(‘I
`
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`
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`.
`
`1
`
`TTAB
`
`
`
`KURT M . RYLANDER
`
`TRIAL & PATENT ATTORNEY AT LAW PC
`
`May 24, 2005
`
`File no. RMV03
`
`BOX TTAB NO FEE
`
`Assistant Commissioner for Trademarks
`
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`RE:
`
`SANDHILL OPPOSITION
`
`Dear Sir or Madam:
`
`Enclosed for filing please find an original, sealed Second Amended Notice of
`Opposition, plus one additional copy. Also enclosed for filing please find an original
`Redacted Public Version of the Second Amended Notice of Opposition, plus one
`additional copy. Additionally, enclosed herein please find a postage-prepaid postcard
`for date stamping and return to this office. Please let me knogv '
`ere is anything I
`can do for you.
`
`Client (w/redacted ersion)
`
`KMR;wf
`Cc:
`
`\lllllllllllIlllllllllllllllllllllllllllllllllll
`
`O6-O2-2005
`
`U.S. Patent & TMOfcITM Mail ROD! D1. #77
`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Do. No. RMVO3
`
`In the matter of trademark application Serial No. 75/789,080
`Filed August 31, 1999
`For the mark SANDHILL
`Class: 33
`
`Published in the Official Gazette at TM 481 on January 8, 2002
`
`RMV CELLARS, LLC
`
`Opposer,
`
`-V_
`
`CALONAWINES LTD
`
`Applicant.
`
`Opposition No. 91151893
`
`REDACTED PUBLIC VERSION OF
`
`DOCUMENT FILED PURSUANT TO
`
`PROTECTIVE ORDER
`
`SECOND AMENDED NOTICE OF OPPOSITION
`
`1.
`
`RMV CELLARS, LLC, a Washington limited liability company having its
`
`principal place of business at 2830 S. Cornett Drive, Ridgefield, WA 98642, United
`
`States (hereinafter “OpposeI”), believes that it is damaged by registration of the mark
`
`SANDHILL that is the subject of U.S. Trademark Application Serial No. 75/789,080
`
`(hereinafter ‘"080 application”) for wines,
`
`in Class 33, by CALONA WINES LTD., a
`
`Canadian corporation having an address at 1125 Richter Street Kelowna, British
`
`Columbia CANADA VIY 2K6 (hereinafter "App|icant").
`
`CERTIFICATE OF MAILING
`
`. and two copies of the document to
`I hereby certify that on the date signed below the origi
`'th the United States Postal Service as
`which this certification is attached is being d - a
`- .
`‘ =
`‘ 0 FEE, Assistant Commissioner for
`first class mail in an envelope addresse o 0«
`Trademarks. Trademark Trial and ‘ pe d. 2900
`stal Drive, Arlington. VA 22202-
`
`3513. Date: May 24, 2005 /IRT M RYI ANDF '
`
`SECOND AMENDED NOTICE OF OPPOSITION"-/-1
`REDACTED PUBLIC VERSION
`
` KURT M. RYLANDER TRIAL AND
`PATENT ATTORNEY AT LAW PC
`1014 FRANKLIN STREET, surre 206
`VANCOUVER. WA 98660
`360.750.9931
`
`

`
`
`
`2.
`
`The ’080 application was filed August 31, 1999, and published for
`
`opposition on January 8, 2002 at TM 481, Official Gazette of the United States Patent
`
`and Trademark Office. Opposer hereby opposes registration of the SANDHILL mark as
`
`described in the ’080 application.
`
`3.
`
`The Opposition fee was filed with the original Notice of Opposition.
`
`As second grounds for opposition, Opposer alleges as follows:
`
`4.
`
`Opposer is
`
`informed and believes and on that basis alleges that
`
`Applicant is not the owner of the ’080 application
`
`5.
`
`[REDACTED]
`
`Notably, the sale transferred to 3905039 Canada, Inc.
`
`the good will of the
`
`business, but did not transfer the trademark SANDHILL and trademark applications
`
`therefore, leaving those assets in the name of Calona Wines Ltd.
`
`6.
`
`Opposer is informed and believes and on that basis alleges that on May 1,
`
`2002, Calona Wines Ltd. changed its name to CANRIM PACKAGING, LTD.
`
`At the
`
`same time, 3905039 Canada,
`
`Inc. changed its name to CALONA WINES LTD.
`
`(hereinafter to avoid confusion, the new Calona Wines Ltd. will be referenced as “New
`
`Calona Wines Ltd.”)
`
`7.
`
`Accordingly,
`
`the trademark SANDHILL and the trademark applications
`
`therefore are owned by Canrim Packaging, Ltd., but the goodwill in such trademarks is
`
`owned by New Calona Wines Ltd.
`
`SECOND AMENDED NOTICE OF OPPOSITION --2
`REDACTED pUBL|C VERSION
`WW
`
`KURT M- RY‘-ANDER TR'AL AND
`PATENT ATTORNEY AT LAW PC
`1014 FRANKLIN STREET, surrz 206
`VANCOUVER, WA 98660
`360.750.9931
`
`

`
`:15.
`
`l
`
`I
`
`As third, alternative, grounds for opposition, Opposer alleges as follows:
`
`8.
`
`Opposer is informed and believes and on that basis alleges that Opposer,
`
`since prior to Applicant’s filing date or any date of first use upon which Applicant can
`
`rely, has used and not abandoned the mark SANDHILL WINERY for wines;
`
`that
`
`Applicant’s mark SANDHILL so resembles Opposer’s previously used mark SANDHILL
`
`WINERY as to be likely, when used on or in connection with the goods or services of
`
`the Applicant,
`
`to cause confusion, mistake or deception, and thus is not entitled to
`
`registration pursuant to Section 2(d) of the Trademark Act.
`
`As fifth, alternative, grounds for opposition, Opposer alleges as follows:
`
`9.
`
`Based on the foregoing allegations, Applicant has abandoned the ‘O80
`
`Application.
`
`As sixth, alternative, grounds for opposition, Opposer alleges as follows:
`
`10.
`
`Based on the foregoing allegations, Applicant has voided its rights to the
`
`mark SANDHILL by violation of the Anti—Assignment in Gross rule.
`
`SECOND AMENDED NOTICE OF OPPOSITION --3
`REDACTED PUBLIC VERSION
`‘T
`
`KURT M- RY‘-ANDER TRIAL AND
`PATENT ATTORNEY AT LAW PC
`1014 FRANKLIN STREET, SUITE 206
`VANCOUVER, WA 98660
`360.750.9931
`
`

`
`I
`
`Y
`
`WHEREFORE, Opposer prays that
`
`this opposition is sustained and that
`
`registration to the Applicant is refused.
`
`Respectfully submitted,
`
`KURT M. RYLANDER TRI
`
`AND
`
`PATENT ATTO
`
`
`
`101 Franklin Stre t, Suite 206
`
`V ncouver, WA 98
`/, 60) 750-9931
`Attorneys for Opposer
`
`CERTIFICATE OF SERVICE TO APPLICANT
`
`inserted an envelope
`I HEREBY CERTIFY that on the date signed below I
`containing the document to which this certificate is attached into " U.S. Mails
`first
`r the Applicant, Chuck
`" 2nd Ave, 1600 ODS
`
`
`
`SECOND AMENDED NOTICE OF OPPOSITION --4
`REDACTED PUBLIC VERSION
`
`KURT M. RYLANDER TRIAL AND
`PATENT ATTORNEY AT LAW PC
`1014 FRANKLIN STREET, SUITE 206
`VANCOUVER, wA 98660
`360.750.9931