TTAB
`
` IN THE UNIT
`
`TATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`COFINLUXE,
`
`Opposer,
`
`V.
`
`VIPARADEE PHUVANATNARANUBALA,
`
`Applicant.
`
`n_aa._|u_a;._:n__.:u_an__:u_:n__.n\_u
`
`Opposition No.
`
`’/é 56/1/37¢
`
`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 BEAUTY CAFE and Design for cosmetics, cotton sticks
`
`for cosmetic purposes, cosmetic cream, skin whitening creams,
`
`drycleaning fluids, essential oils for personal use, eyebrow
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`
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`
`
`
` IN THE UNIT
`
`TATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`COFINLUXE,
`
`Opposer,
`
`V.
`
`VIPARADEE PHUVANATNARANUBALA,
`
`Applicant.
`
`n_aa._|u_a;._:n__.:u_an__:u_:n__.n\_u
`
`Opposition No.
`
`’/é 56/1/37¢
`
`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 BEAUTY CAFE and Design for cosmetics, cotton sticks
`
`for cosmetic purposes, cosmetic cream, skin whitening creams,
`
`drycleaning fluids, essential oils for personal use, eyebrow
`
`3
`
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`9
`
`cosmetics, namely, color pencils and brushes, hair lotions,
`
`§
`
`hair spray,
`lipsticks,
`face lotions, make—up, make—up powder,
`mascara, beauty masks, nail polish, cosmetic oils for
`epidermis, perfumes,
`shampoos, cosmetic creams for skin care,
`
`.
`
`‘
`
`syusm
`~MMWMW IUNM
`Vawmom
`
`=
`
`‘-‘
`
`Wm mm”
`nmm
`
`»°°°¥°94
`
`mm
`7‘
`
`i
`p_
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`7‘
`
`07-27-2005
`U.S. Patant& TMOfcITM Mail Hcpt D1. #77
`
`_
`3
`'
`
`
`
`and hand and face soap in class 3, Serial No. 76/594,274,
`
`filed May 21, 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 293/1 Soi
`
`Sukhumvit 49, North—Klongton, Wattana, Bangkok 10110,
`
`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,
`
`
`
`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 May 21, 2004 based
`
`upon a claim of first use of June 30, 2001 and first use in
`
`commerce as of May 14, 2004.
`
`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.
`
`
`
`J
`
`n
`
`4
`
`n
`
`F
`
`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
`
`
`
`J
`
`1
`
`I
`
`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 BEAUTY 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
`
`76/594,274 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)(l7) is enclosed.
`
`
`
`July 27, 2005
`
`Respectfully submitted,
`
`By we//'
`
`Donald L. Dennison
`Dennison, Schultz, Dougherty
`and Macdonald
`
`Attorneys for Opposer
`1727 King Street, Suite 105
`Alexandria, VA 22314
`(703)837-9600 Ext.
`l5
`Fax (703)837-0980
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