Trademark Trial and Appeal Board Electronic Filing System. 3935
`
`ESTTA Tracking number: ESTTA22157
`
`Filing date3
`
`12/28/2004
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated
`application.
`
`Opposer Information
`
`Name
`
`Viasystenis, Inc.
`
`Granted to
`
`D3“?
`of previous
`extension
`
`Address
`
`12/29/2004
`
`101 South Hanley Rd. Suite 400
`St. Louis, MO 63105
`UNITED STATES
`
`Viasysterns, Inc.
`% 101 South Hanley Rd. Suite 400
`C°""’*°’P°“de“°e St. Louis, MO 63105
`i“f°"“afi°“ UNITED STATES
`ann_n1ichae1@0kpatents.c0n1 Ph0ne:405 607 8600
`
`Applicant Information
`
`Application No 76512900
`
`P“b(':;:‘i°“
`
`08/31/2004
`
`iiiiibiniliéiéiéiiiiiiii ’;;;;;;;;.;.s; iiiiiiiiiiiiiiiiiiiiiiiiiiiii iidiiiiéiéiiiéiiiiii s1;s,;;;;....;.iiiiiiiiiiiiiiiiiiiiiiii H
`
`Filing Date
`
`Period Ends
`
`§
`
`Applicant
`
`VIA TECHNOLOGIES, INC.
`8F, 533, Chung-Cheng Rd.
`Hsin-Tien, Taipei,
`TAIWAN
`
`
`
`ESTTA Tracking number: ESTTA22157
`
`Filing date3
`
`12/28/2004
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated
`application.
`
`Opposer Information
`
`Name
`
`Viasystenis, Inc.
`
`Granted to
`
`D3“?
`of previous
`extension
`
`Address
`
`12/29/2004
`
`101 South Hanley Rd. Suite 400
`St. Louis, MO 63105
`UNITED STATES
`
`Viasysterns, Inc.
`% 101 South Hanley Rd. Suite 400
`C°""’*°’P°“de“°e St. Louis, MO 63105
`i“f°"“afi°“ UNITED STATES
`ann_n1ichae1@0kpatents.c0n1 Ph0ne:405 607 8600
`
`Applicant Information
`
`Application No 76512900
`
`P“b(':;:‘i°“
`
`08/31/2004
`
`iiiiibiniliéiéiéiiiiiiii ’;;;;;;;;.;.s; iiiiiiiiiiiiiiiiiiiiiiiiiiiii iidiiiiéiéiiiéiiiiii s1;s,;;;;....;.iiiiiiiiiiiiiiiiiiiiiiii H
`
`Filing Date
`
`Period Ends
`
`§
`
`Applicant
`
`VIA TECHNOLOGIES, INC.
`8F, 533, Chung-Cheng Rd.
`Hsin-Tien, Taipei,
`TAIWAN
`
`
`
`Goods! Services Affected by Opposition
`
`Class 009.
`
`All goods and sevices in the class are opposed; namely: COMPUTER CHIPS; SILICON
`CHIPS; INTEGRATED CIRCUITS; MICRO-PROCES SORS; MICROCHIPS FOR
`
`COMPUTER HARDWARE; MICRO-PROCES SORS FOR COMPUTER
`
`HARDWARE; SYSTEM PLATFORM COMPRISED OF MAIN BOARD AND CPU;
`
`CPU'S (CENTRAL PROCESSING UNITS) MEMORY CHIPS; SEMICONDUCTORS;
`
`MICRO CIRCUITS; CENTRAL PROCESSING UNITS (CPU); HARD DISK DRIVES
`
`Attachments Not of Oppositionpdf ( 5 pages )
`
`Signature
`
`1Ann Michael!
`
`Name
`
`Viasystems; Inc.
`
`Date
`
`12/28/2004
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Trademark Application
`
`Serial NO. 76/512900 for “VIA ANTAUR
`PROCESSOR" Published in the Official
`
`Gazette on August 31, 2004
`
`VIASYSTEMS,
`
`INC.
`
`Opposer,
`
`v.
`
`VIA TECHNOLOGIES,
`
`INC.,
`
`Applicant.
`
`é3~a'\4\a\a\r\aV.o
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, Virginia
`
`22313-1451
`
`Opposition No.:
`
`NOTICE OF OPPOSITION
`
`VIASYSTEMS,
`
`INC.
`
`(hereinafter
`
`referred to as “Opposer”)
`
`a
`
`corporation organized and existing under the laws of the State of
`
`Delaware, with its business offices located at 101 South Hanley
`
`Road, Suite 400, St. Louis, Missouri 63105, believes that it will
`
`be damaged by registration of the mark shown in Application Serial
`
`No. 76/512900 in International Class 09 (Electrical and scientific
`
`apparatus)filed May 9, 2003 by Via Technologies, Inc.
`
`(hereinafter
`
`Notice of Opposition
`
`1
`
`
`
`referred to as “Applicant") and hereby opposes such registration
`
`pursuant to a previously filed extension of time to oppose.
`
`As grounds of Opposition, it is alleged that:
`
`1. Applicant seeks registration on the Principal Register the
`
`mark "VIA ANTAUR PROCESSOR" accompanied by a design incorporating
`
`a swoosh surrounding the term “Via”,
`
`for computer chips; silicon
`
`chips,
`
`integrated circuits; micro~processors; microchips
`
`for
`
`computer hardware; micro—processors for computer hardware; system
`
`platform comprised of main board and CPU; CPU’s (central processing
`
`units) memory chips;
`
`simiconductors; micro circuits;
`
`central
`
`processing units (CPU); and hard disk drives. Applicant applied
`
`for the referenced mark via an intent—to—use application filed May
`
`9, 2003.
