile fastening tapes; Ski bibs; Ski boot bags; Ski boot cases; Ski boot liners; Ski boots; Ski gloves; Ski jackets; Ski masks; Ski pants; Ski suits; Ski suits for competition; Ski trousers; Adult novelty gag clothing item, namely, socks; Apres-ski shoes; Athletic shoes; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for runners and yoga for fitness; Babies' trousers; Baby layettes for clothing; Balaclavas; Baseball caps; Baseball caps and hats; Bathing caps; Beach shoes; Beachwear; Belts; Belts for clothing; Belts made out of cloth; Bibs not of cloth or paper; Boat shoes; Body suits for men, women and children; Bottoms as clothing; Bottoms as clothing for men, women and children; Bucket caps; Canvas shoes; Children's cloth eating bibs; Children's and infants' cloth bibs; Coats for men, women and children; Collar guards



for protecting clothing collars; Collar liners for protecting clothing collars; Collar protector pads for application to clothing collars; Collar protector strips for application to clothing collars; Combinations; Corsets being clothing; Corsets being foundation clothing; Cycling caps; Drawers as clothing; Dress shoes; Dresses for women and girls; Dusters in the nature of coats; Esparto shoes or sandals; Eyeshades as headwear; Fabric sold as an integral component of finished clothing items, namely, dresses and shirts; Fashion hats; Figure skating clothing, namely, leotards; Fingerless gloves as clothing; Foulards; Fur hats; Furs being clothing; Garrison caps; Gloves as clothing; Gloves with conductive fingertips that may be worn while using handheld electronic touch screen devices; Golf caps; Head wraps; Headbands for clothing; Headwear for men, women and children; Hijabs; Hooded sweatshirts for men, women and children; Hoodies; Hoods; Infant and toddler one piece clothing; Infant wear; Infantwear; Jackets; Jackets for men, women and children; Jackets incorporating backpacks; Jerseys; Kerchiefs; Knitted caps; Knitwear, namely, sweaters; Knot caps; Knotted caps; Leather hats; Leather belts; Leather harnesses worn by people as clothing; Loungewear; Mantles; Mufflers as neck scarves; Mules; Neckerchiefs; Neckerchieves; Nightwear; Non-disposable cloth training pants; Outerwear, namely, raincoats; Padded elbow compression sleeves sold as an integral component of athletic clothing, namely, jerseys and uniforms; Pajamas for men, women and children; Pants for men, women and children; Paper hats for use as clothing items; Pareos; Parts of clothing, namely, gussets for tights, gussets for stockings, gussets for bathing suits, gussets for underwear, gussets for leotards and gussets for footlets; Parts of clothing, namely, underarm gussets; Perspiration absorbent underwear clothing; Pique shirts; Platform shoes; Plimsolls; Pocket kerchiefs; Pocket squares; Pockets for clothing; Puttees; Puttees and gaiters; Rain hats; Rainwear; Ready-made linings being parts of clothing; Sandals and beach shoes; Sarongs; Scrub tops and pants not for surgical purposes; Shifts as clothing; Shirt inserts, namely, dickies; Shirts for men, women and children.; Shoes for men, women and children.; Short sets; Shorts for men, women and children.; Shoulder wraps; Shoulder wraps for clothing; Skapris; Ski and snowboard shoes and parts thereof; Ski wear; Skiing shoes; Skiwear; Sleepwear; Small hats; Spats; Sports caps and hats; Sports shoes; Sun protective clothing, namely, hats and caps; Surf wear; Swaddling clothes; Sweaters for men, women and children; Sweatpants for men, women and children; Sweatshirts for men, women and children; Swim wear; Swimwear; T-shirts for men, women and children; Tennis wear; Thong beachwear; Thong footwear; Thong underwear; Ties as clothing; Toboggan hats; Toboggan hats, pants and caps; Top hats; Tops as clothing; Tops as clothing for men, women and children; Toques; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Trousers for men, women and children; Underarm clothing shields; Water ski boot liners; Water repelling leather shoes and boots; Waterproof leather shoes; Waterproof leather shoes and boots; Wearable garments and clothing, namely, shirts; Wet suits for water-skiing; Wet suits for water-skiing and sub-aqua; Wetsuits for water-skiing; Wimples; Women's clothing, namely, shirts, dresses, skirts, blouses; Women's hats and hoods; Women's shoes; Women's shoes, namely, foldable flats; Wooden shoes; Woolly hats; Woven shirts for men, women and children; Wrist bands as clothing; Wristbands as clothing. FIRST USE: 20180201. FIRST USE IN COMMERCE: 20180201

IC 028. US 022 023 038 050. G & S: Ski bags; Ski bindings; Ski brakes; Ski cases; Ski covers; Ski edges; Ski poles; Ski ropes; Ski sticks; Surf boards; Surf fins; Surf paddles; Surf skis; Aquatic canine treadmill; Archery sets; Arrowheads; Athletic protective elbow pads for skateboarding; Athletic protective knee pads for skateboarding; Baby swings; Bags especially designed for skis and surfboards; Bags especially designed for surfboards; Bags for skateboards; Ball bearings for skateboards; Baseball and softball bat racks; Baseball bat racks; Bindings for alpine skis; Bindings for snowboards; Boards used in the practice of water sports; Body surf hand planes; Body boards; Bodyboards; Bowling ball covers; Bowling ball returns; Bowling deflectors; Bowling pins; Bowling pinsetters and parts therefor; Bowling pit mats; Boxing bag swivel mechanisms; Boxing bags; Boxing swivels; Bushings specially adapted for skateboards; Caps for toy pistols; Card games; Cases for action figures; Cases for play accessories; Cases for toy structures; Cases for toy vehicles; Catchers' mitts; Christmas tree ornaments of bronze; Christmas tree ornaments, namely, bells; Christmas tree skirts; Christmas tree stand covers; Climbing skins for use with touring skis; Coverings for skis, namely, seal skins; Covers for ski bindings; Craps game playing equipment; Customized dolls having a face in the form of a particular adolescent who has unexpectedly or tragically died; Darts; Deck grips for sports equipment boards, namely, surfboards and paddle boards; Discuses; Disposable ticket sets for playing games of chance; Doll cases; Doll clothing; Doll costumes; Doll house furnishings; Dolls and accessories therefor; Dolls and playsets therefor; Dumbbell sets; Dumbbells; Edges of skis; Electronic dart games; Electronic game equipment with a watch function; Electronically operated toy motor vehicles; Elliptical exercise machines; Equipment for playing a vertical hoop target game; Equipment for skateboard parks for skateboarding, inline skating, and BMX freestyle biking,



namely, ramps; Equipment sold as a unit for playing action type target games; Equipment sold as a unit for playing board games; Equipment sold as a unit for playing card games; Equipment sold as a unit for playing craps games; Exercise and gymnastic banners; Exercise bars; Exercise benches; Exercise doorway gym bars; Exercise equipment, namely, rotary abdominal boards; Exercise equipment, namely, shoulder stretcher using a cable; Exercise equipment, namely, shoulder stretcher using resistance cables; Exercise equipment, namely, virtual reality training cycles; Exercise machines; Exercise tables; Exercise trampolines; Exercise treadmills; Exercise weight cuffs; Exercising equipment, namely, manually operated jogging machines; Exercising equipment, namely, powered treadmills for running; Exercising equipment, namely, pulleys; Exercising equipment, namely, rowing machines; Fins for sports equipment boards, namely, surfboards; Fishing aid which sinks to the bottom of any body of water in which it is placed and stands vertically from the bottom with fish line attached a few inches from the hook intended to catch the fish; Fishing hooks; Fishing leaders; Fishing lure boxes; Fitted protective covers specially adapted for sports equipment, namely, golf clubs and tennis rackets; Floor-standing units for playing electronic games other than in conjunction with a television or computer; Flutter boards; Foot straps for sports equipment boards, namely, windsurfing boards; Footbags; Football shoulder pads; Footballs; Goalkeepers' gloves; Golf bag covers; Golf bag tags; Golf putter covers; Golf putters; Harnesses specially adapted for carrying snowboards, skis and skateboards; Hunting equipment, namely, scent dispenser for attracting or repelling animals; Infant swings; Inflatable float hammocks for recreational use in water; Kick board flotation devices for recreational use; Kite boards; Kiteboards; Kits for building surfboards; Leashes for surfboards; Leashes used in conjunction with surfing; Longboard skateboard trucks; Longboard skateboard wheels; Longboard skateboards; Longboard surfboards; Monoskis; Non-riding transportation toys; Nuts and bolts for skateboards; Paddle surfboards; Paddleboard fins; Paddleboards; Paddles for use with surfboards; Knee pads for use in surfing; Paper airplanes; Paper dolls; Paper face masks; Poker card guards; Portable ski carriers; Protective padding for skateboarding; Protective padding for snowboarding; Recreational water jet packs, for attachment to personal watercraft, that use water pressure to make the jet pack users airborne; Removable table tops for craps tables; Restraint straps for body boards; Roller skis; Sail board foot restraints; Sail board foot straps; Sail board leashes; Self-powered water sports boards; Skateboard decks; Skateboard grip tapes; Skateboard paddle boards; Skateboard paddles; Skateboard rails; Skateboard riser pads; Skateboard trucks; Skateboard wheels; Skateboarding gloves; Skateboards; Skateboards; Ski bindings and parts therefor; Skibob; Skim boards; Skimboards; Skis; Snow shoes; Snow skis; Snow boards; Snow globes; Snow saucers; Snow sleds for recreational use; Snowboard bindings; Snowboard decks; Snowboards; Snowshoes; Softball bat racks; Sole coverings for skis; Sports equipment, namely, inline roller skating wheels at the end of a crutch-like frame; Sports equipment, namely, lower body alignment apparatus; Sports equipment, namely, rotating interfaces specially adapted for attaching snowboards to bindings; Stand-up surf paddles; Stand-up paddleboard carrying straps sold as a unit with the paddleboard; Stand-up paddleboards; Storage racks for ski and sports equipment; Storage racks for sporting goods in the nature of paint ball guns; Storage racks for water sports equipment; Surfboard carrier worn on the body; Surfboard fins; Surfboard holder worn on the body; Surfboard leashes; Surfboard repair patches; Surfboard storage rack; Surfboard traction pads; Surfboards; Surfskis; Swim boards for recreational use; Swimming kick boards; Table tops for craps tables; Tabletop units for playing electronic games other than in conjunction with a television or computer; Toy film cartridges and viewers; Toy snow globes; Toy water guns; Traction pads for surfboards; Trampolines; Vibrating apparatus used in fitness and exercise programs to stimulate muscles and increase strength and physical performance; Wakeskates; Water ski rope bridges; Water skis; Water pistols; Water slides; Water toys; Waterfowl blind bags; Waterski bindings; Waterski bridles; Waterski carrying cases; Waterski gloves; Waterski handles; Waterski rope bridles; Waterski rope handles; Waterski ropes; Waterski tow harnesses; Waterski tow ropes; Waterskis; Waterslides; Windsurfing gloves; Work-out gloves. FIRST USE: 20180201. FIRST USE IN COMMERCE: 20180201

Mark Drawing Code

(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search Code

26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved26.17.25 - Other lines, bands or bars


Filing Date March 12, 2018



Current Basis

1A

Original Filing Basis 1B


August 21, 2018


Registration Date December 25, 2018

Owner (REGISTRANT) Tourigny Marc INDIVIDUAL FRANCE 71-75, Shelton Street, Covent Garden, LONDON UNITED KINGDOM WC2H9JQ

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the term "PAKALOA". A miscellaneous curved design pointing to the left and appearing under the first three letters "PAK" of the term "PAKALOA" appears to the left to the term "PAKALOA".


Register PRINCIPALLive/Dead Indicator LIVE









Record 1 out of 1


Goods and Services

IC 025. US 022 039. G & S: Footwear, namely, sandals, athletic shoes and casual shoes, with the exclusion of cycling and motorcycling boots and shoes. FIRST USE: 20080800. FIRST USE IN COMMERCE: 20080822


Design Search Code 26.01.26 - Coils ; Spirals ; Swirls

Serial Number 77324107Filing Date November 7, 2007Current Basis 1AOriginal Filing Basis 1A;1B;44D



Registration Date May 12, 2015

Owner (REGISTRANT) Edge Marketing Corp. CORPORATION CANADA 2923 5th Avenue NE Calgary CANADA T2A 6T8

Attorney of Record Susan Pitchford

Priority Date June 1, 2007Description of Mark Color is not claimed as a feature of the mark.













Record 1 out of 1


Word Mark SOLINCOGoods and Services

IC 018. US 001 002 003 022 041. G & S: Backpacks [ ; boston bags; leather bags for climbers; all purpose bags for climbers; traveling bags; and bags for sports umbrellas ]

IC 025. US 022 039. G & S: [ Tennis shoes; badminton shoes; squash shoes; football shoes; bathing caps; bathing suits; clothing for gymnastics, namely, tops, bottoms and shorts; cyclists' clothing, namely, tops, bottoms and shorts; jumpers; lace boots; leggings; pants; scarves; singlets; socks; sweaters; ] T-shirts [ ; and uniforms ]

IC 028. US 022 023 038 050. G & S: [ Balls for tennis; balls for badminton; balls for squash; ] rackets for tennis; [ rackets for badminton; rackets for squash; nets for tennis; nets for badminton; nets for squash; elbow guards for sports articles; golf bags; ] gut for rackets [ ; and knee guards for sports article ]


Design Search Code

26.03.21 - Ovals that are completely or partially shaded26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved


SHAPES-BAR-BANDS Designs with bar, bands or linesSHAPES-MISC Miscellaneous shaped designsSHAPES-OVALS Oval figures or designs including incomplete ovals and one or more ovals

Serial Number 77266250Filing Date August 28, 2007Current Basis 44EOriginal Filing Basis 1B;44D




Registration Number

3600953


Owner (REGISTRANT) KIM, Won-Chang INDIVIDUAL REPUBLIC OF KOREA Susung-gu 107-302 Nocwon mansion, 761 Gisan-dong Daegu REPUBLIC OF KOREA

Attorney of Record William H Logsdon

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the word "SOLINCO" beneath an artistic design.










Record 1 out of 1


Word Mark L LAYNOSTranslations The wording "Laynos" has no meaning in a foreign language.Goods and Services

IC 025. US 022 039. G & S: Athletic footwear; Athletic sweaters; Bathing trunks; Coats; Hats; Jackets; Neckerchiefs; Overcoats; Shawls; Socks; Sports singlets; Swim suits; Underclothing. FIRST USE: 20171020. FIRST USE IN COMMERCE: 20171214


Design Search Code 26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved


Owner (APPLICANT) XiaMen ChongZun Electronic Commerce Company Ltd limited company (ltd.) CHINA Room 1301-2,NO.17 MeiRenShanYiLi Street TongJiZhong Road,Tongan District XiaMen CHINA 361021

Prior Registrations 5652943

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of word "LAYNOS". To the left of the mark is a curved stylized "C"-shaped design.









