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`UNITED STATES PATENT AND TRADEMARK OFFICE
`IN
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`COFINLUXE,
`
`Opposer,
`
`V.
`
`Opposition No.
`
`%;7‘% W5
`
`|_aL._an__:L_ac_:%.:u__nn__au__yn_:
`
`VIPARADEE PHUVANATNARANUBALA,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Hon. Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`In the matter of the application for registration of the
`
`trademark BLANCA CAFE and Design for cosmetics, cotton sticks
`
`for cosmetic purposes, cosmetic cream, skin whitening creams,
`
`drycleaning (sic)
`
`fluids, essential oils for personal use,
`
`eyebrow cosmetics, namely, color pencils and brushes, hair
`
`lotions, hair spray,
`
`lipsticks,
`
`face lotions, make—up, make—up
`
`703837-9600
`
`powder, mascara, beauty masks, nail polish, cosmetic oils for
`
`epidermis, perfumes,
`
`shampoos, cosmetic creams for skin care,
`
`
`
`
`
`ALEXANDRIA,VIRGINIA223IA-2700
`
`
`
`SUITE105E1727KINGSTREET
`
`'
`
`‘ooooooos 1177730
`300-09 III’
`
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`“—“ —-—~ ——~
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`07-27-2005
`
`US. Patent & TMOfc/TM Mail Rep: 01, #77
`
`RNSMUMW
`3 II
`
`
`
`
`
`DENN'I'6O§SCHULTZ,DOUGHERTY8:MACDONALDI
`
`S3LAWOFFICES
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`1
`UNITED STATES PATENT AND TRADEMARK OFFICE
`IN
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`COFINLUXE,
`
`Opposer,
`
`V.
`
`Opposition No.
`
`%;7‘% W5
`
`|_aL._an__:L_ac_:%.:u__nn__au__yn_:
`
`VIPARADEE PHUVANATNARANUBALA,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Hon. Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`In the matter of the application for registration of the
`
`trademark BLANCA CAFE and Design for cosmetics, cotton sticks
`
`for cosmetic purposes, cosmetic cream, skin whitening creams,
`
`drycleaning (sic)
`
`fluids, essential oils for personal use,
`
`eyebrow cosmetics, namely, color pencils and brushes, hair
`
`lotions, hair spray,
`
`lipsticks,
`
`face lotions, make—up, make—up
`
`703837-9600
`
`powder, mascara, beauty masks, nail polish, cosmetic oils for
`
`epidermis, perfumes,
`
`shampoos, cosmetic creams for skin care,
`
`
`
`
`
`ALEXANDRIA,VIRGINIA223IA-2700
`
`
`
`SUITE105E1727KINGSTREET
`
`'
`
`‘ooooooos 1177730
`300-09 III’
`
`'
`
`A
`
`sunsom
`/o I
`%IL§0§(1m00000006 - mmo
`1 NW3 7 ' WW
`°1 ‘°=5"°?
`1
`v
`,.,.,
`‘ «ououaoos SW-5°“
`.
`MIMMIIIIIIIIHIIIlllllllllllllllllllllll
`M FIMA03
`‘
`
`“—“ —-—~ ——~
`
`07-27-2005
`
`US. Patent & TMOfc/TM Mail Rep: 01, #77
`
`RNSMUMW
`3 II
`
`
`
`
`
`DENN'I'6O§SCHULTZ,DOUGHERTY8:MACDONALDI
`
`S3LAWOFFICES
`
`
`
`and hand and face soap in class 3, Serial No. 76/598,885,
`
`filed June 23, 2004 by Viparadee Phuvanatnaranubala, and
`
`published for Opposition on April 5, 2005; Cofinluxe,
`
`a French
`
`Company, having its principal place of business at rue Anatole
`
`de la Forge, 75017, Paris, France, believes that it would be
`
`damaged by such registration and hereby opposes registration
`
`of said alleged trademark as it applies to the goods set forth
`
`therein.
`
`Opposer has obtained an extension of time through August
`
`3, 2005 in which to file this Notice of Opposition.
