Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA67536
`ESTTA Tracking number:
`02/22/2006
`
`Filing date:
`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
`Granted to Date
`of previous
`extension
`Address
`
`D.O.C. Optics Corporation
`02/22/2006
`
`19800 West Eight Mile Road
`Southfield, MI 48075
`UNITED STATES
`
`Attorney
`information
`
`Matthew R. Mowers
`BROOKS KUSHMAN P.C.
`1000 Town Center
`Southfield, MI 48075
`UNITED STATES
`sgibbons@brookskushman.com,mmowers@brookskushman.com
`Phone:248-358-4400
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`76603454
`02/22/2006
`
`Publication date
`Opposition
`Period Ends
`
`10/25/2005
`02/22/2006
`
`Crabtree, John
`130 Lubrano Drive, Suite 108
`Annapolis, MD 21401
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 025.
`All goods and sevices in the class are opposed, namely: CLOTHING, NAMELY, SHIRTS,
`SWEATSHIRTS, JACKETS, HATS, AND VISORS
`
`Attachments
`
`doc_opp.pdf ( 4 pages )
`
`Signature
`Name
`Date
`
`/matthew r. mowers/
`Matthew R. Mowers
`02/22/2006
`
`
`ESTTA67536
`ESTTA Tracking number:
`02/22/2006
`
`Filing date:
`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
`Granted to Date
`of previous
`extension
`Address
`
`D.O.C. Optics Corporation
`02/22/2006
`
`19800 West Eight Mile Road
`Southfield, MI 48075
`UNITED STATES
`
`Attorney
`information
`
`Matthew R. Mowers
`BROOKS KUSHMAN P.C.
`1000 Town Center
`Southfield, MI 48075
`UNITED STATES
`sgibbons@brookskushman.com,mmowers@brookskushman.com
`Phone:248-358-4400
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`76603454
`02/22/2006
`
`Publication date
`Opposition
`Period Ends
`
`10/25/2005
`02/22/2006
`
`Crabtree, John
`130 Lubrano Drive, Suite 108
`Annapolis, MD 21401
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 025.
`All goods and sevices in the class are opposed, namely: CLOTHING, NAMELY, SHIRTS,
`SWEATSHIRTS, JACKETS, HATS, AND VISORS
`
`Attachments
`
`doc_opp.pdf ( 4 pages )
`
`Signature
`Name
`Date
`
`/matthew r. mowers/
`Matthew R. Mowers
`02/22/2006
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Trademark Application
`
`Serial No.:
`
`76/603,454
`
`Filed:
`
`July 22, 2004
`
`Trademark:
`
`D. O. C.
`
`Atty. Docket No.:
`
`DOC 0197 OC
`
`Published in the Official Gazette on October 26, 2005 on page TM 1178.
`
`D.O.C. Optics Corporation,
`
`Opposer,
`
`V.
`
`John Crabtree.
`
`d/b/a D.O.C. Clothing
`
`Applicant.
`
`\./\y\./\./\;\J\2\/\/\—/
`
`Opposition No.
`
`NOTICE OF OPPOSITION
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`Opposer, D.O.C. Optics Corporation (hereinafter “Opposer”), a Delaware
`
`Corporation, having a principal place of business at 19800 West Eight Mile Road, Southfield,
`
`Michigan 48075, believes that it is or will be damaged by the registration of the mark D.O.C.
`
`shown in Application Serial No. 76/603,454, published in the Oflicial Gazette at TM 1178 on
`
`October 25, 2005, and hereby opposes registration of the same.
`
`As grounds of opposition, it is alleged that:
`
`
`
`Serial No.: 76/603,454
`
`Atty. Docket No.: DOC 0197 OC
`
`1.
`
`Opposer is a world famous optometric service and retail chain operating one
`
`hundred stores in seven states and has used the mark D.O.C. in connection with its business
`
`operations for almost sixty years in commerce.
`
`2.
`
`Upon information and belief, Applicant John Crabtree (“Applicant”) filed
`
`an intent—to—use based application for the mark D.O.C. on July 22, 2004. As published, that
`
`application covers “clothing, namely, shirts, sweatshirts, jackets, hats and visors” in Int Class 25.
`
`3.