Record 1 out of 1


Goods and Services

IC 025. US 022 039. G & S: sportswear, namely, gloves, ski gloves and snow-board gloves. FIRST USE: 19980407. FIRST USE IN COMMERCE: 19980407


Design Search Code 26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved

Serial Number 75276841Filing Date April 17, 1997Current Basis 1AOriginal Filing Basis 1B

Published for Opposition October 28, 1997


Registration Date March 2, 1999Owner (REGISTRANT) SEES CORPORATION CORPORATION REPUBLIC OF KOREA 2456

Shinheung 2-Dong, Sujeong-Gu, Songnam Gyeonggi-Do REPUBLIC OF KOREA

(LAST LISTED OWNER) SEES GLOBAL INC. CORPORATION REPUBLIC OF KOREA 52 SAGIMAKGOL-RO, JUNGWON SEONGNAM ROOM 612, SUN TECH CITY-2B/D GYEONGGI-DO REPUBLIC OF KOREA


Attorney of Record Alan A. Limbach




Register PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20180928.Renewal 2ND RENEWAL 20180928Live/Dead Indicator LIVE









Record 1 out of 1


Goods and Services

IC 025. US 022 039. G & S: Athletic pants; Athletic shirts; Athletic shorts; Athletic tights; Bathing caps; Bottoms; Cycling shorts; Running suits; Shorts; Singlets; Swim caps; Swim suits; Swim trunks; Swim wear; Swim wear for gentlemen and ladies; Swimming caps; Swimming costumes; Swimming trunks; Tops; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Wet suit gloves; Wetsuits. FIRST USE: 20050915. FIRST USE IN COMMERCE: 20050915


Design Search Code

01.15.13 - Ripple (single wave) ; Waves, single26.01.26 - Coils ; Spirals ; Swirls26.03.03 - Incomplete ovals ; Ovals, incomplete

Serial Number 86066251Filing Date September 16, 2013Current Basis 1AOriginal Filing Basis 1A




Owner (REGISTRANT) BLUESEVENTY USA LLC LIMITED LIABILITY COMPANY WASHINGTON Suite 316 3131 Western Avenue Seattle WASHINGTON 98121

Attorney of Record Nancy V. Stephens

3286912



Prior RegistrationsDescription of Mark

Color is not claimed as a feature of the mark. The mark consists of three wave or swirl designs interconnected into an oval shape.

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR).Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark BELMAR BEAUTIFUL SEAGoods and Services

IC 025. US 022 039. G & S: Clothing wraps; Clothing, namely, wrap-arounds; Bottoms as clothing; Combinations; Hoodies; Hoods; Jerseys; Short sets; Tops as clothing

IC 035. US 100 101 102. G & S: Promoting tourism in Jersey Shore area. FIRST USE: 20121004. FIRST USE IN COMMERCE: 20121004


Design Search Code

06.03.03 - Ocean ; Ripples (multiple waves) ; Waves, open sea (multiple waves)26.17.02 - Bands, wavy ; Bars, wavy ; Lines, wavy ; Wavy line(s), band(s) or bar(s)26.17.05 - Bands, horizontal ; Bars, horizontal ; Horizontal line(s), band(s) or bar(s) ; Lines, horizontal26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved

Serial Number 87475055Filing Date June 5, 2017Current Basis 1A;1BOriginal Filing Basis 1A;1B


Owner (APPLICANT) Suzanne Anan INDIVIDUAL UNITED STATES 406 5th Avenue Belmar NEW JERSEY 07719

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BELMAR" APART FROM THE MARK AS SHOWN

Description of Mark

The color(s) dark blue, blue, and light blue is/are claimed as a feature of the mark. The mark consists of a cresting ocean wave comprised of dark blue, blue, and light blue water. Underneath the wave is the term, "BELMAR", in dark blue. Underneath the term "BELMAR" is the stylized wording, "BEAUTIFUL SEA" in light blue.



Type of Mark TRADEMARK. SERVICE MARKRegister PRINCIPALLive/Dead Indicator LIVE









Record 1 out of 1


Word Mark CGoods and Services

IC 009. US 021 023 026 036 038. G & S: sunglasses, sunglass frames, sunglass lenses. FIRST USE: 20001001. FIRST USE IN COMMERCE: 20001001





Registration Date August 7, 2007Owner (REGISTRANT) Costa Del Mar Sunglasses, Inc. CORPORATION FLORIDA 123 North

Orchard Street, Bldg. 6 Ormond Beach FLORIDA 32174

(LAST LISTED OWNER) COSTA DEL MAR, INC. CORPORATION FLORIDA 2361 MASON AVENUE, STE. 100 DAYTONA BEACH FLORIDA 32117


Attorney of Record John Cyril Malloy, IIIDescription of Mark Color is not claimed as a feature of the mark.




Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20170121.Renewal 1ST RENEWAL 20170121Live/Dead Indicator LIVE









Record 1 out of 1



IC 009. US 021 023 026 036 038. G & S: sunglasses, sunglass frames, sunglass lenses. FIRST USE: 20001001. FIRST USE IN COMMERCE: 20001001


Design Search Code 26.03.02 - Ovals, plain single line; Plain single line ovals




Registration Date August 7, 2007Owner (REGISTRANT) Costa Del Mar Sunglasses, Inc. CORPORATION FLORIDA 123 North

Orchard Street, Bldg. 6 Ormond Beach FLORIDA 32174

(LAST LISTED OWNER) COSTA DEL MAR, INC. CORPORATION FLORIDA 2361 MASON AVENUE SUITE 100 DAYTONA BEACH FLORIDA 32117


Attorney of Record John Cyril Malloy, IIIDescription of Mark Color is not claimed as a feature of the mark.












Record 1 out of 1


Word Mark RIP CURLGoods and Services

(CANCELLED) IC 009. US 021 023 026 036 038. G & S: [ Pre-recorded video cassettes, digital video discs, digital versatile discs, downloadable audio and video recordings, DVDs, and high definition digital disks featuring sport events or images; protective clothing for swimming, surfing, and diving; life jackets, flotation vests, and safety vests for surfing, water skiing, and use of personal watercraft; eyewear, sunglasses, spectacles, goggles for sports, eyewear for sports, and parts for the foregoing; fittings and accessories for eyewear, namely, frames and cases; sports helmets; cases for mobile phones ]. FIRST USE: 20070301. FIRST USE IN COMMERCE: 20070301

IC 014. US 002 027 028 050. G & S: Jewelry; horological and chronometric instruments; watches and parts and accessories therefor, namely, watch straps, watch clasps, watch cases, watch bands, watch parts. FIRST USE: 20070301. FIRST USE IN COMMERCE: 20070301

IC 018. US 001 002 003 022 041. G & S: Bags, namely, handbags, clutch bags, shoulder bags, wallets, purses, brief cases, folio cases, attache cases, backpacks, key cases, bill folds, coin purses, bum bags, travel bags, haversacks, luggage, umbrellas, trunks, luggage tags, beach umbrellas; credit card cases. FIRST USE: 20070301. FIRST USE IN COMMERCE: 20070301

IC 025. US 022 039. G & S: Clothing, namely, t-shirts, shirts, tank tops, shorts, pants, jackets, sweatshirts, beach cover-ups, beach footwear, swim wear, sports shirts, sports pants, wetsuits, coats, ski and snowboard pants, ski and snowboard jackets, ski and snowboard gloves and mittens, ski and snowboard hats; footwear; headgear, namely, hats and caps; money belts. FIRST USE: 20070301. FIRST USE IN COMMERCE: 20070301


Design Search Code

01.15.13 - Ripple (single wave); Waves, single26.03.17 - Concentric ovals; Concentric ovals and ovals within ovals; Ovals within ovals; Ovals, concentric



26.03.21 - Ovals that are completely or partially shaded26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved


INAN Inanimate objects such as lighting,clouds,footprints,atomic configurations,snowflakes,rainbows,flamesSHAPES-BAR-BANDS Designs with bar, bands or linesSHAPES-MISC Miscellaneous shaped designsSHAPES-OVALS Oval figures or designs including incomplete ovals and one or more ovals

Serial Number 77516808Filing Date July 8, 2008Current Basis 1AOriginal Filing Basis 1B




Registration Date September 21, 2010

Owner (REGISTRANT) RIP CURL INTERNATIONAL PTY LTD. PROPRIETARY LIMITED COMPANY (P/L OR PTY. LTD.) AUSTRALIA 101 Geelong Road Torquay Victoria AUSTRALIA 3228

Attorney of Record Amanda H. Wilcox

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized representation of a curling wave within an oval border.

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. PARTIAL SECT 8 (6-YR).Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark C RIP CURLGoods and Services

IC 009. US 021 023 026 036 038. G & S: Survival wetsuits for diving, namely, insulated overall wetsuits; optical goods in this class, namely, sunglasses, spectacles, goggles for sports; frames and cases for sunglasses, spectacles and goggles for sports; cellular telephone cases and holders. FIRST USE: 20050609. FIRST USE IN COMMERCE: 20050609

IC 014. US 002 027 028 050. G & S: Jewelry, horological and chronometric instruments; watches; structural parts and accessories for watches, namely, watch bands, watch pins for attaching watch bands and watch cases. FIRST USE: 20050609. FIRST USE IN COMMERCE: 20050609

IC 018. US 001 002 003 022 041. G & S: Bags, namely, carry-all bags, beach bags, handbags, clutch bags, shoulder bags, wallets, purses, briefcases, briefcase type portfolio cases, attache cases, backpacks, key cases, bill folds, coin purses, bum bags, wallets with compartments for passports, travel bags, haversacks, luggage, trunks; umbrellas; luggage bag tags; credit card cases. FIRST USE: 20050609. FIRST USE IN COMMERCE: 20050609

IC 025. US 022 039. G & S: Clothing in the nature of beachwear, and clothing for swimming, surfing, diving, snow skiing, snow boarding and sporting activities, namely, t-shirts, dresses, shirts, spandex rashshirts, spandex bodysuits, pants, shorts, bikinis, swimming costumes, socks, short sleeved tops, long sleeved tops, jackets, sweaters, cardigans, vests, gloves, mittens, scarves, skirts; footwear; headwear, namely, hats, caps, beanies, visors and headbands; wetsuits, wetsuit vests, wetsuit trousers and shorts; money belts. FIRST USE: 20050609. FIRST USE IN COMMERCE: 20050609

IC 035. US 100 101 102. G & S: Retail store services and online retail store services featuring clothing, including protective clothing for swimming, surfing, diving, snow skiing, snow boarding and sporting activities, t-shirts, dresses, shirts, spandex rashshirts, spandex bodysuits, pants, shorts, bikinis, swimming costumes, socks, short sleeved tops, long sleeved tops, jackets, sweaters, cardigans, vests, gloves, mittens, scarves, skirts, footwear, headgear, namely, hats, caps, beanies, visors and headbands, wetsuits, wetsuit vests, wetsuit trousers and shorts, money belts, footwear, headgear, wetsuits, wetsuit vests, wetsuit trousers and shorts, optical goods, eyewear, sunglasses, spectacles, goggles for sports, parts, fittings and accessories for sunglasses, spectacles and goggles for sports including frames and cases, goods in precious metals or coated therewith, jewelry, horological and chronometric instruments, watches and their parts and accessories, bags, handbags,



clutch bags, shoulder bags, wallets, purses, brief cases, folio cases, attache cases, backpacks, key cases, key rings, credit card cases, bill folds, coin purses, organisers, telephone cases and holders, money belts, bum bags, pocket cases, passport wallets, travel bags, haversacks, luggage, umbrellas, trunks, bag tags, sporting and gymnastic apparatus and equipment, surfboards, bodyboards, kneeboards, wakeboards, sailboards, surf skis, snowboards, snow skis, waterskis, skateboards, kiteboards, ski equipment and snowboarding equipment, waterski equipment, toys, games and playthings, bags for surfboards, bodyboards, kneeboards, wakeboards, sailboards, surf skis, snowboards, snow skis, waterskis, skateboards and kiteboards, sporting accessories including fins, leg ropes and security leashes for sporting apparatus, sporting apparatus being ropes especially adapted and fitted as tow-in ropes and skiing ropes, ski bindings, surfboard deck grips, swim fins including swim fins for bodyboarding, sailboard sails, kiteboard sails, wax for skis and surfboards, covers and protective bags for sporting apparatus including bags for surfboards, bodyboards, kneeboards, wakeboards, sailboards, surf skis, snowboards, snow skis, waterskis, skateboards and kiteboards, towels, stickers, decalcomanias, printed matter including magazines, videos, DVDs, CDs, CDROMs, computer games. FIRST USE: 20050609. FIRST USE IN COMMERCE: 20050609

Mark Drawing Code


Design Search Code

26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved


Filing Date February 1, 2019Current Basis 1A

Original Filing Basis 1A


October 1, 2019

Owner (APPLICANT) Rip Curl International Pty Ltd CORPORATION AUSTRALIA 101 Surf Coast Hwy. Torquay, Victoria AUSTRALIA 3228

Attorney of Record Daniel J. Smola

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of stylized "C" to the left of the words "RIP CURL".

Type of Mark TRADEMARK. SERVICE MARK










Record 1 out of 1


Goods and Services

IC 009. US 021 023 026 036 038. G & S: Goggles for swimming [ ; life preservers, namely, swimming jackets and swimming belts ]


Design Search Code

01.15.13 - Ripple (single wave); Waves, single26.01.06 - Circles, semi; Semi-circles26.01.21 - Circles that are totally or partially shaded.


INAN Inanimate objects such as lighting,clouds,footprints,atomic configurations,snowflakes,rainbows,flamesSHAPES-BAR-BANDS Designs with bar, bands or linesSHAPES-CIRCLE Circle figures or designs including semi-circles and incomplete circles

Serial Number 77776749Filing Date July 8, 2009Current Basis 44EOriginal Filing Basis 1B;44E




Owner (REGISTRANT) REGISTROS INTERNACIONALES APLICADOS, S.L. CORPORATION SPAIN Ganduxer, 10 - 12, Quinto - Primera Barcelona SPAIN 08021

Attorney of Record Daniel Lano

Color is not claimed as a feature of the mark. The mark consists of a wave design.



Description of MarkType of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR).Live/Dead Indicator LIVE









Record 1 out of 1


Goods and Services

(CANCELLED) IC 009. US 021 023 026 036 038. G & S: [ Sunglasses; glasses and goggles for sports; pre-recorded materials in the nature of compact discs, digital video discs featuring surfing and snowboarding, and skateboarding; computer carrying cases; cases for compact discs ]. FIRST USE: 19921101. FIRST USE IN COMMERCE: 19921101

(CANCELLED) IC 014. US 002 027 028 050. G & S: [ Timepieces; pocket watches; stopwatches; clocks; watches; belt buckles of precious metal, key rings of precious metal ]. FIRST USE: 19921001. FIRST USE IN COMMERCE: 19921001

IC 018. US 001 002 003 022 041. G & S: Travel bags; all-purpose carrying bags; [ handbags; ] beach bags; tote bags; sports bags; backpacks; [ purses; ] wallets; suitcases; umbrellas. FIRST USE: 19800401. FIRST USE IN COMMERCE: 19810501


Design Search Code

01.15.13 - Ripple (single wave) ; Waves, single06.01.04 - Mountains (landscapes) ; Scenery with mountains26.05.21 - Triangles that are completely or partially shaded26.05.25 - Triangles with one or more curved sides26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved


BLDG-AND-SCEN A type of building or a type of sceneryINAN Inanimate objects such as lighting,clouds,footprints,atomic configurations,snowflakes,rainbows,flamesSHAPES-BAR-BANDS Designs with bar, bands or linesSHAPES-MISC Miscellaneous shaped designsSHAPES-TRIANGLES Triangular shaped designs and marks including incomplete triangles

Serial Number 78980816Filing Date May 19, 2005Current Basis 1A

1A;1B



Original Filing BasisPublished for Opposition September 5, 2006

Change InRegistration CHANGE IN REGISTRATION HAS OCCURRED


Registration Date March 3, 2009

Owner (REGISTRANT) Quiksilver, Inc CORPORATION DELAWARE 15202 Graham Street Huntington Beach CALIFORNIA 92649

(LAST LISTED OWNER) BOARDRIDERS IP HOLDINGS, LLC LIMITED LIABILITY COMPANY CALIFORNIA 5600 ARGOSY CIRCLE, SUITE 100 HUNTINGTON BEACH CALIFORNIA 92649


Attorney of Record Anthony V. Lupo

Prior Registrations 1393322;1803546;1844186;AND OTHERS

Description of Mark Color is not claimed as a feature of the mark.

