IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Trademark Application Serial No. 76/243,550
`Filed April 19, 2001
`For the Mark “RAMPAGE"
`
`Published for opposition in the Ofiicial Gazette on September 18, 2001
`
`l|||lll\l|ll\\||\“III\\\\|\\|\\|l\\\\|\|\\\|\\||\
`1 243-2001
`Us. Pan,“ 3 TMO1clTM Mill R391. 01. #40
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`UO00OOOO'J¢WO¢0é<'AO0OO'J0OOOO'J
`
`
`Rampage Licensing, LLC,
`Opposer,
`
`Buckeye International, Inc. ,
`Applicant.
`
`Commissioner for Trademarks
`
`BOX TTAB — FEE
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`01/10/E003 KGIBBDNS 00000115 76243550
`
`01 FC:377
`
`300.00 DP
`
`r. EVULLIEEEEIBBUS
`
`CERTIFICATE OF MAILING BY EXPRESS MAIL
`
`eva/t{.93x's*3 Kat;
`"EXPRESS MAIL" Mailing Label No .
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`I hereby certify that this correspondence is being deposited with the
`United States Postal Service “Express Mail Post Office to Addressee"
`service under 37 CFR 1.10 on the date indicated below and is addressed
`to"
`Commissioner for Trademarks
`BOX TTAB - FEE
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`NOTICE OF OPPOSITION
`
`(in duplicate)
`
`Madam/Sir:
`
`Rampage Licensing, LLC, a California Limited Liability Company, having its principal
`."~.)
`'
`I\.)
`
`.
`
`place of business at 2300 Eastern Ave, Commerce, California 90040 ("Opposer"), believes that it"
`
`NOTICE OF OPPOSITION - PAGE 1
`Dallas2 85) l32 v 1, 4087900002
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`
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Trademark Application Serial No. 76/243,550
`Filed April 19, 2001
`For the Mark “RAMPAGE"
`
`Published for opposition in the Ofiicial Gazette on September 18, 2001
`
`l|||lll\l|ll\\||\“III\\\\|\\|\\|l\\\\|\|\\\|\\||\
`1 243-2001
`Us. Pan,“ 3 TMO1clTM Mill R391. 01. #40
`
`UO00OOOO'J¢WO¢0é<'AO0OO'J0OOOO'J
`
`
`Rampage Licensing, LLC,
`Opposer,
`
`Buckeye International, Inc. ,
`Applicant.
`
`Commissioner for Trademarks
`
`BOX TTAB — FEE
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`01/10/E003 KGIBBDNS 00000115 76243550
`
`01 FC:377
`
`300.00 DP
`
`r. EVULLIEEEEIBBUS
`
`CERTIFICATE OF MAILING BY EXPRESS MAIL
`
`eva/t{.93x's*3 Kat;
`"EXPRESS MAIL" Mailing Label No .
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`.
`
`I hereby certify that this correspondence is being deposited with the
`United States Postal Service “Express Mail Post Office to Addressee"
`service under 37 CFR 1.10 on the date indicated below and is addressed
`to"
`Commissioner for Trademarks
`BOX TTAB - FEE
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`NOTICE OF OPPOSITION
`
`(in duplicate)
`
`Madam/Sir:
`
`Rampage Licensing, LLC, a California Limited Liability Company, having its principal
`."~.)
`'
`I\.)
`
`.
`
`place of business at 2300 Eastern Ave, Commerce, California 90040 ("Opposer"), believes that it"
`
`NOTICE OF OPPOSITION - PAGE 1
`Dallas2 85) l32 v 1, 4087900002
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`will be damaged by registration of the mark shown in the above-identified application of Buckeye
`
`International, Inc. ("Applicant"), and hereby opposes the same. As grounds of opposition, it is
`
`alleged that:
`
`1.
`
`On April 19, 2001, Applicant filed an intent—to-use trademark application
`
`(Application Serial No. 76/243,550) for the mark " RAMPAGE" (hereinafter "Applicant’s
`
`Proposed Mark"). Applicant seeks to register "RAMPAGE" as a trademark in International Class
`
`003 for use in connection with "hard surface cleaner degreaser" . Applicant’s Mark was published
`
`for opposition in the Ofiicial Gazette on October 18, 2001.
`
`2.
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`On October 17, 2001, Opposer timely filed a Request For First Extension Of Time
`
`To File a Notice Of Opposition Under 1503.04(2) with the United States Patent and Trademark
`
`Office.
`
`3.