`
`As grounds for the opposition, it is alleged that:
`
`1. Applicant, Viparadee Phuvanatnaranubala,
`
`is on information
`
`and belief a citizen of Thailand with an address at 293/l Soi
`
`Sukhumvit 49, North—Klongton, Wattana, Bangkok l0ll0,
`
`Thailand, and seeks to register the trademark BEAUTY CAFE and
`
`Design for cosmetics, cotton sticks for cosmetic purposes,
`
`cosmetic cream, skin whitening creams, drycleaning (sic)
`
`fluids, essential oils for personal use, eyebrow cosmetics,
`
`namely, color pencils and brushes, hair lotions, hair spray,
`
`lipsticks,
`
`face lotions, make—up, make—up powder, mascara,
`
`
`
`-1
`
`beauty masks, nail polish, cosmetic oils for epidermis,
`
`perfumes,
`
`shampoos, cosmetic creams for skin care, and hand
`
`and face soap in class 3, as set forth in the above noted
`
`application.
`
`The application was filed on June 23, 2004 based
`
`upon a claim of a bona fide intent to use the mark in
`
`commerce.
`
`The application was published on April 5, 2005 in
`
`the Official Gazette of the United States Patent and Trademark
`
`Office.
`
`2. Opposer is well known throughout
`
`the world in the field of
`
`cosmetics, perfumery and similar beauty products and has and
`
`is presently engaged in the manufacture and marketing of its
`
`products in the United States as well as throughout
`
`the world.
`
`3. Opposer or its predecessors in interest have used their
`
`well—recognized trademarks CAFE and Design and CAFE CAFE PURO
`
`on cosmetic goods in the United States marketplace. Opposer
`
`has used its CAFE and Design mark in commerce for over twenty
`
`years.
`
`
`
`4. Opposer's mark CAFE and Design is the subject of United
`
`States Trademark Registration No. 1,177,730, registered on
`
`November 17, 1981. This registration is incontestible under
`
`Section 15 and has been renewed and is in full force and
`
`effect.
`
`5. Opposer's registration identified in Paragraph 4, supra,
`
`covers perfumes and toilet waters in Class 3.
`
`6. Opposer's mark CAFE CAFE PURO is the subject of United
`
`States Trademark Registration No. 2,785,628, registered on
`
`November 25, 2003. This registration covers soaps for
`
`personal use; essential oils used for manufacture of
`
`perfumery; perfume; toilet water; perfumed water; cosmetics,
`
`namely,
`
`lipsticks,
`
`lip pens, eye shadow, facial make up,
`
`mascaras, hair lotions, and tooth paste in Class 3.
`
`7. Applicant's mark is so similar to Opposer's mark as to be
`
`likely to cause confusion, mistake or deception as to the
`
`source of the goods of the Applicant, especially since the
`
`
`
`Applicant's mark is intended to be used in conjunction with
`
`cosmetic products that are related to the goods of the
`
`Opposer.
`
`8.
`
`The marks here in issue are visually and phonetically
`
`similar,
`
`the applicant's mark incorporating Opposer’s famous
`
`“CAFE” brand.
`
`9.
`
`If the Applicant is permitted to use and register the mark
`
`herein opposed for the goods specified in it's application,
`
`confusion in the trade and for the consumer will likely
`
`result, causing damage and injury to the Opposer.
`
`Persons
`
`familiar with Opposer’s marks would be likely to purchase
`
`Applicant's products in the mistaken belief that such goods
`
`originate with the Opposer. Any such confusion will
`
`inevitably result in loss of sales to Opposer. Moreover, any
`
`objection or fault found with Applicant's cosmetics sold under
`
`the BLANCA CAFE mark, herein opposed would necessarily reflect
`
`upon and seriously injure the reputation which Opposer has
`
`
`
`established for its products offered under its marks and
`
`thereby erode the Valuable goodwill established by Opposer in
`
`its marks.
`
`10. Registration of the mark at issue herein to Applicant
`
`will be a source of damage and injury to Opposer.
`
`WHEREFORE, Opposer prays that Application Serial Number
`
`76/598,885 be rejected, and that registration of the mark
`
`shown therein for the goods set forth therein be refused and
`
`denied.
`
`A duplicate copy of this Notice of Opposition is
`
`enclosed.
`
`The fee of $300.00 required by the Trademark Rules
`
`of Practice, 2.6(a)(17)
`
`is enclosed.
`
`
`
`July 27, 2005
`
`Respectfully submitted,
`
`Donald L. Dennison
`Dennison, Schultz, Dougherty
`and Macdonald
`
`Attorneys for Opposer
`1727 King Street, Suite 105
`Alexandria, VA 22314
`(703)837-9600 Ext. 15
`Fax (703)837-0980
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