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). PARTIAL SECTION 8(10-YR) 20190327.Renewal 1ST RENEWAL 20190327Live/Dead Indicator LIVE









Record 1 out of 1


Goods and Services

IC 009. US 021 023 026 036 038. G & S: Bags adapted for laptops; Bags for cameras and photographic equipment; Battery chargers for mobile phones; Camera straps; Cases adapted for cameras; Cases for mobile phones; CD cases; CD storage wallets; DVD cases; Notebook computers; Protective carrying cases specially adapted for personal digital assistants (PDA); Protective covers and cases for tablet computers; Protective sleeves for laptop computers; Wheeled backpacks especially adapted for holding laptops

IC 018. US 001 002 003 022 041. G & S: All-purpose carrying bags; All purpose sport bags; Backpacks; Briefcases; Daypacks; Diaper bags; Duffel bags; Garment bags for travel; Handbags; Hiking bags; Knapsacks; Luggage; Messenger bags; School bags; Shoe bags for travel; Sling bags; Tote bags; Waist bags; Weekend bags; General purpose bags for carrying yoga equipment


Design Search Code

01.15.13 - Ripple (single wave) ; Waves, single26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved26.17.25 - Other lines, bands or bars

Serial Number 88124508Filing Date September 20, 2018Current Basis 44EOriginal Filing Basis 44E

Published forOpposition February 26, 2019



Owner



(REGISTRANT) PANPORT GLOBAL INC. CORPORATION TAIWAN 7F., No.176, Dadong Rd., Shilin Dist., Taipei TAIWAN 111

Description of Mark Color is not claimed as a feature of the mark. The mark consists of a curved wave design.










Record 1 out of 1


Word Mark GREATCOOLGoods and Services

IC 009. US 021 023 026 036 038. G & S: Bar code readers; Batteries, electric; Cameras; Cases for smartphones; Covers for smartphones; Electric navigational instruments; Electronic collars to train animals; Eyeglasses; Photographic cameras; Smartglasses; Smartphones; Smartwatches; Spectacles; Video screens; Cabinets for loudspeakers. FIRST USE: 20160301. FIRST USE IN COMMERCE: 20160301


Design Search Code 26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved


Published forOpposition August 16, 2016



Owner (REGISTRANT) Shenzhen Feichang Ku Science & Technology Co.,Ltd. LIMITED LIABILITY COMPANY CHINA Rm.601, 9th Bldg., Jinzhou Jialiyuan, Bantian Sub-Dist., Longgang Dist., Shenzhen,Guangdong, CHINA

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the design of three arcs with the stylized phrase"GreatCool" at the right side.













Record 1 out of 1


Word Mark PROCONTROL RIDE THE WAVE TO SUCCESSGoods and Services

IC 009. US 021 023 026 036 038. G & S: Customized electronic control systems for machines; programmable logic controller (PLC); industrial process control software for generating computer readable markings; customized control cabinets specially adapted for electronic control systems for machines. FIRST USE: 20160630. FIRST USE IN COMMERCE: 20160630

IC 042. US 100 101. G & S: Installation, maintenance and repair of software for computer systems; engineering services in the field of reducing operational costs of industrial machinery; computer project management services in the field of communication. FIRST USE: 20160630. FIRST USE IN COMMERCE: 20160630

Mark Drawing Code


Design Search Code

01.11.02 - Moons, crescent; Moons, half; Partial moons, including half moons and crescent moons (not a moon with craters)


Filing Date May 22, 2017Current Basis 1A


Owner (APPLICANT) ProSystems Integration, LLC LIMITED LIABILITY COMPANY RHODE ISLAND 405 Main Street Ashaway RHODE ISLAND 02804

Attorney of Record Thomas F. Dunn

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the stylized wording PROCONTROL RIDE THE WAVE TO SUCCESS to the right of two stylized crescents.

Type of Mark TRADEMARK. SERVICE MARKRegister PRINCIPAL

LIVE



Live/Dead Indicator









Record 1 out of 1


Word Mark CCGoods and Services

IC 003. US 001 004 006 050 051 052. G & S: Fragrances. FIRST USE: 20140800. FIRST USE IN COMMERCE: 20140800

IC 009. US 021 023 026 036 038. G & S: Eye glasses; sun glasses; magnetic coded gift cards. FIRST USE: 20160101. FIRST USE IN COMMERCE: 20160101

IC 014. US 002 027 028 050. G & S: Watches; jewelry. FIRST USE: 20140501. FIRST USE IN COMMERCE: 20140401

IC 018. US 001 002 003 022 041. G & S: Duffle bags; travel bags; purses, handbags and wallets. FIRST USE: 20150800. FIRST USE IN COMMERCE: 20150800

IC 025. US 022 039. G & S: Clothing, namely, dresses; footwear; headwear; eye masks for sleeping. FIRST USE: 20160101. FIRST USE IN COMMERCE: 20160101


Serial Number 85829827Filing Date January 23, 2013Current Basis 1AOriginal Filing Basis 1B

Published for Opposition March 25, 2014


Registration Date August 15, 2017Owner



(REGISTRANT) CHARMING CHARLIE LLC LIMITED LIABILITY COMPANY DELAWARE 5999 SAVOY DRIVE HOUSTON TEXAS 77036


Attorney of Record Tanya Marie CurcioDescription of Mark

Color is not claimed as a feature of the mark. The mark consists of one stylized "C" within a larger stylized "C" that is connected on the two ends.










Record 1 out of 1



IC 009. US 021 023 026 036 038. G & S: Protective glasses; eyewear; protective work gloves; protective industrial boots; cell phone cases; carrying cases specially adapted for electronic equipment, namely, laptop computers

IC 010. US 026 039 044. G & S: Surgical scrub pants; surgical scrub tops; compression garments

IC 012. US 019 021 023 031 035 044. G & S: Automotive windshield shade screens; car interior organizer bags specifically adapted for fitting in vehicles; fitted car seat covers

IC 016. US 002 005 022 023 029 037 038 050. G & S: Notebooks; stickers; posters

IC 018. US 001 002 003 022 041. G & S: Lumbar packs; backpacks; carry-on bags; duffle bags; tote bags; wallets; tool bags sold empty; dog collars; dog leashes; clothing for animals

IC 021. US 002 013 023 029 030 033 040 050. G & S: Lunch boxes; hydration packs containing personal fluid hydration systems; water bottles sold empty; coffee mugs; insulated sleeve beverage holders for beverage cups; portable beverage container holders


Design Search Code

26.13.21 - Quadrilaterals that are completely or partially shaded26.13.25 - Quadrilaterals with one or more curved sides26.17.13 - Letters or words underlined and/or overlined by one or more strokes or lines ; Overlined words or letters ; Underlined words or letters

Serial Number 87751217Filing Date January 11, 2018Current Basis 1B

1B



Original Filing BasisPublished for Opposition September 18, 2018

Owner (APPLICANT) Carhartt, Inc. CORPORATION MICHIGAN 5750 Mercury Drive Dearborn MICHIGAN 48126

Attorney of Record Jenny T. Slocum


Description of Mark Color is not claimed as a feature of the mark. The mark consists of a stylized letter "C".










Record 1 out of 1


Word Mark PAKALOHA BIKINISGoods and Services

IC 025. US 022 039. G & S: Swim wear for gentlemen and ladies. FIRST USE: 20030101. FIRST USE IN COMMERCE: 20030101


Design Search Code

01.05.01 - Sun, rising or setting (partially exposed or partially obstructed) ; Sunrise01.15.13 - Ripple (single wave) ; Waves, single06.03.03 - Ocean ; Ripples (multiple waves) ; Waves, open sea (multiple waves)26.17.13 - Letters or words underlined and/or overlined by one or more strokes or lines ; Overlined words or letters ; Underlined words or letters


Owner (APPLICANT) Dahl, Julie S LIMITED LIABILITY COMPANY HAWAII 59-111 Paumalu Place Haleiwa HAWAII 96712

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of A sun appearing behind an ocean wave, with the words Pakaloha Bikinis beneath the wave.












Record 1 out of 1


Goods and Services

(CANCELLED) IC 003. US 001 004 006 050 051 052. G & S: [ Perfumes, Eau de Toilette, Eau de Parfum, cosmetics, hair gels, sculpting gels, shaving gels, eye gels, aftershave gels, aftershave lotions, aftershave creams, shaving lotions, cologne, skin moisturizers, cleansing creams, body creams, face creams, foot and hand creams, body lotions, face lotions, feet and hand lotions, hair shampoos, hair conditioners, eye shadows, eye liners, eye pencils, lipsticks, bath oils, bath and shower gels, bubble bath, bath crystals, bath grains, bath salts, soaps, body scrubs, body massage oils, body cocoa butter, body fragrance sprays, foot deodorant sprays and creams, pedicure soaks, pedicure scrubs, fragrance room sprays, potpourri, incense, bath powder, talcum powder, after sun creams and lotions, aromatherapy creams and lotions, shaving foam, sytling lotions, styling mousse, sun care lotion, sun tan oil, sunscreen cream, sunscreen lotion, sunblock lotion, and soaps for body care ]. FIRST USE: 20040401. FIRST USE IN COMMERCE: 20041001

IC 025. US 022 039. G & S: Blouses, skirts, dresses, stockings, bathrobes, nightgowns, bathing suits, sun suits, underwear, ties, neckties, scarves, pajamas, caps, hats, shirts, t-shirts, pants, trousers, jeans, sweaters, sweatshirts, sweatsuits, jerseys, blazers, suits, waistcoats, raincoats, cardigans, coats, gloves, shoes, sandals, boots, slippers, socks, and belts. FIRST USE: 20040401. FIRST USE IN COMMERCE: 20041001

Mark Drawing Code

(2) DESIGN ONLY

Design Search Code

10.05.05 - Brushes, body cleaning; Brushes, finger nail; Brushes, hair; Brushes, make-up; Combs, hair; Hair brushes; Hair combs; Nail brushes; Shaving brushes24.01.01 - Shields or crests (plain) with neither a figurative element nor an inscription contained therein or superimposed thereon26.01.21 - Circles that are totally or partially shaded.


Filing Date July 18, 20051A



Current BasisOriginal Filing Basis 1A


May 9, 2006



Registration Date August 1, 2006

Owner (REGISTRANT) Michelle Jonas Design, LP Thomas Morgan and Michelle Jonas, both U.S. citizens LIMITED PARTNERSHIP WASHINGTON 719 S. Los Angeles Street Suite 915 Los Angeles CALIFORNIA 90014

(LAST LISTED OWNER) MICHELLE JONAS DESIGN, LP Thomas Morgan and Michelle Jonas, both U.S. citizens LIMITED PARTNERSHIP CALIFORNIA 719 S. LOS ANGELES STREET, SUITE 700 LOS ANGELES CALIFORNIA 90014


Attorney of Record Kent E. Baldauf, Jr., Registration No. 36,082

Description of Mark Color is not claimed as a feature of the mark. The mark consists of Swirled crest design in a circle.

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). PARTIAL SECTION 8(10-YR) 20170525.

Renewal 1ST RENEWAL 20170525Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark OMNATranslations The wording "OMNA" has no meaning in a foreign language.Goods and Services

IC 010. US 026 039 044. G & S: Medical devices for use in cannulation or to stem the flow of traumatic bleeding, namely, tourniquets. FIRST USE: 20150120. FIRST USE IN COMMERCE: 20150608

IC 025. US 022 039. G & S: Apparel, namely, athletic shirts, baseball caps and hats, hooded pullovers, and swimwear. FIRST USE: 20150120. FIRST USE IN COMMERCE: 20150608

IC 028. US 022 023 038 050. G & S: Leashes for surfboards. FIRST USE: 20150120. FIRST USE IN COMMERCE: 20150608


Design Search Code

06.03.03 - Ocean; Ripples (multiple waves); Waves, open sea (multiple waves)24.13.02 - Cross, Greek (equal sides); Greek cross (equal sized lines)26.01.21 - Circles that are totally or partially shaded.26.01.26 - Coils; Spirals; Swirls







Owner (REGISTRANT) Omna, Inc. FORMERLY Second Chance Surfing, Inc. CORPORATION WYOMING 1400 63rd Ave., S. St. Petersburg FLORIDA 33705

Attorney of Record Kristie D. Prinz

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a partially shaded circular design depicted to look like a large wave. A Greek cross is positioned over the left half of the wave design. The right arm of the cross is shaded as is a portion of the upper and lower cross in a partial circle design. The stylized wording "OMNA" is located on the lower right of the cross.










Record 1 out of 1


Word Mark OCEAN PROTECT OGoods and Services

IC 011. US 013 021 023 031 034. G & S: Apparatus for decalcifying water; apparatus for the distribution of water; apparatus for waste water purification; apparatus for water filtering; apparatus for water purification; apparatus for water softening; apparatus for water supply; bacteriostatic water treatment installations; chemical installations for conditioning drinking water; chlorinating units (water purifying apparatus and machines); devices for the separation of impurities from water (purification); apparatus for descaling water; domestic water filtering apparatus; domestic water filtering units; drinking water filters; electronic apparatus for the purification of water; filter apparatus for water supply installations; filters for drinking water; filters for sanitary water distribution apparatus; filters for use with apparatus for water supply; filters for water purifiers; filters for water release devices; apparatus for disinfecting water; fittings for water supply installations with flow control; industrial waste water purification plants; installations for conditioning water; installations for the abatement of water pollution; installations for the control of water pollution; installations for the recycling (purification) of waste water; machines for use in the processing (purification) of water; membranes for the filtration of water; pressure tanks (water); reverse osmosis devices for use in water conditioning apparatus; apparatus for filtering water; reverse osmosis devices for use in water conditioning installations; reverse osmosis elements for reducing the salt content of water; transportable apparatus for processing water; waste water treatment apparatus; waste water treatment installations; water filtering apparatus; water filtering apparatus for industrial use; water filters (installations) for agricultural purposes; water filters (machines) for agricultural purposes; water filters for industrial purposes; apparatus for purifying water; water fittings incorporating flow control (parts of sanitary installations); water purification filters; water purification installations; water regulating apparatus; water treatment apparatus; water treatment apparatus for water purification; water treatment apparatus for water softening; water treatment filters; watering installations, automatic; filters being parts of industrial apparatus; apparatus for softening water; filters being parts of industrial installations; filters for industrial installations; filtering apparatus (household) incorporating filter cartridges; filtering apparatus (industrial) incorporating filter cartridges; filtering apparatus (medical) incorporating filter cartridges; filtering apparatus (scientific) incorporating filter cartridges; heating cartridges; filter apparatus for the separation of solids and liquids; filter installations (household or industrial) for the separation of solids and liquids; installations for


9/20/2019http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4805:mdyzpy.2.1

biotechnological separation; apparatus for supplying water; installations for the separation of liquids; strainers for solids-liquids separation; clean chambers (sanitary installations); decontamination chambers; apparatus for the chlorination of waste water; apparatus for the decontamination of water

IC 016. US 002 005 022 023 029 037 038 050. G & S: Files for holding papers; materials for instructing (printed matter); stationery; printed publications; periodicals; pamphlets; newsletters; magazines (periodicals); books; adhesive printed stickers; adhesive stickers; folders for holding papers; printed stickers; stickers (stationery); decals; advertising material being printed matter; business forms being printed matter; business cards; forms (printed); graphic prints; greeting cards; portfolio cases (covers); paper; portfolio cases (folders); photographs (printed); printed advertisements; money clips; computer aided design generated drawings; computer aided design generated plans; drawings generated by computer aided design; educational materials in printed form; printed teaching aids; teaching materials for education; cardboard; teaching materials for information; teaching materials for instruction; computer documentation in printed form; guides (printed matter); guides (stationery); printed guides; booklets; manuals (handbooks); manuals (printed matter); handbooks (manuals); printed matter; instruction manuals (handbooks); diaries; diaries (printed matter); calendars; posters; posters being printed matter; certificates; instructional material; teaching manuals; teaching materials (except apparatus); printed course materials