`
`Opposer also filed a timely Request for Second Extension of Time to File a Notice
`
`of Opposition Under 1503 .04(2) on November 14, 2001 with the United States Patent and
`
`Trademark Office.
`
`4.
`
`Opposer owns U.S. Trademark Application Serial No. 76/099,686 for use of the
`
`mark "RAMPAGE" in connection with "perfume, eye shadow, lipstick, lip gloss, eye pencils,
`
`blush, nail polish, nail polish remover, wet and dry makeup foundation, mascara, skin, facial and
`
`body concealer, face and body powder, lip liner, eye makeup remover, skin cleanser, skin toner,
`
`skin moisturizer, makeup cases containing makeup and non-medicated Vitamin E balm in the form
`
`of a stick for application to the face, hands and body" in International Class 003; contour brush,
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`larger powder brush, eye brown brush, lip brush, blush brush, eye shadow brush; makeup sponges
`
`NOTICE OF OPPOSITION - PAGE 2
`Dallas2 851132 v 1, 4087900002
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`
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`and cosmetic brush cases contianing cosmetic brushes in lntemational Class 021 and filed on July
`
`31, 2001 and was published on September 25, 2001.
`
`5.
`
`Opposer owns U.S. Trademark Registration No. 936,136 for use of the mark
`
`"RAMPAGE" in connection with "dress and casual shirts" in International Class 025, asserting
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`a first use date of October 1970. Registration No. 936,136 issued June 20, 1972 and was renewed
`
`June 20, 1992.
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`6.
`
`Opposer owns U.S. Trademark Registration No. 1,762,936 for use of the mark
`
`"RAMPAGE" in connection with "clothing, namely, tops, shirts, jackets, pants, shorts, dresses
`
`and skorts" in International Class 25, asserting a first use date of June 1985. Registration No.
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`1,762,936 issued on April 6, 1993. Opposer’s rights to use the mark "RAMPAGE" under
`
`Registration No. 1,762,936 are incontestible under § 15 of the Lanham Trademark Act.
`
`7.
`
`Opposer owns U.S. Trademark Registration No. 2,062,351 for use of the mark
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`"RAMPAGE" in connection with "jewelry in International Class 014; clothing, namely women’s
`
`and girls’ tops, shirts, T-shirts, sweatshirts, shorts, leggings, jeans, blazers, vests, rompers,
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`jumpsuits, jumpers, dresses, skirt suits, pant suits, sweaters, shoes, headbands and belts,
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`in
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`International Class 025 and hair accessories, namely hair clips, hair scrunchies, hair bands and
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`banana twist clips for hair in International Class 026, " asserting a first use date of August 1994,
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`June 1985 and August 1994, respectively. Registration No. 2,062,351 issued on May 13, 1997.
`
`8.
`
`Opposer also owns U.S. Trademark Registration No. 2,084,725 for use of the
`
`service mark "RAMPAGE" in connection with "retail store services featuring clothing, cosmetics,
`
`NOTICE OF OPPOSITION - PAGE 3
`Dallas2 851132 V 1, 40879.00002
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`
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`jewelry and accessories" in International Class 42, asserting a first use date of August 1994.
`
`Registration No. 2,084,725 issued on July 29, 1997.
`
`9.
`
`Opposer also owns U.S. Trademark Registration No. 2,236,979 for use of the
`
`trademark “RAMPAGE" in connection with "eyewear, namely, eyeglass and sunglass frames and
`
`sunglass cases, in International Class 009; and umbrellas and leather goods, namely, wallets,
`
`change purses, passport chases, cosmetic cases sold empty, hand bags, backpacks, duffle bags,
`
`gym bags, luggage, briefcases, business card cases, fanny packs and toiletry bags sold empty, in
`
`International Class 018.
`
`10.
`
`Opposer also owns U.S. Trademark Registration No. 2,366,977 for use of the
`
`trademark "RAMPAGE" in connection with "footwear, namely, shoes, slippers, sandals and
`
`thongs in International Class 025. United States Trademark Registration No. 2,366,977 issued
`
`on July 11, 2000.
`
`ll.
`
`Opposer has superior rights to the "RAMPAGE" mark (referred to herein as
`
`"Opposer’s Mark") due to its prior-filed trademark application Serial No. 76/099,686 and its
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`continuous prior use of the mark in connection with the above—identified goods and services,
`
`which use long pre-dates the April 19, 2001 filing date of Applicant’s intent-to-use application
`
`for Applicant’s Proposed Mark.
`
`12.