`
`Upon information and belief, Applicant’s application has been assigned
`
`Serial No. 76/603,454.
`
`4.
`
`Opposer owns incontestible U.S. Trademark Registration No. 1,698,521
`
`for the mark D.O.C. SPORT VISION for “retail store services in the field of eyewear, clothing
`
`and sports equipment and optometric services,” in International Class 42 and U.S. Trademark
`
`Registration No. 2,845,880 for the mark D.O.C. CITY EYES for “retail optical store services
`
`and retail store services in the fields of eyeglasses, sunglasses, eyeglass frames and accessories,
`
`ophthalmic lenses, contact lenses, jewelry and clothing” in International Class 35.
`
`5.
`
`U.S. Registration Nos. 1,698,521 and 2,845,880 are valid and subsisting,
`
`and constitute prima facie evidence of the validity of the registrations, of Opposer's ownership
`
`of and exclusive right to use the marks in commerce, and provides constructive notice of
`
`ownership thereof by Opposer.
`
`6.
`
`Opposer has used the mark D.O.C. SPORT VISION since at least as early
`
`as September, 1990 and D.O.C. CITY EYES since at least as early as October, 2002 in
`
`-2-
`
`
`
`Serial No.2 76/603,454
`
`Atty. Docket No.: DOC 0197 OC
`
`connection with retail store services in, among other fields, clothing and merchandising.
`
`7.
`
`Opposer has expended considerable effort and expense in promoting its use
`
`of its trademarks and the goods associated with the marks, with the result that the purchasing
`
`public has come to know and recognize the products bearing this mark as those associated with
`
`Opposer. Opposer has exceedingly valuable goodwill established in this mark.
`
`8.
`
`There is no issue as to priority. Upon information and belief,
`
`the
`
`Applicant's date of first use is subsequent to Opposer’s first use of the marks.
`
`9.
`
`Upon information and belief, at the time Applicant filed its trademark
`
`application to register D .0. C. , Applicant had full knowledge that Opposer owned U . S. Trademark
`
`Registration Nos. 1,698,521 and 2,845,880.
`
`10.
`
`The goods identified by Applicant’s D.O.C. mark are confusingly similar
`
`to the products and accessories protected by Opposer’s trademark registrations.
`
`ll.
`
`Applicant’s mark so resembles Opposer’s marks as to be likely, when used
`
`in connection with Applicant’s goods, to cause confusion, or to cause mistake, or to deceive under
`
`Section 2(d) of the Lanham Act, as amended, 15 U.S.C. § 1052(d). Applicant’s confusingly
`
`similar mark will likely result in damage and injury to Opposer. Persons familiar with Opposer’s
`
`marks would be likely to purchase Applicant's goods bearing the mark D.O.C. in the belief that
`
`the Applicant's goods originate from, are sponsored or approved by Opposer.
`
`
`
`Serial No.: 76/603,454
`
`Atty. Docket No.: DOC 0197 0C
`
`12.
`
`If Applicant is granted the registration herein opposed, it would obtain at
`
`least a prima facie exclusive right to use of the D.O.C. mark, and such registration would be a
`
`source of damage and injury to Opposer.
`
`13.
`
`App1icant’s use of the D.O.C. mark is likely to cause, and will cause,
`
`dilution of the distinctive value of Opposer’s D.O.C. mark under Section 43© of the Lanham Act
`
`of 1946, as amended, 15 U.S.C. §1125©.
`
`14.
`
`For the foregoing reasons, Opposer will be damaged by the registration of
`
`the mark D.O.C.
`
`WHEREFORE, Opposer D.O.C. Optics Corporation requests that registration of
`
`the mark D.O.C. , Application Serial No. 76/603,454, be refused and this opposition be sustained.
`
`The Commissioner is hereby authorized to charge the fee to Deposit Account No.
`
`02-3978.
`
`Respectfully submitted,
`
`% ' r\By
`
`
`Mark A. Cantor
`
`Matthew R. Mowers
`
`Attorney/Agent for Opposer
`
`Date: February 22, 2006
`
`BROOKS KUSHMAN P.C.
`
`1000 Town Center, 22nd Floor
`
`Southfield, MI 48075
`
`Tel: (248) 358-4400
`
`
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