IC 025. US 022 039. G & S: Apparel (clothing, footwear, headgear); socks; sleepwear; underwear; caps being headwear; clothing; jackets (clothing); footwear; headwear; t-shirts; jumpers (pullovers); jumpers (sweaters); trousers

IC 035. US 100 101 102. G & S: Discount services (retail, wholesale, or sales promotion services); business advice relating to advertising; business advice relating to marketing; business advisory services; business analysis services; business assistance; business auditing; business consultancy; business consultation; business data analysis; business management; online retail services; business project management; business research; financial auditing; association services being the promotion of the interests of members of the association; association services being the provision of business support or advice; charitable services, namely, business management and administration; charitable services, namely, organising and conducting volunteer programmes and community service projects; charitable services, namely, the recruitment, organisation and deployment of volunteers; advertising; advertising analysis; retail services; promotion (advertising) of business; administration relating to marketing; design of marketing material; marketing advisory services; marketing analysis; marketing consultancy; marketing information; marketing research; preparation of marketing plans; design of publicity material; retailing of goods (by any means); preparation of publicity material; publicity; distribution of advertising material; compilation and provision of online directories; online advertising on a computer network; providing information, including online, about advertising, business management and administration and office functions; provision of an online marketplace for buyers and sellers of goods and services; compilation of information into computer databases; computerised database management; database management; distribution of goods (not being transport services) and wholesale of goods; maintaining data in databases; advisory services relating to customer service; advertising services provided over the internet; compilation of advertisements for use as web pages on the internet; compilation of directories for publishing on the internet; import-export agency services; export-import agency services; import agency services; procurement of contracts (for others); procurement services for others (purchasing goods and services for other businesses); business administration; business consultancy services relating to management of fund raising campaigns; business consultancy services relating to the marketing of fund raising campaigns; business consultancy services relating to the promotion of fund raising campaigns; promotion of goods and services through sponsorship of sports events; sponsorship (promotion and marketing services); sponsorship search; business management and administration services supporting utilisation of a global computer network; business project management services for construction projects; compilation of scientific information; conducting of market research; business administration advisory services; market research; commercial or industrial management assistance; providing business information via a web site; vocational guidance (employment advice and information); business administration consultancy; business advice

IC 036. US 100 101 102. G & S: Charitable collections; financial services; financial sponsorship; monetary affairs; monetary affairs consultancy; monetary transaction services; providing information, including online, about insurance, financial and monetary affairs and real estate affairs; advisory services relating to insurance; arranging of insurance; information services relating to insurance; insurance; charitable fund raising; provision of insurance information; crowd funding services being



the collection of financial donations; commodities, gold, mercantile, monetary and security exchanges; monetary exchange; monetary transfer; organisation of monetary collections; advice relating to investments; advisory services relating to investments; financial investment; investment; charitable fundraising; investment advice; investment information; advisory services relating to banking; banking; financial banking; investment banking; online banking; financial sponsorship of education, training, entertainment, sporting or cultural activities; investment research; research services relating to finance; charitable services, namely, financial services; research services relating to investment; organising of charitable collections; financial advice; financial affairs; financial analysis; financial assistance

IC 037. US 100 103 106. G & S: Charitable services, namely, construction; building construction; building construction advisory services; building construction consultancy; construction; construction consultation; construction engineering; construction information; diagnostic maintenance services; advisory services relating to the repair of buildings; handyman repair, maintenance and installation services; charitable services, namely, repair, maintenance and installation; installation and repair of underwater pipelines; irrigation devices installation and repair; machinery repair; maintenance and repair of buildings; maintenance and repair of construction apparatus; maintenance and repair of construction machines; maintenance and repair of data communications networks; maintenance and repair of industrial apparatus; maintenance and repair of utilities in buildings; maintenance, installation and repair of industrial apparatus and instruments; building repairs; repair information; repair of buildings; repair, maintenance and installation advisory services; repair, maintenance and installation consultancy services; underwater repair; underwater repair services; advisory services relating to construction; advisory services relating to property development building and construction services; advisory services relating to the construction of buildings; advisory services relating to the construction of civil engineering structures; repair services; civil construction services; civil engineering (construction and maintenance); civil engineering construction; civil engineering consultancy (construction and maintenance); construction of buildings; mechanical engineering services (construction); provision of construction advice; provision of construction information; provision of information in relation to building construction; structural engineering services (construction); advisory services for maintenance; underground construction; underwater construction; underwater construction services; building project management; building project management (building construction supervision); on site building project management; maintenance and repair of computers; advisory services relating to the maintenance of buildings; building maintenance; maintenance services for industrial plants; building and construction services

IC 041. US 100 101 107. G & S: Association services being the provision of training and education to members of the association; education information; education services; educational advisory services; educational seminars; providing information, including online, about education, training, entertainment, sporting and cultural activities; provision of education courses; provision of educational courses; provision of educational examinations; provision of educational information; publication of educational materials; charitable services, namely, academic mentoring; business training services; technical training; training; training consultancy; vocational guidance (education or training advice); vocational training services; electronic publication of information on a wide range of topics, including online and over a global computer network; online publication of electronic books and journals; preparation of texts for publication; providing online electronic publications, not downloadable; charitable services, namely, education and training; publication of books; publication of educational texts; weblog (blog) services (online publication of journals or diaries); educational examination; university education services; university services; mentoring (education and training); mentoring (training); arranging and conducting of seminars; conducting training seminars; organising events being the provision of entertainment, sporting and cultural services for charitable purposes; arranging and conducting of workshops (training); conducting workshops (training); arranging and conducting of lectures; arranging of lectures; arranging and conducting of conferences; conducting of business conferences; conducting of educational conferences; organisation of symposia; advisory services relating to publishing; provision of information relating to publishing; publication of texts (other than publicity texts); publishing by electronic means; publishing of books; publishing of printed matter; organisation of teaching activities; teaching; event management services in relation to the organisation of educational, entertainment, sporting or cultural events; organisation of exhibitions for cultural or educational purposes; organising events for cultural purposes; social club services (entertainment, sporting and cultural services); academic examination services; design of educational courses, examinations and qualifications; production of audio and/or video recordings, other than advertising; production of audio/visual presentations; entertainment; management of entertainment services; organisation of competitions (education or entertainment); organisation of entertainment



events; organisation of fairs for entertainment purposes; organising of entertainment; publication of journals; educational research; publication of magazines; publication of manuals; publication of multimedia material online; publication of newspapers; publication of periodicals; preschools (education); primary education services; higher education services; kindergarten services (education or entertainment); life coaching services (training or education services); technological education services; education advisory services

IC 042. US 100 101. G & S: Association services being the quality control of goods or services provided by members of the association; design consultancy; sampling for pollution; design engineering; design of buildings; design of commercial products; design of communications apparatus; design of industrial products; design of instruments; design of manufacturing apparatus; design of new products; design of pipelines; database design; design of printed matter; design of products; design of test apparatus; design planning; design services; electrical engineering services (design); engineering design; graphic art design; industrial design; industrial engineering design services; design of computer databases; mechanical engineering services (design); product design; project management (design); providing information, including online, about scientific and technological services and research and design relating thereto; provision of information relating to industrial design; research relating to design; retail design services; structural engineering services (design); web portal services (designing or hosting); web site design; hosting of databases; building and structural inspection services (engineering, quality assessment, and surveying services); civil engineering drawing services; computer engineering; computer engineering consultancy services; design services relating to civil engineering; engineering; engineering consultancy; engineering drawing; engineering feasibility studies; engineering project management services; advisory services relating to building design; engineering project studies; engineering research; engineering surveying; engineering surveys and inspections; engineering testing; preparation of engineering drawings; preparation of engineering reports; provision of engineering reports; provision of information relating to industrial engineering; research relating to engineering; advisory services relating to industrial design; research, engineering and technical consultancy for industry; technical engineering; technological engineering analysis; advisory services relating to scientific research; scientific and technical analysis; scientific and technological services; scientific research; scientific testing services; building research services; electrotechnical research; building design services; industrial research; mechanical research; preparation of reports relating to scientific research; preparation of reports relating to technical research; preparation of statistics for scientific research; provision of information relating to scientific research; research in the field of building construction; research in the field of environmental protection; research relating to science; technological advisory services; civil engineering (design); technological analysis services; technological consultancy; technological consultation services; technological planning services; technological project studies; technological research; industrial analysis; electronic monetary and financial transaction monitoring; biochemical engineering services; internet portal services (designing or hosting); commercial design services; engineering services relating to computers; information services relating to computers; creating and maintaining weblogs (blogs) for others; creating indexes of online websites and information sources; hosting of weblogs (blogs); online provision of web-based applications (non-downloadable); online provision of web-based software (non-downloadable); advisory services relating to environmental pollution; advisory services relating to pollution control; pollution emissions testing

Mark Drawing Code


Design Search Code

01.15.13 - Ripple (single wave) ; Waves, single26.17.01 - Bands, straight ; Bars, straight ; Lines, straight ; Straight line(s), band(s) or bar(s)26.17.04 - Bands, vertical ; Bars, vertical ; Lines, vertical ; Vertical line(s), band(s) or bar(s)27.03.05 - Objects forming letters or numerals


Filing Date March 12, 2019Current Basis 66A


1467501



International Registration NumberOwner (APPLICANT) IES Stormwater Pty Ltd Australian Proprietary Company, Limited By Shares WALES

PO Box 444 Alexandria NSW 1435 AUSTRALIAPriority Date February 18, 2019Description of Mark Color is not claimed as a feature of the mark.










Record 1 out of 1


Word Mark WAVEMADEGoods and Services

IC 012. US 019 021 023 031 035 044. G & S: Pushchairs, strollers, prams, buggies, and parts and fittings for the aforementioned goods, including wheels, inner tubes, undercarriages, seats and cradles, not included in other classes; rain covers, shopping baskets, all of plastic or textile, padded cushions, muffs especially adapted for carriages; baskets for baby carriages; cup holders (structural parts of strollers); wheeled boards, sibling boards; electric motors for baby carriages, especially adapted for strollers, baby strollers, sports carriages, baby carriages, prams and transport trolleys; child safety seats for motor vehicles and parts therefor; accessories for children's safety seats for vehicles, including car seat carriers, car seat adaptors, seat covers for vehicles, car seat liners; safety belts for vehicle seats for pregnant women; harnesses and belts for baby carriages and strollers, car seats, high chairs and booster seats; child seats for motor vehicles, and parts and fittings for the aforementioned goods, such as harnesses, paddings; children car seats; footmuffs for strollers, prams or buggies; fitted footmuffs for baby carriages; car seat bags; stroller bags

IC 018. US 001 002 003 022 041. G & S: Travel bags; shopping bags, diaper bags, changing bags, tote bags, transport bags, car seat bags, stroller bags, travel bags; softbags, semisoft bag for babies with handles; baby carriers worn on the body, pouch baby carriers, wrap baby carriers, slings for carrying infants, sling bags for carrying infants, ring sling baby carriers, pouch sling baby carriers, Mei-Tai baby carriers, soft structured baby carriers, front facing baby carriers, backpacks for carrying babies, hip carriers for babies; accessories adapted for baby carriers worn on the body including covers, rain protection cover, wind protection covers, storm covers, sun shades, transportation bags; parasols

IC 020. US 002 013 022 025 032 050. G & S: Furniture, in particular children's furniture and parts thereof included in class 20; high chairs; beds including portable beds, travel beds, infant beds, sofa beds, wooden beds; cradles including bouncing cradles; bouncers, baby bouncers [seats]; changing tables; infant walkers, co-sleepers (cradle), trays for highchair, table trays; carry cots (for babies)

IC 025. US 022 039. G & S: Clothing, footwear, headgear



IC 028. US 022 023 038 050. G & S: Games and playthings; rattles; dolls; swings; car back seat activity toy

IC 042. US 100 101. G & S: Providing information and advice with regard to environmental protection, as well as conducting research and drawing up expert reports in the aforementioned fields; research and development in the field of environmental protection, namely, energy saving, water recycling and waste recycling

IC 045. US 100 101. G & S: Lobbying for political purposes, including political pressure concerning environmental politics and environmental preservation


Design Search Code

01.15.13 - Ripple (single wave) ; Waves, single26.01.21 - Circles that are totally or partially shaded.


Filing Date November 19, 2018Current Basis 66AOriginal Filing Basis 66A


1457353

Owner (APPLICANT) CYBEX GmbH UNKNOWN NOT PROVIDED Riedingerstr. 18 95448 Bayreuth FED REP GERMANY

Priority Date July 30, 2018Description of Mark Color is not claimed as a feature of the mark.










Record 1 out of 1


Word Mark CAYUGA COMMUNITY COLLEGEGoods and Services

IC 016. US 002 005 022 023 029 037 038 050. G & S: Ball point pens; Bumper stickers; Calendars and diaries; Pencils; Pens. FIRST USE: 20090800. FIRST USE IN COMMERCE: 20090800

IC 018. US 001 002 003 022 041. G & S: Tote bags; Wallets including card holders. FIRST USE: 20090800. FIRST USE IN COMMERCE: 20090800

IC 021. US 002 013 023 029 030 033 040 050. G & S: Cups and mugs. FIRST USE: 20090800. FIRST USE IN COMMERCE: 20090800

IC 025. US 022 039. G & S: Golf shirts; Hats; Short-sleeved or long-sleeved t-shirts; Sweat shirts. FIRST USE: 20090800. FIRST USE IN COMMERCE: 20090800

IC 041. US 100 101 107. G & S: Educating at university or colleges; Educational services, namely, conducting distance learning instruction at the secondary, college and graduate levels. FIRST USE: 20090800. FIRST USE IN COMMERCE: 20090800


Design Search Code

01.11.02 - Moons, crescent; Moons, half; Partial moons, including half moons and crescent moons (not a moon with craters)26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved27.03.01 - Geometric figures forming letters, numerals or punctuation


SHAPES-ASTRO Astronomical shapes consisting of celestial bodies, globes and geographical mapsSHAPES-BAR-BANDS Designs with bar, bands or lines

Serial Number 85047354Filing Date May 25, 2010



Current Basis 1AOriginal Filing Basis 1A



Registration Date January 18, 2011

Owner (REGISTRANT) Cayuga Community College state university NEW YORK 197 Franklin Street Auburn NEW YORK 13021

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CAYUGA" FOR INTERNATIONAL CLASSES 16, 18, 21, AND 25, AND "CAYUGA COMMUNITY COLLEGE" FOR INTERNATIONAL CLASS 41 APART FROM THE MARK AS SHOWN

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized "C" formed by three crescents positioned above the wording "CAYUGA COMMUNITY COLLEGE".

Type of Mark TRADEMARK. SERVICE MARKRegister PRINCIPALAffidavit Text SECT 8 (6-YR).Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark CCGoods and Services

IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed publications, namely, brochures, pamphlets, flyers, curricula, newspapers, programs, magazines, and study guides, pertaining to areas of interest to the college community; student course catalogs; printed instructional, educational, teaching and training materials in the field of community college study and curricula; stationery, namely, writing paper, envelopes, printed invitations, folders, pens, pencils, calendars, day planners, binders, notebooks, notepads, note cards, post cards, gift and greeting cards, desk sets, and holders for pens and pencils, photograph albums, telephone number and address books; merchandise bags; bumper stickers; decals; posters; checkbook covers; paper pennants; and paper coasters. FIRST USE: 19970212. FIRST USE IN COMMERCE: 19970212

IC 025. US 022 039. G & S: Clothing, namely, shirts, tee-shirts, sweatshirts, sweatpants, hats, caps, visors, sweaters, jackets, boxer shorts, socks, tanktops, and shorts. FIRST USE: 19970212. FIRST USE IN COMMERCE: 19970212

IC 041. US 100 101 107. G & S: Education and entertainment services, namely, providing live courses of instruction at the community college level; educational research; arranging and conducting intercollegiate athletic competitions and tournaments, organizing and conducting educational exhibitions in the areas of art, culture, technology, and other subjects of interest to the college community; arranging and conducting educational conferences, entertainment services in the nature of live musical band, orchestra, trio, symphony, choral, dance, and theater performances and live performing arts performances, and organizing and conducting cultural, art, athletic and academic festivals; online educational services, namely, providing courses of instruction at the community college level and distributing course materials in connection therewith via a global computer network. FIRST USE: 19970212. FIRST USE IN COMMERCE: 19970212

Mark Drawing Code


Design Search Code

06.03.03 - Ocean; Ripples (multiple waves); Waves, open sea (multiple waves)26.01.02 - Circles, plain single line; Plain single line circles



26.01.12 - Circles with bars, bands and lines26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved


Filing Date November 30, 2004Current Basis 1A

OriginalFiling Basis 1A

Published forOpposition September 19, 2006



Owner (REGISTRANT) Coast Community College District CORPORATION CALIFORNIA 2701 Fairview Rd. Costa Mesa CALIFORNIA 92626

Attorney of Record Martin Kosla

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a circle surround two concentric partial circles resembling the shape of waves.