`
`Opposer has created substantial and valuable goodwill in Opposer’s Mark, which
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`has come to signify Opposer as the source and originator of the goods and services that Opposer
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`offers under the Mark.
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`NOTICE OF OPPOSITION - PAGE 4
`Dallas2 251132 v 1, 4os79.oooo2
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`13.
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`In view of the identicality of Applicant’s Proposed Mark and Opposer’s Mark, and
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`in view of the overlapping and substantially related nature of the goods identified by Applicant
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`in its intent—to—use application and the goods and services actually offered by Opposer under
`
`Opposer’s Mark and those goods identified in Opposer’s pending application Serial No.
`
`76/099,686, Applicant’s Proposed Mark so resembles Opposer’s Mark as to be likely to cause
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`confusion, or to cause mistake, or to deceive as to the affiliation, connection, association, origin,
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`sponsorship, or approval of Applicant's goods by Opposer, all to the irreparable damage of
`
`Opposer.
`
`14.
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`Opposer would be injured if Applicant is permitted to register and use Applicant’s
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`Proposed Mark for the goods specified in Application Serial No. 76/243,500 because such
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`registration and use would cause confusion in trade resulting in damage and injury to Opposer.
`
`Persons familiar with Opposer’s Marks would be likely to assume that Applicant’s goods
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`originated from Opposer or were offered in association or affiliation with, or under authorization
`
`by, Opposer. Moreover, any defect, objection or fault found with Applicant’s goods marketed
`
`under Applicant’s Proposed Mark would necessarily reflect upon and seriously injure the
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`reputation that Opposer has established through use of Opposer’s Mark.
`
`15.
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`Additionally, if Applicant is granted registration for Applicant’s Proposed Mark,
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`Applicant would obtain thereby at least primafacie evidence of a purported exclusive right to use
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`the mark. Such registration would be a source of damage and injury to Opposer.
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`NOTICE OF OPPOSITION - PAGE 5
`Dal1as2 851132 v 1, 40879.00002
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`16.
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`Based upon the foregoing, the registration of the mark "RAMPAGE" (which is the
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`subject of Application Serial No. 76/243 ,550) to Applicant will cause injury and damage to Opposer.
`
`WHEREFORE, Opposer requests that this Opposition be sustained in favor of Opposer,
`
`that said Application Serial No. 76/243,550 be rejected, and that no registration be issued thereon
`
`to Applicant.
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`A duplicate Notice of Opposition is being filed herewith, along with a check of Jenkens
`
`& Gilchrist, a Professional Corporation, in payment of the required filing fee for opposing the
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`mark in International Class 003.
`
`In the event
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`that
`
`the check is not received with this
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`correspondence or if additional fees are due, please charge the required fees to Deposit Account
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`No. 10-0447. Please credit any overpayment to the same Deposit Account.
`
`Please file stamp and return the attached postcard in acknowledgment of receipt of this
`
`correspondence and check. All communications regarding this opposition should be directed to:
`
`J . Pat Heptig
`JENKENS & GILCHRIST,
`
`A Professional Corporation
`1445 Ross Avenue, Suite 3200
`
`Dallas, Texas 75202-2799
`
`NOTICE OF OPPOSITION - PAGE 6
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`Dallas2 851132 v 1, 4os79.oooo2
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`'
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`December :2, 2001.
`
`Respectfully submitted,
`
`J. Pat Heptig
`Jason Cook
`
`JENKENS & GILCHRIST,
`
`A Professional Corporation
`1445 Ross Avenue, Suite 3200
`
`Dallas, Texas 75202-2799
`
`Telephone:
`Telecopy:
`
`(214) 855-4500
`(214) 855-4300
`
`ATTORNEYS FOR OPPOSER
`
`Express Mail Label 51; Q13; 3 X9‘: 35‘ £45
`Date of Deposit:
`4 g— (3 ~O[
`
`NOTICE OF OPPOSITION - PAGE 7
`Dallas2 851132 v 1, 4087900002
`
`
`
`
`
`I hereby certify that this correspondence is being deposited with the United States Postal
`Service "Express Mail Post Office to Addressee" service under 37 CFR 1. 10 on the date indicated
`above and is addressed to the Assistant Commissioner for Trademarks, Box TTAB FEB, 2900
`
`Crystal Drive, Arlington, Virginia 22202-3513.
`
`Dated:
`
`[92-'/3 - 0[
`
`Signed %L‘ &O‘,
`
`NOTICE OF OPPOSITION - PAGE 8
`DaIlas2 851132 v 1, 4087900002
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