`
`The mark was published for opposition August 31, 2004 in
`
`the Official Gazette. Opposer filed and the Board approved an
`
`extension o:
`
`time to oppose Applicant's mark until December 29,
`
`2004. This Notice of Opposition is timely filed.
`
`2. Opposer has used the mark "VIASYSTEMS", accompanied by a
`
`design incorporating a swoosh located in close proximity to the
`
`“Via” portion of the mark,
`
`in interstate commerce at least as early
`
`as January, 2003, for printed circuit boards; electronic back panel
`
`assemblies, namely graphic cards, video cards, all for use with
`
`personal computers and personal cellular telephones; electronic
`
`wire harness and custom electronic cable assemblies comprised O;
`
`Notice cf Opposition
`
`2
`
`
`
`connectors, adapters and cables, cable connectors and electrical
`
`connectors;
`
`and custom electronic enclosures, namely cases
`
`for
`
`panel mounted electronic instruments.
`
`3.
`
`Opposer is the owner of pending Serial No. 76/478041,
`
`filed in International Classes 09 on December 23, 2002,
`
`and o:
`
`pending Serial No. 76/478471 filed in International Class 40 on
`
`December 23, 2002. Opposer is also the owner of Registration Nos.
`
`2171962 and 2171963, registered on July 7, 1998,
`
`in International
`
`Class 09 for the mark “VIASYSTEMS”
`
`for printed circuit boards.
`
`Applicant's filing date was May 9, 2003, subsequent to the filings
`
`and registrations of Opposer.
`
`4.
`
`Since January, 2003, prior to the filing date of the
`
`application.proposed herein, Opposer has continuously used the name
`
`“VIASYSTEMS”,
`
`accompanied. by a design incorporating a Swoosh
`
`located in close proximity to the “Via” portion of such name,
`
`to
`
`identify and designate its goods and to distinguish such goods from
`
`those of others. Since Opposer’s
`
`initial use of
`
`the mark in
`
`January, 2003, Opposer has continuously used, advertised, promoted
`
`and offered its goods
`
`for sale, under its mark,
`
`to the public
`
`through various trade channels in interstate commerce, with the
`
`result that customers now know and recognize Opposer’s mark, and
`
`associate such mark with Opposer.
`
`5.
`
`By virtue
`
`of
`
`its effort
`
`and
`
`the
`
`expenditure
`
`of
`
`considerable sums for promotional activities, and by virtue of the
`
`Notice of Opposition
`
`3
`
`
`
`excellence of
`
`its goods, Opposer has gained a most valuable
`
`reputation for its above~identified mark.
`
`6. Applicant's mark is extremely similar to Opposer’s mark,
`
`as both marks
`
`incorporate a
`
`swoosh and the term “Via” in close
`
`proximity to each other. Applicant's goods are closely related to
`
`Opposer’s goods, as both parties manufacture goods associated with
`
`computers.
`
`In addition, Applicant's mark will
`
`be used in
`
`combination with microprocessors, which may be positioned on
`
`circuit boards manufactured by Opposer. Due to such similarities,
`
`and the related nature of the goods of both Applicant and Opposer,
`
`customers
`
`and potential
`
`customers are likely to believe that
`
`Applicant's
`
`goods originate
`
`from Opposer,
`
`or
`
`are otherwise
`
`endorsed,
`
`sponsored or
`
`approved by Opposer,
`
`resulting in a
`
`likelihood of confusion in the marketplace and damage to Opposer.
`
`7.
`
`If Applicant is permitted to use and register its mark :or
`
`its goods,
`
`as
`
`specified in the application herein opposed,
`
`confusion in trade will result by reason of the similarity between
`
`Applicant's mark and Opposer’s mark,
`
`thereby causing damage and
`
`injury to Opposer.
`
`Persons familiar with Opposer's mark would
`
`likely purchase Applicant's goods believing that such goods are
`
`being sold, offered for sale, associated with or
`
`sponsored by
`
`Opposer. Any such confusion in the trade would inevitably result
`
`in loss of sales to Opposer. Furthermore, any defect, objection or
`
`fault
`
`found in Applicant's goods marketed under
`
`its mark would
`
`Notice of Opposition
`
`4
`
`
`
`necessarily’
`
`reflect upon
`
`and seriously injure the reputation
`
`Opposer has established for its goods, which are sold under its
`
`mark.
`
`8.
`
`If Applicant is granted the registration herein opposed,
`
`it would thereby obtain at least a prima facie exclusive right to
`
`the use of its mark.
`
`Such registration would be a source of damage
`
`and injury to Opposer.
`
`WHEREFORE, Opposer‘ prays
`
`that
`
`the application. Serial No.
`
`76/512900 be rejected, and that
`
`the mark therein sought for the
`
`services therein specified in International Class 09 be denied and
`
`refused.
`
`A check for
`
`the prescribed fee of $300.00
`
`required in
`
`connection with the filing of this opposition is enclosed herewith,
`
`together with two copies of this Notice of Opposition. Any further
`
`fees may be charged to this firm‘s Deposit Account No. 04-1700.
`
`Respectfully submitted,
`
`
`
`Titterington
`
`eph P.
`Ann Michael
`
`DUNLAP, CODDING & ROGERS, P.C.
`P.O. Box 16370
`
`73113
`Oklahoma City, Oklahoma
`(405) 607-8600 — telephone
`(405) 607-8686 ~ telefax
`
`Attorneys for Opposer
`
`Notice of Opposition
`
`5
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