Type of Mark TRADEMARK. SERVICE MARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20170206.Renewal 1ST RENEWAL 20170206Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark COASTAL LIFE FL. BRANDGoods and Services

IC 016. US 002 005 022 023 029 037 038 050. G & S: Stickers; Stickers and decalcomanias; Stickers and transfers; Bumper stickers; Decorative stickers for cars; Personalized stickers; Removable stickers

IC 025. US 022 039. G & S: Hats; Shirts; Shirts and short-sleeved shirts; Shirts for infants, babies, toddlers and children; T-shirts; Athletic shirts; Baseball caps and hats; Belts; Clothing, namely, khakis; Collared shirts; Dress shirts; Fishing shirts; Graphic T-shirts; Headwear, namely, MEN,WOMEN,CHILDREN; Hoodies; Hoods; Hunting shirts; Jackets; Jerseys; Open-necked shirts; Outerwear, namely, MEN,WOMEN,CHILDREN; Polo shirts; Short sets; Short-sleeved or long-sleeved t-shirts; Sport shirts; Sports caps and hats; Sun protective clothing, namely, men, women, children; Tee shirts; Tee-shirts; Wind shirts; Women's hats and hoods; Women's clothing, namely, shirts, dresses, skirts, blouses

Mark Drawing Code

(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM


Filing Date July 6, 2019Current Basis 1B


Owner (APPLICANT) Reyes, David F. DBA COASTAL LIFE. FL BRAND LIMITED LIABILITY COMPANY FLORIDA 10191 Oak Meadow Lane Lake Worth FLORIDA 33449

(APPLICANT) Reyes, Maria B DBA COASTAL LIFE. FL BRAND LIMITED LIABILITY COMPANY FLORIDA 10191 Oak Meadow Lane Lake Worth FLORIDA 33449



(APPLICANT) Reyes, Christopher A. DBA COASTAL LIFE. FL BRAND LIMITED LIABILITY COMPANY FLORIDA 10191 Oak Meadow Lane Lake Worth FLORIDA 33449

Description of Mark

The color(s) blue,green,yellow,black,white is/are claimed as a feature of the mark. The mark consists of COASTAL LIFE FL. BRAND.











Record 1 out of 1


Word Mark CURL BY SAMMY DUVALLGoods and Services

IC 016. US 002 005 022 023 029 037 038 050. G & S: Stickers. FIRST USE: 20071204. FIRST USE IN COMMERCE: 20071204

IC 025. US 022 039. G & S: Clothing, namely, t-shirts, sweatshirts, men's and woman's swimwear, rash guards, hats. FIRST USE: 20071204. FIRST USE IN COMMERCE: 20071204

IC 035. US 100 101 102. G & S: Retail store services featuring clothing, surfwear, jewelry, eyewear, watches, footwear, and swimwear. FIRST USE: 20071204. FIRST USE IN COMMERCE: 20071204


Design Search Code 26.01.26 - Coils ; Spirals ; Swirls


SHAPES-CIRCLE Circle figures or designs including semi-circles and incomplete circles

Serial Number 77202971Filing Date June 11, 2007Current Basis 1AOriginal Filing Basis 1B



April 7, 2009



Registration DateOwner (REGISTRANT) S.D. Sports, LLC LIMITED LIABILITY COMPANY FLORIDA P. O. Box 771033

Winter Garden FLORIDA 34777Prior Registrations 2569846

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a design of a circle wave with the words "CURL BY SAMMY DUVALL" after the design.

Type of Mark TRADEMARK. SERVICE MARKRegister PRINCIPALAffidavit Text SECT 8 (6-YR). SECTION 8(10-YR) 20190115.Renewal 1ST RENEWAL 20190115Other Data The name "SAMMY DUVALL" identifies a living individual whose consent is of record.Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark REDSEA OCEAN ADVENTURESGoods and Services

IC 016. US 002 005 022 023 029 037 038 050. G & S: Letterhead paper; Stickers. FIRST USE: 20030210. FIRST USE IN COMMERCE: 20030210

IC 025. US 022 039. G & S: Rash guards; T-shirts; tank tops. FIRST USE: 20030110. FIRST USE IN COMMERCE: 20030110

IC 039. US 100 105. G & S: Arranging travel tours; Coordinating travel arrangements for individuals and for groups; Organisation of travel; Organization of travel and boat trips; Travel and tour ticket reservation service; Travel booking agencies. FIRST USE: 20020222. FIRST USE IN COMMERCE: 20020222


Design Search Code

26.03.03 - Incomplete ovals ; Ovals, incomplete26.03.21 - Ovals that are completely or partially shaded


SHAPES-MISC Miscellaneous shaped designsSHAPES-OVALS Oval figures or designs including incomplete ovals and one or more ovals






Registration Date

September 2, 2008

Owner (REGISTRANT) Red Sea Ocean Adventures LLC LIMITED LIABILITY COMPANY HAWAII 45-730 Pilina Place Kaneohe HAWAII 96744

Attorney of Record Mihoko E. Ito

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "OCEAN ADVENTURES" APART FROM THE MARK AS SHOWN


Type of Mark TRADEMARK. SERVICE MARKRegister PRINCIPALAffidavit Text SECT 8 (6-YR). SECTION 8(10-YR) 20180907.Renewal 1ST RENEWAL 20180907Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark C.Goods and Services

IC 018. US 001 002 003 022 041. G & S: Beach bags; umbrellas; backpacks; luggage; souvenir bags; all-purpose carrying bags; tote bags; travel bags; shoulder bags; sport bags. FIRST USE: 20150630. FIRST USE IN COMMERCE: 20150630

IC 025. US 022 039. G & S: Clothing and clothing accessories, namely, long sleeve shirts, button down shirts, sarong wraps, bathing trunks, swimsuits, boxer shorts, swim covers, namely, swim cover-ups; footwear; headgear, namely, bandanas, leather hats; shirts; t-shirts; blouses; pants; jeans; jeggings, namely, pants that are partially jeans and partially leggings; leggings; shorts; capris; skirts; dresses; belts; jackets; jerseys; pajamas; undergarments; caps; hats; shoes; suits; coats; capes; vests; ponchos; bathing suits; suspenders; scarves; gloves; wraps; legwear, namely, hosiery, pantyhose, tights; sleepwear; socks; stockings; blazers; robes; slippers; headbands; hooded sweat shirts; sweat shirts; sweaters; tank tops; tops; bottoms; bathrobes; visors; baseball caps. FIRST USE: 20150630. FIRST USE IN COMMERCE: 20150630

Mark Drawing Code

(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM


Filing Date April 17, 2014Current Basis 1A






Registration Date

August 9, 2016

Owner (REGISTRANT) NP International USA, L. L. C. LIMITED LIABILITY COMPANY MINNESOTA 315 Manitoba Avenue South, Suite 300 Wayzata MINNESOTA 55391

(LAST LISTED OWNER) NP INTERNATIONAL USA, LLC LIMITED LIABILITY COMPANY MINNESOTA 315 MANITOBA AVENUE SOUTH, SUITE 300 WAYZATA MINNESOTA 55391


Attorney of Record Carol Anne Been

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a "C" wave design with a dot to the right.










Record 1 out of 1


Word Mark CROFULLGoods and Services

IC 018. US 001 002 003 022 041. G & S: Backpacks; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Briefcases; Cases of imitation leather; Frames for umbrellas or parasols; Handbags; Mesh shopping bags; Mountaineering sticks; Pocket wallets; Purses; Schoolbags; Sport bags; Travel bags; Trunks; Unfitted vanity cases; Valises. FIRST USE: 20160712. FIRST USE IN COMMERCE: 20160712


Design Search Code

21.01.25 - Airplanes, paper; Arcade games; Banks, toy; Darts; Disc, toy flying; Jack-in-the-box; Jacks (game); Noisemakers; Paper airplanes; Pinball machines; Rocking horse; Roulette wheels; Sand boxes (toys); Sand toys; Slot machines; Video game (handheld); Video game machines; Yoyos (yo-yos)26.01.03 - Circles, incomplete (more than semi-circles); Incomplete circles (more than semi-circles)26.01.21 - Circles that are totally or partially shaded.26.01.27 - Circles containing irregular exterior lining or elements not amounting to a decorative border

Serial Number 87296285Filing Date January 11, 2017Current Basis 1AOriginal Filing Basis 1A




Owner



(REGISTRANT) Hangzhou CROFULL Information and Technology Limited Company limited company (ltd.) CHINA 403, 4F, Bldg. 6#, Yinhu Innovation Ctr. No.9 Fuxianlu Rd.,Yinhu St.,Fuyang Dist. Hangzhou, Zhejiang CHINA

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the stylized wording "CROFULL" and a designed marble with a notch on its right-bottom part above the wording.










Record 1 out of 1



IC 018. US 001 002 003 022 041. G & S: backpacks, beach bags, tote bags, duffle bags. FIRST USE: 20160600. FIRST USE IN COMMERCE: 20160600


Design Search Code

01.15.13 - Ripple (single wave); Waves, single27.01.04 - Letters forming objects; Numbers forming objects; Objects composed of letters or numerals; Punctuation forming objects

Serial Number 87375529Filing Date March 17, 2017Current Basis 1AOriginal Filing Basis 1B



Registration Date May 8, 2018Owner (REGISTRANT) Costa Del Mar, Inc. CORPORATION FLORIDA 2361 Mason Avenue, Ste.

100 Daytona Beach FLORIDA 32117Attorney of Record John Cyril Malloy, IIIPrior Registrations 3273229;4520088;5027536Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the design of the individual letter "C" resembling the shape of a cresting wave.




Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark PCGoods and Services

IC 018. US 001 002 003 022 041. G & S: Leather and imitations of leather; animal skins; trunks and suitcases; wheeled suitcases and bags; handbags; backpacks; shopping bags, namely, mesh shopping bags, canvas shopping bags, leather shopping bags, textile shopping bags, wheeled shopping bags, reusable shopping bags; beach bags; school bags; bags for sports, excluding those adapted to the goods they are intended to contain; traveling bags; satchels; coin purses not of precious metal; wallets; notecases, namely, credit card cases; briefcases; leather briefcases; key cases; parasols; umbrellas; beach umbrellas; unfitted vanity cases; sling bags for carrying infants; pouch baby carriers; waist bags; garment bags for travel; hat boxes of leather

IC 025. US 022 039. G & S: Knitwear, namely, pullovers, cardigans, vests; underwear; pajamas; dressing gowns, namely, robes; sweaters; skirts; dresses; trousers; jackets; coats; raincoats; shirts; neckties; scarves; sashes for wear; veils; shawls; belts; money belts; gloves; suspenders; hats, caps being headwear; headbands; shower caps; footwear articles; socks; stockings; tights; bathing trunks and suits; bathing caps; bathing suits; clothing for sports, other than for diving, namely, sports jerseys, sports singlets, sweatpants, jogging tops, track jackets; clothing layettes; masquerade costumes; footwear for men, excluding orthopedic footwear; footwear for women, excluding orthopedic footwear; footwear for children, excluding orthopedic footwear; bedroom slippers; slippers; boots; esparto shoes or sandals; beach footwear; footwear for sports; ski boots; football boots; golf shoes; surfing shoes; running and jogging shoes; dance slippers; ballet shoes; riding boots; fencing footwear; footwear for cycling; hunting and fishing boots and waders


Design Search Code

01.15.13 - Ripple (single wave); Waves, single26.01.26 - Coils; Spirals; Swirls26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved27.03.05 - Objects forming letters or numerals

Serial Number 79221184Filing Date August 29, 2017



Current Basis 66AOriginal Filing Basis 66A

Published forOpposition June 5, 2018



1374888


Owner (REGISTRANT) M. Pierre CARDIN INDIVIDUAL FRANCE 59 rue du Faubourg Saint Honoré F-75008 PARIS FRANCE

Attorney of Record Mary Margaret L. O'Donnell

Description of Mark Color is not claimed as a feature of the mark. The mark consists of a wave forming the letters "PC".










Record 1 out of 1


Word Mark PURSETTIGoods and Services

IC 018. US 001 002 003 022 041. G & S: Tote bags. FIRST USE: 20160622. FIRST USE IN COMMERCE: 20160915


Design Search Code

01.15.13 - Ripple (single wave); Waves, single26.01.26 - Coils; Spirals; Swirls26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved27.03.01 - Geometric figures forming letters, numerals or punctuation


Owner (APPLICANT) Chidester Enterprises LLC LIMITED LIABILITY COMPANY WYOMING 6970 Welford Pl Castle Pines COLORADO 80108

Attorney of Record Jason R. Lee

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the wording "PURSETTI" where the stylized letter "P" resembles a wave that is composed of three curved lines.












Record 1 out of 1


Word Mark REFURMITranslations The wording "REFURMI" has no meaning in a foreign language.Goods and Services

IC 018. US 001 002 003 022 041. G & S: Backpacks; Handbags; Handbags for ladies; Small bags for men


Design Search Code

01.15.13 - Ripple (single wave) ; Waves, single06.03.03 - Ocean ; Ripples (multiple waves) ; Waves, open sea (multiple waves)26.05.15 - Four or more triangles ; Triangles - four or more26.05.25 - Triangles with one or more curved sides26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved

Serial Number 87715028Filing Date December 11, 2017Current Basis 1BOriginal Filing Basis 1A


Owner (APPLICANT) YIWU CITY ZAICON TRADE CO., LTD limited company (ltd.) CHINA Rm 302, Unit 2, Bldg 47, Xiafu district Jiangdong Street Yiwu, Zhejiang CHINA 322000

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the stylized wording "REFURMI" where the letter "R" is stylized to resemble a breaking wave.












Record 1 out of 1


Word Mark WAVESGoods and Services

IC 018. US 001 002 003 022 041. G & S: All-purpose carrying bags. FIRST USE: 20130528. FIRST USE IN COMMERCE: 20130528


Design Search Code

01.15.13 - Ripple (single wave); Waves, single21.03.27 - Body boards; Snowboards; Surfboards26.03.21 - Ovals that are completely or partially shaded

Serial Number 85853439Filing Date February 19, 2013Current Basis 1AOriginal Filing Basis 1B



Registration Date February 25, 2014

Owner (REGISTRANT) Surf-In-It, LLC LIMITED LIABILITY COMPANY VIRGINIA 9280 Peachtree Street Norfolk VIRGINIA 23503

Attorney of Record Duncan G Byers

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized wave in the shape of an oval containing the stylized word "Waves" in the center and a stylized surfboard in the oval with the letters "av" of the word "Waves" partially superimposed on the stylized surfboard.













Record 1 out of 1


Goods and Services IC 018. US 001 002 003 022 041. G & S: Backpacks; Tote bags; Umbrellas. FIRST USE: 20150618. FIRST USE IN COMMERCE: 20150618

IC 025. US 022 039. G & S: Hats; Hooded sweatshirts; Sweatshirts; T-shirts. FIRST USE: 20150618. FIRST USE IN COMMERCE: 20150618

Mark Drawing Code (2) DESIGN ONLYDesign Search Code

01.15.13 - Ripple (single wave); Waves, single26.01.01 - Circles as carriers or as single line borders


Published for Opposition December 8, 2015


Registration Date April 4, 2017Owner (REGISTRANT) Perry, Sandy INDIVIDUAL UNITED STATES 585 Hyde Park Dr San Jose

CALIFORNIA 95136Description of Mark Color is not claimed as a feature of the mark. The mark consists of a circle with a wave

curling to the right.Type of Mark TRADEMARKRegister PRINCIPALLive/Dead Indicator LIVE











Record 1 out of 1


Goods and Services

IC 018. US 001 002 003 022 041. G & S: athletic travel bags, backpacks and tote bags made of nylon or canvas. FIRST USE: 19970101. FIRST USE IN COMMERCE: 19970101

IC 025. US 022 039. G & S: sportswear, namely, jackets, pants, shirts, t-shirts, jerseys, shorts, sweatpants, sweatshirts, socks, caps, socks, tank tops, undergarments, skorts, aprons, visors, headbands, tops; belts. FIRST USE: 19970101. FIRST USE IN COMMERCE: 19970101


Design Search Code

01.15.13 - Ripple (single wave); Waves, single26.05.21 - Triangles that are completely or partially shaded

Serial Number 87088684Filing Date June 29, 2016Current Basis 1AOriginal Filing Basis 1A




Owner (REGISTRANT) Augusta Sportswear, Inc. CORPORATION DELAWARE 425 Park West Drive Augusta GEORGIA 30813

Attorney of Record Krystal Witter

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a triangle with a depiction of an ocean wave superimposed thereon.












Record 1 out of 1


Word Mark DIVE N' SURFGoods and Services

IC 024. US 042 050. G & S: Towels; beach towels. FIRST USE: 19910101. FIRST USE IN COMMERCE: 19910101

IC 025. US 022 039. G & S: Clothing, namely, shirts, t-shirts, sweatshirts, shorts, board shorts, beach and swim cover-ups, swimwear, hats, footwear; wetsuits. FIRST USE: 19800101. FIRST USE IN COMMERCE: 19800101

IC 035. US 100 101 102. G & S: Retail store services and online retail store services featuring clothing, wetsuits and towels. FIRST USE: 19530000. FIRST USE IN COMMERCE: 19530000


Design Search Code

01.15.13 - Ripple (single wave); Waves, single26.03.21 - Ovals that are completely or partially shaded





Owner (REGISTRANT) Dive N' Surf, Inc. CORPORATION CALIFORNIA 504 North Broadway Redondo Beach CALIFORNIA 90277Peter B. Bromaghim



Attorney of RecordDescription of Mark

Color is not claimed as a feature of the mark. The mark consists of an oval shape enclosing an image of a wave and the words "DIVE N' SURF".










Record 1 out of 1


Word Mark BLUE LAVAGoods and Services

IC 025. US 022 039. G & S: Clothing, namely, jeans, t-shirts, collared shirts, hooded sweatshirts, socks, jackets, hats, and beanies. FIRST USE: 20040923. FIRST USE IN COMMERCE: 20041015


Design Search Code

01.15.13 - Ripple (single wave); Waves, single06.03.03 - Ocean; Ripples (multiple waves); Waves, open sea (multiple waves)


Filing Date December 18, 2015Current Basis 1AOriginal Filing Basis 1A

Published forOpposition May 10, 2016


Registration Date July 26, 2016

Owner (REGISTRANT) Blue Lava Seth Peralta, USA SOLE PROPRIETORSHIP CALIFORNIA 2nd Floor 530 Lytton Ave Palo Alto CALIFORNIA 94301

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a wave inspired object above the text "Blue Lava". The object contains 3 elements, 2 of which are crescent shaped, while the other element is more upside down hooked shaped. All these elements combined form the object portion of the logo. The text "BLUE LAVA" is centered below the aforementioned object and is stylized with the "LAVA" portion having the "L" intersecting the "A". The "AVA" portion of "LAVA" is slightly offset with the rest of the "BLUE L" in-line text.












Record 1 out of 1


Word Mark C TIDESGoods and Services

IC 025. US 022 039. G & S: Hats; Shoes; Socks; T-shirts. FIRST USE: 20150812. FIRST USE IN COMMERCE: 20151102


Design Search Code 06.03.03 - Ocean; Ripples (multiple waves); Waves, open sea (multiple waves)

Serial Number 87184301Filing Date September 27, 2016Current Basis 1AOriginal Filing Basis 1B



Registration Date November 21, 2017Owner (REGISTRANT) COSTALES-SANTIAGO SALES, INC CORPORATION FLORIDA 5924 Siena

Lane Hollywood FLORIDA 33021Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a letter "C" in the form of a wave on top of the word "TIDES", which forms the brand name as "C TIDES".












Record 1 out of 1


Word Mark CALIFORNIA SURFGoods and Services

IC 025. US 022 039. G & S: Clothing bearing defunct sports team logos, namely t-shirts, sweatshirts, jerseys, hats, and caps. FIRST USE: 20020915. FIRST USE IN COMMERCE: 20020915


Design Search Code

01.01.03 - Star - a single star with five points01.15.13 - Ripple (single wave); Waves, single21.03.01 - Balls including playground balls, beach balls, billiard balls, tennis balls, bingo balls and lottery balls; Beach balls; Billiard balls; Bingo balls; Lottery balls; Paddle balls; Playground balls; Table tennis balls; Tennis balls21.03.15 - Soccer balls; Volleyballs26.01.21 - Circles that are totally or partially shaded.26.11.03 - Incomplete rectangles; Rectangles (incomplete)26.11.21 - Rectangles that are completely or partially shaded





Owner (REGISTRANT) C. S. Anderson Enterprises, Inc. CORPORATION TEXAS 5450 Emerson Ave Dallas TEXAS 75209



(LAST LISTED OWNER) NORTH AMERICAN SOCCER LEAGUE, LLC LIMITED LIABILITY COMPANY DELAWARE 112 West 34th Street, Suite 2110 New York NEW YORK 10120


Attorney of Record Sarah M. Robertson

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE CALIFORNIA SURF APART FROM THE MARK AS SHOWN


Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 8 (6-YR). SECTION 8(10-YR) 20160913.Renewal 1ST RENEWAL 20160913Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark CROFULLGoods and Services

IC 025. US 022 039. G & S: Anti-sweat underclothing; Camisoles; Caps; Down jackets; Down suits; Fishing vests; Frocks; Gloves; Hats; Scarfs; Shirts; Shoes; Smocks; Sweaters; Tights; Uniforms; Wind coats; Bottoms; Leather belts; Tops. FIRST USE: 20161028. FIRST USE IN COMMERCE: 20161028


Design Search Code

21.01.25 - Airplanes, paper; Arcade games; Banks, toy; Darts; Disc, toy flying; Jack-in-the-box; Jacks (game); Noisemakers; Paper airplanes; Pinball machines; Rocking horse; Roulette wheels; Sand boxes (toys); Sand toys; Slot machines; Video game (handheld); Video game machines; Yoyos (yo-yos)26.01.03 - Circles, incomplete (more than semi-circles); Incomplete circles (more than semi-circles)26.01.27 - Circles containing irregular exterior lining or elements not amounting to a decorative border





Owner



(REGISTRANT) Hangzhou CROFULL Information and Technology Limited Company limited company (ltd.) CHINA 403, 4F, Bldg. 6#, Yinhu Innovation Ctr. No.9 Fuxianlu Rd.,Yinhu St.,Fuyang Dist. Hangzhou, Zhejiang CHINA

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the stylized wording "CROFULL" and a designed marble with a notch on its right-bottom part above the wording.










Record 1 out of 1


Word Mark GALU TOATranslations The English translation of "GALU TOA" in the mark is "WAVE WARRIOR".Goods and Services

IC 025. US 022 039. G & S: Hoodies; pullovers; shoes; shorts; sweaters; swim suits; T-shirts; jackets. FIRST USE: 20170902. FIRST USE IN COMMERCE: 20171103


Design Search Code

01.15.13 - Ripple (single wave); Waves, single01.15.18 - More than one drop including teardrops or raindrops; multiple drops (rain, tear, etc.); Raindrops (more than a single drop); Teardrops (more than a single drop)02.01.02 - Men depicted as shadows or silhouettes of men; Silhouettes of men02.01.19 - Athletes (men); Golfer; Men, athletes, strongmen; Strongmen02.09.19 - Diving, humans; Humans, including men, women and children, depicted playing games or engaged in other sports; Playing games or sports, humans21.03.27 - Body boards; Snowboards; Surfboards

Serial Number 87684847Filing Date November 14, 2017Current Basis 1AOriginal Filing Basis 1A

Published for Opposition April 10, 2018


Registration Date June 26, 2018

Owner (REGISTRANT) Meilani Elizabeth Millan INDIVIDUAL UNITED STATES 160 columbine Dr. Apt 4 Casper WYOMING 82604



Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the silhouette of a surfer with tattooed left leg. A highly stylized wave featuring Maori design curls from left over top of the surfer, with two large water drops left of the wave. The words "GALU TOA" in stylized letters are centered below the design.










Record 1 out of 1


Word Mark GGoods and Services

IC 025. US 022 039. G & S: Bikinis; Dresses; Ladies' underwear; Men's underwear; Swimsuits; T-shirts; Wetsuits; Women's underwear. FIRST USE: 20140110. FIRST USE IN COMMERCE: 20140110


Design Search Code

01.15.13 - Ripple (single wave); Waves, single27.03.05 - Objects forming letters or numerals

Serial Number 86098859Filing Date October 23, 2013Current Basis 1AOriginal Filing Basis 1B



Registration Date January 19, 2016Owner (REGISTRANT) Alion Consulting LTD CORPORATION UNITED KINGDOM 2ND Floor 167-169

Great Portland Street London UNITED KINGDOM W1W5PFAttorney of Record James Michael Smedley, Esq.

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized letter "G" with wave shaped endpoints.




Live/Dead Indicator

LIVE









Record 1 out of 1


Word Mark JGoods and Services

IC 025. US 022 039. G & S: Clothing, namely, shirts, t-shirts, tank tops, tops, bottoms, shorts, swimwear, rashguards, board shorts, swim trunks, sweat shirts, hooded sweatshirts, jackets, sweatpants, headwear, hats, caps being headwear

IC 041. US 100 101 107. G & S: organizing, arranging and conducting surf competitions and surfing events; entertainment services, namely, contest and incentive award programs designed to reward program participants who surf; organizing, arranging and conducting athletic competitions, exhibitions, community festivals and cultural events, in the nature of surf competitions and surfing events featuring live concerts, DJs, and visual and audio performances; Sports instruction services, namely, surfing instruction in the nature of surfing clinics, individual training, camps, sports clinics and group surfing

Mark Drawing Code


Design Search Code

02.01.02 - Men depicted as shadows or silhouettes of men ; Silhouettes of men02.09.19 - Diving, humans ; Humans, including men, women and children, depicted playing games or engaged in other sports ; Playing games or sports, humans06.03.03 - Ocean ; Ripples (multiple waves) ; Waves, open sea (multiple waves)21.03.27 - Body boards ; Snowboards ; Surfboards26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved27.03.05 - Objects forming letters or numerals


Filing Date May 18, 2018Current Basis 1B





November 6, 2018

Owner (APPLICANT) RRG, LLC LIMITED LIABILITY COMPANY HAWAII P.O. Box 790626 Paia HAWAII 96779

Attorney of Record Eric L. Tanezaki

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of stylized letter "J", where the hook of the letter "J" creates a design element of four curved lines to appear as curled waves and a silhouette of a man on a surfboard riding the waves.










Record 1 out of 1


Word Mark KAHUNA PADDLEBOARDSGoods and Services

IC 025. US 022 039. G & S: Clothing, namely, t-shirts, sweatshirts, shirts, jackets, rash guards; clothing accessories, namely, hats

IC 028. US 022 023 038 050. G & S: Paddleboards, foil paddleboards, hydrofoil paddleboards; paddleboard paddles; paddleboard accessories, namely, paddleboard fins, leashes, deck pads, tie-down straps specifically designed for storing and transporting paddleboards, rack pads specifically designed for storing and transporting paddleboards, soft racks specifically designed for storing and transporting paddleboards, tail gate pads specifically designed for storing and transporting paddleboards; paddleboard bags

Mark Drawing Code


Design Search Code

01.15.13 - Ripple (single wave) ; Waves, single26.03.01 - Ovals as carriers and single line borders


Filing Date August 31, 2017Current Basis 1B

OriginalFiling Basis 1B;44E

Published forOpposition March 6, 2018

Owner (APPLICANT) Kahuna Paddleboards Inc. CORPORATION CANADA 2853 Clifftop Lane Whistler, BC CANADA V0N1B2

Attorney of Record Marina Lang



Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PADDLEBOARDS" APART FROM THE MARK AS SHOWN











Record 1 out of 1


Word Mark KAHUNA PADDLEBOARDSGoods and Services

IC 025. US 022 039. G & S: Clothing, namely, t-shirts, sweatshirts, shirts, jackets, rash guards; clothing accessories, namely, hats

IC 028. US 022 023 038 050. G & S: Paddleboards, foil paddleboards, hydrofoil paddleboards; paddleboard paddles; paddleboard accessories, namely, paddleboard fins, leashes, deck pads, tie-down straps specifically designed for storing and transporting paddleboards, rack pads specifically designed for storing and transporting paddleboards, soft racks specifically designed for storing and transporting paddleboards, tail gate pads specifically designed for storing and transporting paddleboards; paddleboard bags

Mark Drawing Code


Design Search Code

01.15.13 - Ripple (single wave) ; Waves, single26.03.01 - Ovals as carriers and single line borders


Filing Date August 31, 2017Current Basis 1B

OriginalFiling Basis 1B;44E

Published forOpposition March 13, 2018

Owner (APPLICANT) Kahuna Paddleboards Inc. CORPORATION CANADA 2853 Clifftop Lane Whistler, BC CANADA V0N1B2

Attorney of Record Marina Lang



Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PADDLEBOARDS" APART FROM THE MARK AS SHOWN











Record 1 out of 1


Word Mark KOLOA SURF COMPANYGoods and Services

IC 025. US 022 039. G & S: Clothing, namely, T-Shirts, hats, Pants, and shorts. FIRST USE: 20150101. FIRST USE IN COMMERCE: 20150101


Design Search Code

01.15.13 - Ripple (single wave) ; Waves, single06.03.03 - Ocean ; Ripples (multiple waves) ; Waves, open sea (multiple waves)

Serial Number 86475082Filing Date December 9, 2014Current Basis 1AOriginal Filing Basis 1B




Owner (REGISTRANT) JOESUSA LLC LIMITED LIABILITY COMPANY CALIFORNIA 23461 RIDGE ROUTE DR. UNIT I LAGUNA HILLS CALIFORNIA 92653

(LAST LISTED OWNER) JOES, INC. CORPORATION CALIFORNIA 23461 RIDGE ROUTE DRIVE, UNIT I LAGUNA HILLS CALIFORNIA 92653


Attorney of Record Eric L. Tanezaki



Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "KOLOA SURF COMPANY" APART FROM THE MARK AS SHOWN

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a wave above the stylized wording "KOLOA" with a specialized letter "A" in the word. The stylized wording "SURF COMPANY" appears with a straight line before the word "SURF" and after the word "COMPANY" and all of this appears below the word "KOLOA".










Record 1 out of 1


Word Mark LAGUNAGoods and Services

IC 025. US 022 039. G & S: Swim suits; Swim wear; T-shirts. FIRST USE: 20130400. FIRST USE IN COMMERCE: 20130400


Design Search Code

01.15.13 - Ripple (single wave); Waves, single26.13.02 - Plain single or multiple line quadrilaterals; Quadrilaterals (single line or multiple line)26.13.14 - Quadrilateral (three or more quadrilaterals); Three or more quadrilaterals26.13.21 - Quadrilaterals that are completely or partially shaded

Serial Number 86688133Filing Date July 9, 2015Current Basis 1AOriginal Filing Basis 1A



Registration Date January 12, 2016Owner (REGISTRANT) R. Josephs Licensing Inc. CORPORATION CALIFORNIA Suite 333 16350

Ventura Boulevard Encino CALIFORNIA 914365310Attorney of Record Timothy T. TysonPrior Registrations 0606116;1050106;1541125Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the word "LAGUNA" with the design of a crashing wave to the right side inside three rhombus.













Record 1 out of 1


Word Mark LIQUID ATHLETEGoods and Services

IC 025. US 022 039. G & S: Clothing, namely, tops, shorts, pants, sweatshirts, hooded sweatshirts, hats, jackets. FIRST USE: 20180901. FIRST USE IN COMMERCE: 20180901


Design Search Code 01.15.13 - Ripple (single wave) ; Waves, single

Serial Number 87906401Filing Date May 3, 2018Current Basis 1AOriginal Filing Basis 1B


Owner (APPLICANT) Trent Bender INDIVIDUAL UNITED STATES c/o Laski Law 15332 Antioch St., Ste 125 Pacific Palisades CALIFORNIA 90272

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ATHLETE" APART FROM THE MARK AS SHOWN

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a wave and the words "LIQUID ATHLETE".



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Record 1 out of 1


Word Mark LVZIJUNTranslations The wording LVZIJUN has no meaning in a foreign language.Goods and Services

IC 025. US 022 039. G & S: Ankle socks; Baby layettes for clothing; Bathing caps; Bathing trunks; Beach shoes; Caps being headwear; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Cyclists' jerseys; Down jackets; Dresses; Footwear; Hats; Knit dresses; Knit shirts; Knit skirts; Pullovers; Pyjamas; Shirts; Shoes; Skirts; Sleepwear; Slippers; Sports jerseys; Stockings; Sweaters; Swim trunks; Swimsuits; Tee-shirts; Trousers; Underclothing; Wind coats. FIRST USE: 20190312. FIRST USE IN COMMERCE: 20190312

Mark Drawing Code




Filing Date June 25, 2019Current Basis 1A


Owner (APPLICANT) Quanzhou Haiyuan Clothing Co., Ltd. LIMITED LIABILITY COMPANY CHINA No. 199, East Section, Zhongxing Road Dingke, Yushan Village, Jinjiang City Quanzhou, Fujian CHINA 362200

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a wave-like design on the left, surrounded by the letters "LVZIJ" and English wording "LVZIJUN" on the right.













Record 1 out of 1


Word Mark MALIBU BRANDSGoods and Services

IC 025. US 022 039. G & S: Baseball caps; Hats; Hoodies; Jackets; Pants; Shirts; Sweatshirts; Swimwear; T-shirts


Design Search Code

01.15.13 - Ripple (single wave) ; Waves, single26.01.11 - Circles comprised of animals ; Circles comprised of geometric figures ; Circles comprised of humans ; Circles comprised of letters or numerals ; Circles comprised of plants ; Circles comprised of punctuation ; Letters, numerals, punctuation, geometric figures, objects, humans, plants or animals comprising a circle

Serial Number 88243444Filing Date December 27, 2018Current Basis 1BOriginal Filing Basis 1B


Owner (APPLICANT) Med-X, Inc. CORPORATION NEVADA 8236 Remmet Ave. Canoga Park CALIFORNIA 91304

Attorney of Record Eric W. Hagen

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MALIBU" OR "BRANDS" APART FROM THE MARK AS SHOWN

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a wave in a circle above which is the word "MALIBU" and below which is the word "BRANDS".




Live/Dead Indicator

LIVE









Record 1 out of 1


Word Mark ORIGINGoods and Services

IC 025. US 022 039. G & S: Martial arts uniforms; T-shirts; Pants; Hats; Shorts; all of the foregoing are for use in connection with Brazilian Jiu Jitsu or are related to the Brazilian-Jiu-Jitsu lifestyle and are sold exclusively through stores and online sites dedicated to selling Brazilian-Jiu-Jitsu products or other stores or sites that typically sell such products. FIRST USE: 20140101. FIRST USE IN COMMERCE: 20140101



Serial Number 86524803Filing Date February 4, 2015Current Basis 1AOriginal Filing Basis 1A




Owner (REGISTRANT) ORIGIN BJJ, LLC LIMITED LIABILITY COMPANY MAINE 26 CHURCH STREET INDUSTRY MAINE 04938

Attorney of Record Derek A. Simpson

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a circular wave in the upper part of the logo. The letters below read "ORIGIN".












Record 1 out of 1


Word Mark RIDING THE WAVEGoods and Services

IC 025. US 022 039. G & S: Clothing, namely, shirts, shorts, bathing suits, jackets, sweatshirts and golf hats. FIRST USE: 20100101. FIRST USE IN COMMERCE: 20130630


Design Search Code

01.15.13 - Ripple (single wave); Waves, single26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)26.17.04 - Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s)26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal




Registration Date June 24, 2014

Owner (REGISTRANT) Stratosphere, L.L.C. LIMITED LIABILITY COMPANY PENNSYLVANIA 611 Rose Lane Bryn Mawr PENNSYLVANIA 19010

Description of Mark

The color(s) white and light, medium and dark blue is/are claimed as a feature of the mark. The mark consists of stylized wave design in light, medium and dark blue and the wording "RIDING THE WAVE" in capital lettering appearing below the design element. The wave is superimposed on a dark blue cross of intersecting lines. The wording "RIDING THE" are in dark blue and "WAVE" is in light blue. The entire mark is on a white background.












Record 1 out of 1


Word Mark ROLLIN' BLUGoods and Services

IC 025. US 022 039. G & S: Beachwear. FIRST USE: 20150715. FIRST USE IN COMMERCE: 20160125

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERSDesign Search Code 01.15.13 - Ripple (single wave); Waves, single




Registration Date May 24, 2016Owner (REGISTRANT) Martinez, Jr., Rudolph INDIVIDUAL UNITED STATES 3435 Ocean Park

Blvd. #107, PMB 601 Santa Monica CALIFORNIA 90405Description of Mark Color is not claimed as a feature of the mark. The mark consists of the stylized text "ROLLIN'

BLU" embedded in an ocean wave shaped graphic.Type of Mark TRADEMARKRegister PRINCIPALLive/Dead Indicator LIVE











Record 1 out of 1


Word Mark SURF STASHGoods and Services

IC 025. US 022 039. G & S: Wearable strap-on bands, namely, leg bands, wrist bands, chest bands, and waist bands as clothing for water sports

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERSDesign Search Code 01.15.13 - Ripple (single wave) ; Waves, single

Serial Number 87612144Filing Date September 18, 2017Current Basis 1BOriginal Filing Basis 1B


Owner (APPLICANT) SURF STASH, LLC LIMITED LIABILITY COMPANY FLORIDA No. 101 5224 W. SR 46 Sanford FLORIDA 32771

Attorney of Record Christopher M. RamseyDisclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SURF" APART FROM THE

MARK AS SHOWNDescription of Mark Color is not claimed as a feature of the mark. The mark consists of the words "SURF STASH"

in stylized font adjacent a wave design.Type of Mark TRADEMARKRegister PRINCIPALLive/Dead Indicator LIVE











Record 1 out of 1


Word Mark TSUNAMIGoods and Services

IC 025. US 022 039. G & S: outerwear, namely jackets, pants; headwear; sportswear, namely shorts, T-shirts, skirts; and footwear, namely shoes, boots and sneakers. FIRST USE: 19940800. FIRST USE IN COMMERCE: 19940800


Design Search Code 01.15.13 - Ripple (single wave); Waves, single

Serial Number 75017771Filing Date November 13, 1995Current Basis 1AOriginal Filing Basis 1A



Registration Date November 19, 1996Owner (REGISTRANT) Tsunami Softgoods, Inc. CORPORATION UTAH 1821 SIDEWINDER DR. Park

City UTAH 84060

(LAST LISTED OWNER) FERRER, JOSE MARIA LLINAS INDIVIDUAL SPAIN DOLORS MASFERRER, 36 BAJOS BARCELONA SPAIN 08028


Attorney of Record Lawrence E. Abelman



Prior Registrations

1563459










Record 1 out of 1


Word Mark CARD DESTRUCTIONGoods and Services

(ABANDONED) IC 028. US 022 023 038 050. G & S: Stand-alone video game machines; hand-held units for playing electronic games; board games and instructional manuals sold as a unit therewith; card games; dice; promotional game materials; game equipment, namely, chips; toys, namely, action figures, dolls and playsets therefor


Serial Number 76253317Filing Date May 4, 2001Current Basis 1BOriginal Filing Basis 1B


Owner (APPLICANT) KONAMI CORPORATION CORPORATION JAPAN 4-3-1 Toranomon Minato-ku, Tokyo JAPAN

Attorney of Record JEFFREY H. KAUFMAN

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CARD" APART FROM THE MARK AS SHOWN

Type of Mark TRADEMARKRegister PRINCIPALLive/Dead Indicator DEAD

Abandonment Date April 9, 2005











Record 1 out of 1


Goods and Services

IC 025. US 022 039. G & S: Bikinis; Board shorts; Coverups; Dresses; Rash guards; Shirts; Shorts; Swimsuits; T-shirts. FIRST USE: 20020000. FIRST USE IN COMMERCE: 20020000


Design Search Code 01.15.13 - Ripple (single wave); Waves, single




Registration Date November 8, 2011Owner (REGISTRANT) Banana Split USA, Inc. CORPORATION FLORIDA 1210 Stirling Road #7B

Dania FLORIDA 33004Attorney of Record Craig O. Correll

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a cartoon version of a highly stylized breaking wave.

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR).

LIVE



Live/Dead Indicator









Record 1 out of 1


Goods and Services IC 025. US 022 039. G & S: Beachwear; Hats; T-shirts. FIRST USE: 20130406. FIRST USE IN COMMERCE: 20130406

IC 028. US 022 023 038 050. G & S: Stand-up surf paddles. FIRST USE: 20110720. FIRST USE IN COMMERCE: 20110720

Mark Drawing Code (2) DESIGN ONLYDesign Search Code 01.15.13 - Ripple (single wave); Waves, singleSerial Number 86635500Filing Date May 21, 2015Current Basis 1AOriginal Filing Basis 1APublished for Opposition October 13, 2015

Registration Number 4877407Registration Date December 29, 2015Owner (REGISTRANT) Ke Nalu Inc. CORPORATION OREGON 1767 12th St. #148 Hood River

OREGON 97031Attorney of Record Gene BolmarcichDescription of Mark Color is not claimed as a feature of the mark. The mark consists of the design of a wave.Type of Mark TRADEMARKRegister PRINCIPALLive/Dead Indicator LIVE


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Record 1 out of 1


Goods and Services

IC 025. US 022 039. G & S: Bandanas; Belts for clothing; Blazers; Coats; Footwear; Gloves; Hats; Headwear; Hoodies; Jackets; Jeans; Pajamas; Pants; Raincoats; Robes; Scarfs; Shirts; Shoes; Shorts; Socks; Suits; Suspenders; Sweat bands; Sweat pants; Sweat shirts; Sweaters; Swimsuits; T-shirts; Tank tops; Ties as clothing


Design Search Code

06.03.03 - Ocean ; Ripples (multiple waves) ; Waves, open sea (multiple waves)26.01.02 - Circles, plain single line ; Plain single line circles

Serial Number 88051909Filing Date July 25, 2018Current Basis 1BOriginal Filing Basis 1B


Owner (APPLICANT) NoNetz Inc. CORPORATION NEW YORK P.O. Box 762 Carmel NEW YORK 10512Attorney of Record Richard S. Finkelstein

Description of Mark Color is not claimed as a feature of the mark. The mark consists of a breaking wave within a circle.












Record 1 out of 1


Word Mark NORTHCOREGoods and Services

IC 028. US 022 023 038 050. G & S: Bags specially adapted for sports equipment; Cases specially adapted for sports equipment; Fitness equipment, namely, straps used for yoga and other fitness activities and for carrying a yoga mat; Storage racks for ski and sports equipment; Storage racks for water sports equipment; Surfboard fins; Surfboard storage rack


Design Search Code

01.15.13 - Ripple (single wave); Waves, single26.01.02 - Circles, plain single line; Plain single line circles

Serial Number 86900228Filing Date February 8, 2016Current Basis 44EOriginal Filing Basis 44E




Owner (REGISTRANT) Northcore Limited DBA Northcore LIMITED LIABILITY COMPANY UNITED KINGDOM Unit 3, Meridian Centre Belvoir Way, Fairfield Industrial Estate Louth, Lincolnshire UNITED KINGDOM LN110LQ

Description of Mark

The color(s) black, red is/are claimed as a feature of the mark. The mark consists of a red wave shaped icon within a red circle positioned to the left hand side of the logo design abutting the text name of the mark "NORTHCORE" which has all letters in black. All letters and marks are adjoining to create a single mark.












Record 1 out of 1


Goods and Services

IC 028. US 022 023 038 050. G & S: Goalkeepers' gloves; Soccer balls. FIRST USE: 20121122. FIRST USE IN COMMERCE: 20121214

IC 035. US 100 101 102. G & S: Retail store and online retail store services featuring a wide variety of athletic wear, athletic equipment, soccer wear, soccer equipment, soccer accessories, soccer training equipment, sport bags, and soccer goalkeepers' gloves, apparel, and training gear. FIRST USE: 20121122. FIRST USE IN COMMERCE: 20121214


Design Search Code

06.03.03 - Ocean ; Ripples (multiple waves) ; Waves, open sea (multiple waves)26.01.01 - Circles as carriers or as single line borders

Serial Number 88112105Filing Date September 11, 2018Current Basis 1AOriginal Filing Basis 1A




Owner (REGISTRANT) WEST COAST ATHLETIC, LLC LIMITED LIABILITY COMPANY WASHINGTON Suite 3A 23220 Maple Valley Black Diamo Maple Valley WASHINGTON 98038

Attorney of Record Ruth Khalsa


9/20/2019http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4809:d2veg6.2.1

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of stylized image of a circle with two waves inside it.










Record 1 out of 1


Goods and Services

IC 025. US 022 039. G & S: Clothing, namely, shirts, t-shirts, shorts, jackets, bathing suits, bathing trunks, swim wear, swim suits; headgear, namely, hats, caps, sun visors. FIRST USE: 20100910. FIRST USE IN COMMERCE: 20100910

IC 028. US 022 023 038 050. G & S: Stand up paddle boards, and related accessories, namely, paddles, paddle board leashes and bags especially designed for carrying stand up paddle boards and paddles. FIRST USE: 20100910. FIRST USE IN COMMERCE: 20100910


Design Search Code

01.11.02 - Moons, crescent; Moons, half; Partial moons, including half moons and crescent moons (not a moon with craters)06.03.03 - Ocean; Ripples (multiple waves); Waves, open sea (multiple waves)26.01.02 - Circles, plain single line; Plain single line circles

Serial Number 85949051Filing Date June 3, 2013Current Basis 1AOriginal Filing Basis 1A




Owner (REGISTRANT) Bluerush Boardsports, LLC LIMITED LIABILITY COMPANY CALIFORNIA 1201 Bridgeway, Suite C Sausalito CALIFORNIA 94965

Attorney of Record Andrew M. Smith



Description of Mark

Color is not claimed as a feature of the mark. The mark consists of two semicircles forming waves that are within a circle










Record 1 out of 1


Goods and Services

IC 016. US 002 005 022 023 029 037 038 050. G & S: PRINTS AND PUBLICATIONS, NAMELY, BROCHURES, PAMPHLETS, MAGAZINES, POSTERS, NEWSLETTERS AND FREE-STANDING INSERTS FURNISHING TRAVEL INFORMATION AND INFORMATION RELATING TO THE LOCATION AND SERVICES OF SKI AND SNOWBOARDING FACILITIES, AND PUBLICIZING COLORADO SKI AND SNOWBOARDING FACILITIES GENERALLY. FIRST USE: 20010600. FIRST USE IN COMMERCE: 20010600

IC 035. US 100 101 102. G & S: DISSEMINATION OF ADVERTISING MATTER FOR SKI AND SNOWBOARDING FACILITIES, SAID SERVICES INCLUDING DISSEMINATING INFORMATION RELATIVE TO TRANSPORTATION TO THE FACILITIES, FOOD, HOUSING AND OTHER AMENITIES AT THE FACILITIES, AND OTHER TYPES OF PRINTED AND ONLINE ADVERTISING INFORMATION. FIRST USE: 20010600. FIRST USE IN COMMERCE: 20010600

IC 042. US 100 101. G & S: ASSOCIATION SERVICES, NAMELY, PROMOTING THE INTERESTS OF SKI AND SNOWBOARD RESORTS, SKI AND SNOWBOARD AREA TOWNS AND RELATED BUSINESSES. FIRST USE: 20010600. FIRST USE IN COMMERCE: 20010600


Design Search Code

26.03.13 - Ovals, exactly two (not concentric); Two ovals26.03.17 - Concentric ovals; Concentric ovals and ovals within ovals; Ovals within ovals; Ovals, concentric26.03.21 - Ovals that are completely or partially shaded


Published forOpposition October 8, 2002



Registration Number

2780127


Owner (REGISTRANT) Colorado Ski Country U.S.A., Inc. CORPORATION COLORADO 1444 Wazee Street, Suite 320 Denver COLORADO 80202

Attorney of Record Miriam D. Trudell


Type of Mark TRADEMARK. SERVICE MARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20131101.Renewal 1ST RENEWAL 20131101Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark E ESCHLERGoods and Services

IC 024. US 042 050. G & S: Warp-knitted and knitted fabrics for manufacturing clothes, knitted fabric; woven fabric

IC 025. US 022 039. G & S: Clothing, namely shirts, pants, jackets; underwear, sports clothing, namely shirts, pants, jackets; footwear, hosiery


Design Search Code

26.01.06 - Circles, semi ; Semi-circles26.01.21 - Circles that are totally or partially shaded.26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(s) or bar(s) ; Lines, curved27.03.01 - Geometric figures forming letters, numerals or punctuation


LETS-1 E A single letter, multiples of a single letter or in combination with a designSHAPES-BAR-BANDS Designs with bar, bands or linesSHAPES-CIRCLE Circle figures or designs including semi-circles and incomplete circles





0917139



Registration Date

December 4, 2007

Owner (REGISTRANT) Christian Eschler AG Société anonyme SWITZERLAND Nohblaken CH-9055 Bühler Bühler SWITZERLAND

(LAST LISTED OWNER) Schoeller Textil AG Aktiengesellschaft Bahnhofstrasse 17 CH-9475 Sevelen SWITZERLAND

Priority Date November 20, 2006Description of Mark Color is not claimed as a feature of the mark.

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECTION 71. SECTION 71Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark C COREGoods and Services

IC 025. US 022 039. G & S: Bottoms; Jackets; Pants; Shorts; Sweat shorts; Sweatpants; Sweatshirts; Tank tops; Tops; Yoga pants. FIRST USE: 20111200. FIRST USE IN COMMERCE: 20111200


Design Search Code

26.17.05 - Bands, horizontal ; Bars, horizontal ; Horizontal line(s), band(s) or bar(s) ; Lines, horizontal




Registration Date April 16, 2013Owner (REGISTRANT) Republic Clothing Corporation CORPORATION NEW YORK 1411 Broadway,

37th Floor New York NEW YORK 10018Attorney of Record Lisa Peller London

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of a large letter "C" in a stylized font above a rectangular bar above the smaller stylized term "CORE".




Affidavit Text SECT 15. SECT 8 (6-YR).Live/Dead Indicator LIVE









Record 1 out of 1



IC 028. US 022 023 038 050. G & S: Baseball bats; Baseball batting gloves; Baseball gloves; Baseball bat bags. FIRST USE: 20120501. FIRST USE IN COMMERCE: 20130101


Serial Number 85590436Filing Date April 5, 2012Current Basis 1AOriginal Filing Basis 1B



Registration Date May 14, 2013Owner (REGISTRANT) Carrera Sports Int, LLC LIMITED LIABILITY COMPANY FLORIDA 6221

Tidewater Island Circle Fort Myers FLORIDA 33908Attorney of Record Brian A. Bloom

Description of Mark

Color is not claimed as a feature of the mark. The mark consists of the letter "C" in a stylized font.












Record 1 out of 1


Goods and Services

IC 025. US 022 039. G & S: footwear, gloves, polo shirts, socks, T-shirts, and warm-up suits. FIRST USE: 19961018. FIRST USE IN COMMERCE: 19961018


Design Search Code

02.11.08 - Feet, human; Foot prints, human; Human feet, toes, imprints of feet or toes, legs; Imprints, feet or toes26.17.07 - Heat, lines depicting; Lines depicting speed, propulsion, heat or wind; Propulsion, lines depicting; Speed, lines depicting; Wind, lines depicting26.17.25 - Other lines, bands or bars

Serial Number 75205943Filing Date November 19, 1996Current Basis 1AOriginal Filing Basis 1B



Registration Date March 10, 1998Owner (REGISTRANT) American Soccer Company, Inc. CORPORATION CALIFORNIA 726 East

Anaheim Street Wilmington CALIFORNIA 90744Description of Mark The mark consists of a fanciful representation of flying feet.

Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20170504.



Renewal 2ND RENEWAL 20170504Live/Dead Indicator LIVE









Record 1 out of 1


Word Mark COOPERTIRESGoods and Services

IC 012. US 019 021 023 031 035 044. G & S: Vehicle wheels, tires for vehicle wheels. FIRST USE: 20051102. FIRST USE IN COMMERCE: 20051102


Design Search Code

26.03.02 - Ovals, plain single line; Plain single line ovals26.03.03 - Incomplete ovals; Ovals, incomplete26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved


SHAPES-COLORS-2 Design listing or lined for two colorsSHAPES-MISC Miscellaneous shaped designsSHAPES-OVALS Oval figures or designs including incomplete ovals and one or more ovals

Serial Number 78744164Filing Date November 1, 2005Current Basis 1AOriginal Filing Basis 1B




0881821


Owner



(REGISTRANT) Cooper Tire & Rubber Company CORPORATION DELAWARE 701 Lima Avenue Findlay OHIO 45840

Attorney of Record Timothy E. Nauman


Description of Mark

The color(s) blue and gray is/are claimed as a feature of the mark. The mark consists of a blue crescent shape within a gray incomplete oval, and below the wording "COOPERTIRES" appears. The portion of the word "COOPER" is blue and the portion of the word "TIRES" is gray.





Page 1 of 7



In the matter of Application Serial No. 87/516,423

Filed July 5, 2017 For the mark Stylized T

Published in the OFFICIAL GAZETTE on May 22, 2018 Sisco Textiles N.V. ) a Curacao corporation, ) ) Opposer, ) Opposition No. 91242509 ) Serial No. 87516423 v. ) Mark: stylized “T” ) Filed: July 5, 2017 Technical Knockout, Inc. ) Published: May 22, 2018 a Delaware corporation, ) ) Applicant. ) )

DECLARATION OF GARRY W. KURTZ IN SUPPORT OF APPLICANT’S RESPONSE IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

I, Garry W. Kurtz, of 4660 Pine Timbers, Suite 198, Houston Texas 77041, hereby declare as

follows:

1. I am the founder, President and CEO of Technical Knockout, Inc., a position I have held

since 1996. The facts contained herein from my personal knowledge are true, or are from

the records of my company, to which I have full access, and those based on information

and belief are believed to be true, and I could testify thereto if called upon as a witness. I

am authorized to make this statement on behalf of my company.

2. I am also the founder and Managing Member of TKO Sports Group USA Limited (TKO)

formed in 2001 the sister, operating company and Licensee for Technical Knockout, Inc.,

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and President and CEO of TKO Strength and Performance Inc., a successor to our prior

TKO companies, formed in August 27, 2015.

3. Technical Knockout, Inc. was founded in 1993, and first registered TECHNICAL

KNOCKOUT and its house trademark TKO for a variety of products, primarily in the

sporting goods industry for boxing, mixed martial arts, exercise, health and fitness products

and services, and related sports and athletic clothing and accessories.

4. My companies and the TKO brand name expanded over the years, offering products

focusing on Strength and Performance, with numerous products available in several

categories: FREE WEIGHTS weight lifting equipment; STRENGTH EQUIPMENT

exercise stations, benches and machines; COMBAT boxing and martial arts equipment,

gloves, heavy bags and packages; PERFORMANCE products for exercise and fitness;

GROUP X group training equipment including multi-function group training stations;

CARDIO cycles and bikes; and, TKO GEAR, apparel and accessory products. These are

reflected in our website, www.tkostrenth.com. Our strength and fitness lines are sold to

fitness companies and gyms, such as All Hours Fitness, Burn Bootcamp, Commercial

Fitness Solutions, Fitnesssmith Inc., Kinetic Solutions and Wood Partners. TKO products

and athletic apparel are also available through our Licensees, ArgentoSC and S2

Sportswear.

5. I was not familiar at all with SISCO TEXTILES N.V. or the O’NEILL company, brand or

their trademarks, including the wave design, or products prior to this Opposition case filed

against us. However, after reviewing the O’NEILL company brand, their website at

https://us.oneill.com/, and marketing materials they provided, it is clear that O’NEILL and

TECHNICAL KNOCKOUT are not competitive companies, and they have fundamentally

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different core businesses, products, services, and websites. The purchasing public and

customers do not associate our companies with one-another, and do not and would not

confuse the design marks involved in this case with one-another.

6. As CEO, there came a time when I desired to develop a new company iconic logo for

identifying the company, the TKO Brand, and to complement the TKO house trademark.

7. I assigned our company’s in-house graphic designer to create an icon that works well by

itself, and also stylistically would work with the TKO mark and logo.

8. I specifically did not want a basic T within a circle or square, or any basic geometric shape,

block letters or T font.

9. The new abstract T logo was in fact designed approximately 10 years ago, but was not

introduced, as the company logo was also intended for TKO Strength (a division) to evolve

to the point of introducing a Signature Line of higher end products.

10. Several alternative logos were developed by the graphic designer, who described the

process and results as follows:

“This is an abstract ‘T’ form. A logo that was developed from the first letter of TKO. It was developed with a straight base and a curved top to show strength on the

also motion/action. It was revised to eliminate the bland flat bottom of the ‘T’ form, this adds even more motion and creates an action form that looks solid together with

the logotype and by itself.

**The strongest one is the 4th logo. This is my overall favorite and one that I think

has the greatest branding potential for standalone, application placement and as a

system with the logotype and tagline. It adds motion, has a strong curve that

compliments the existing logotype by complimenting the opposite end the ‘O’ and wraps the typeface in a clean look.”

11. The company chose this fourth option for the abstract T logo, and instructed our attorney

to file the paperwork and the Intent to Use (ITU) Stylized T Trademark Application in this

case on July 5, 2017.

12. The new T logo accomplished the effects as desired and described by our company’s

graphic designer, and correlates to the TKO mark as such:

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13. Our company’s design logo and mark is an artistic, abstract, stylized “T”.

14. Our company’s design logo is used with TKO, or alone set apart from TKO, however,

always in the context and with content of TECHNICAL KNOCKOUT or TKO on

Applicant’s website, marketing materials, products and product packaging. As examples,

see the attached true and correct copies of products present on TKO’s website, and usage:

Ex. 4; www.tkostrenth.com.

15. Our company’s athletic apparel featuring TKO and our T design logo is also sold by our

Licensee, S2 Sportswear, as shown in their buyer catalogs, true and correct copies attached,

Ex. 10. S2 Sportswear is a manufacturer of our TKO athletic apparel, and markets and sells

the products to retail buyer customers. The specific apparel selected from the buyer

catalogs, specifying colors, sizes, designs and style, are produced, delivered to retail stores,

and sold to consumers. These include off price sector retailers such as Burlington Coat

Factory, Gordmans, Ross and general sporting goods stores, and the apparel is

merchandized in sporting goods, fitness, and sportswear areas. The S2 Sportswear catalog

of TKO athletic apparel with our T logo sold to retail stores is also attached, true and correct

copies, Ex. 11, as are true and correct photographs of the apparel sold to consumers, Ex.

12.

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16. Our company’s design logo is an abstract “T” that is not similar to O’NEILL’s wave design

trademark.

17. O’NEILL’s wave design logo, , is clearly an ocean wave breaking, and

creates a different commercial impression than our company’s T design and logo.

18. The design marks of Technical Knockout and O’NEILL when viewed as a whole are not

similar, and are visually different, are different in conveying an idea or concept, and are

different in the impressions created. They are also different in meaning to consumers and

customers based on seeing these logo designs while making purchasing decisions for TKO

and O’Neill products, and thereafter, and they also have different commercial connotations

in tying the designs and brand names to the products.

19. Since use of our company’s T design logo commenced in selling products, no one, whether

a representative of Technical Knockout or TKO Strength, employee, vendor, business

affiliate, licensee, or other contact, or most importantly purchasing consumers and

customers, has ever questioned or confused Technical Knockout’s T design logo with any

of O’NEILL’s trademarks, including the wave design.

20. As CEO, I personally have specifically asked several other people, business associates,

employees and consumers, first showing them O’NEILL’s wave logo, then our T logo

separately, whether they thought the design of Technical Knockout’s logo was similar to

the O’NEILL’s wave logo, and no one thought they were.

21. Our company trademarks and T logo are used in connection with fitness, exercise, boxing

and martial arts equipment, and related athletic apparel and sportswear, and accessories.

These are not related to O’NEILL’s trademarks used in connection with the surf industry,

beach lifestyle products and clothing, surfboarding and snowboarding goods.

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22. Technical Knockout has commenced actual use of the T design trademark in selling

products to customers in the course of business. Use on athletic apparel and sportswear

began for tee shirts in October, 2017; use on bags began in February, 2018; use on sporting

goods began in March 2019 and use on the full athletic apparel line began in May, 2019.

23. Technical Knockout and O’NEILL are not direct competitors in the marketplace, and have

different advertising and marketing practices, and channels of trade.

24. Purchasers of our products are familiar with TKO sporting goods, boxing, health and

fitness equipment, and sportswear, and would not confuse the T logo with the trademarks

or wave design logos of the O’Neill brand.

25. Technical Knockout attends and is an Exhibitor at Trade Shows in the United States and

Europe, for companies and consumers, such as IHRSA, The International Health, Racquet

& Sportsclub Association, a trade association representing health and fitness facilities,

gyms, spas, sports clubs and suppliers worldwide, http://hub.ihrsa.org/ihrsa-2020, and

FIBO, “The World’s Biggest Trade Show for Fitness, Wellness and Health” expo for

sports, nutrition and healthy lifestyle, https://www.fibo.com/en/. Applicant attends with

company Booths and TKO marketing materials, including videos, printed materials and

products. Consumers and dealers purchase products at these trade shows.

26. Our company’s representatives, and myself, while attending trade shows have never

encountered the O’Neill company or their representatives, or have seen O’Neill

participation as an Exhibitor or in marketing their products, at any trade shows in Technical

Knockout’s industry or market.

Exhibit 4

Exhibit 10

Exhibit 11