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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA97983
`ESTTA Tracking number:
`09/06/2006
`
`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
`Entity
`Address
`
`MaryB.Walker
`Individual
`3149 Ocean Drive
`Vero Beach, FL 32963
`UNITED STATES
`
`Citizenship
`
`UNITED STATES
`
`Attorney
`information
`
`Bridget C. Heffernan
`Allen, Dyer, Doppelt, Milbrath & Gilchrist, P. A.
`255 South Orange Avenue Suite 1401
`Orlando, FL 32801
`UNITED STATES
`bheffernan@addmg.com, hallen@addmg.com Phone:407 841-2330
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`78639659
`09/06/2006
`
`Publication date
`Opposition
`Period Ends
`
`08/08/2006
`09/07/2006
`
`D'Vine Cravings, LLC
`7505 Calderon Ct., Unit F
`Alexandria, VA 22306
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 030. First Use: 2002/07/00 First Use In Commerce: 2003/07/00
`All goods and sevices in the class are opposed, namely: Bakery desserts; bakery goods; bakery
`products
`Class 035. First Use: 2002/07/00 First Use In Commerce: 2003/07/00
`All goods and sevices in the class are opposed, namely: Retail bakery shops; retail shops featuring
`baked goods, sandwiches and beverages
`
`Attachments
`
`GC9463.PDF ( 5 pages )(14106 bytes )
`
`Signature
`Name
`Date
`
`/Bridget C. Heffernan/
`Bridget C. Heffernan
`09/06/2006
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 78/639,659
`Published in the Official Gazette on August 8, 2006
`
`MARY B. WALKER,
`
`Opposer,
`
`V.
`
`Opposition No:
`
`D’VINE CRAVINGS LLC
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Opposer Mary B. Walker, a United States citizen whose address is 3149 Ocean Drive,
`
`Vero Beach, Florida, 32963, believes that she will be damaged by registration of the mark
`
`D’VINE CRAVINGS, shown in Serial No. 78/639,659, in International Classes 30 for “bakery
`
`desserts, bakery goods, bakery products,” and in International Class 35 for “retail bakery shops;
`
`retail shops featuring baked goods, sandwiches and beverages,” and hereby opposes registration
`
`of the application in Classes 30 and 35, pursuant to an Extension of Time allowed on August 22,
`
`2006.
`
`As grounds for opposition it is alleged that:
`
`1.
`
`Applicant seeks to register D’VINE CRAVINGS as a trademark for the above-
`
`described goods and services, as evidenced by the publication of the mark in the Official Gazette
`
`on August 8, 2006.
`
`

`
`2.
`
`Applicant filed its application on May 30, 2005, based on use of the mark in
`
`commerce since July 2003.
`
`3.
`
`Opposer is the owner of the following trademarks and service marks:
`
`CRAVINGS
`
`GOODS/SERVICES
`
`Foodstuffs, namely, cookies, brownies,
`candy, muffins, croissants, rolls, cakes
`and specialty gift packages consisting
`primarily of cookies, brownies, candy,
`muffins, croissants, rolls and cakes, in
`Class 30.
`
`mmUSE
`
`1983
`
`U.S.
`
`REG. NO.
`
`2,994,188
`
`CRAVINGS COOKIES Foodstuffs, namely, cookies, brownies,
`candy, muffins, croissants, rolls, cakes
`and specialty gift packages containing
`same, in Class 30
`
`3,057,082
`
`CRAVINGS BY MAIL Mail order services in the field of
`
`10/25/1989
`
`1,731,788
`
`CRAVINGS
`
`COMPULSIVE
`CRAVINGS
`
`foods, in Class 42.
`
`Restaurant services; retail bakery, ice
`cream and candy store services, in
`Class 42.
`
`5/13/1983
`
`1,522,155
`
`Candy, in Class 30
`
`7/1/1983
`
`1,351,957
`
`CRAVINGSBYMAIL.
`
`Food mail order services
`
`COM
`
`1-877-7CRAVING
`
`Food mail order services
`
`CRAVINGS ON THE
`
`Breakfast cookies
`
`MOVE
`
`1998
`
`1998
`
`2001
`
`

`
`3.
`
`Opposer has extensively promoted and continuously used each of her marks, and
`
`has made significant sales of products under each of her marks and, as a result, Opposer’s marks
`
`have developed and represent valuable goodwill to Opposer.
`
`4.
`
`Opposer has exclusive rights to use each of the federally registered marks in
`
`commerce. Further, Registration Nos. 1,731,788; 1,522,155; and 1,351,957 are incontestable,
`
`which is conclusive evidence of Opposer’s exclusive right to use these marks in commerce in
`
`connection with the goods listed above.
`
`5.
`
`Opposer has used each of her marks in commerce prior to Applicant's filing of its
`
`application, and on information and belief, before Applicant’s alleged first use of its mark in
`
`connection with its goods.
`
`6.
`
`Applicant’s mark D’VINE CRAVINGS is confusingly and deceptively similar to
`
`each of Opposer’s marks, namely, CRAVINGS, CRAVINGS COOKIES, CRAVINGS BY
`
`MAIL, CRAVINGS, COMPULSIVE CRAVINGS, CRAVINGSBYMAIL.COM, 1-877-
`
`7CRAVINGS, and CRAVINGS ON THE MOVE. Applicant’s mark is very similar in sight,
`
`sound, connotation, and commercial impression to each of Opposer’s marks.
`
`7.
`
`Applicant’s goods, “bakery desserts, bakery goods, bakery products,” in Class 30
`
`and “retail bakery shops; retail shops featuring baked goods, sandwiches and beverages,” in
`
`Class 35, are very similar and closely related to Opposer’s goods, including cookies, brownies,
`
`candy, muffins, croissants, rolls, cakes and specialty gift packages consisting primarily of
`
`cookies, brownies, candy, muffins, croissants, rolls and cakes,
`
`in Class 30; retail bakery, ice
`
`

`
`cream and candy store services, in Class 42; and food mail order services. Applicant’s channels
`
`of trade and class of purchasers are very similar to those of Opposer.
`
`8.
`
`Due to the sin1ilarity between Applicant’s mark and goods and Opposer’s
`
`previously used and registered marks and goods and services, the registration of Applicant’s
`
`mark will cause great damage and injury to Opposer. Persons familiar with Opposer's marks,
`
`goods, and services would likely confuse Applicant's goods and services with those provided by
`
`Opposer. Any defect, objection or fault found with Applicant’s goods offered under the mark
`
`D’VINE CRAVINGS may reflect upon and expose Opposer to liability, and seriously injure the
`
`reputation that Opposer has established for her goods and services.
`
`9.
`
`If Applicant is granted the registration herein opposed, it would obtain at least a
`
`prima facie exclusive right to use the mark D’VINE CRAVINGS, thereby causing damage and
`
`injury to Opposer.
`
`10.
`
`Registration of Applicant’s mark is likely to dilute the ability of Opposer’s marks
`
`to identify and distinguish Opposer as the source of her goods and services.
`
`

`
`WHEREFORE, Opposer prays that Application Serial No. 78/639,659 be rejected, that
`
`this opposition be sustained,
`
`that the registration therein sought for the goods specified in
`
`International Classes 30 and 35 be refused, and that Opposer be granted such additional relief as
`
`the Board deems just and proper.
`
`Respectfully submitted,
`
`/Bridget C. Heffernan/
`Herbert L. Allen, Esquire
`Bridget C. Heffernan, Esquire
`Allen, Dyer, Doppelt,
`Milbrath & Gilchrist, P.A.
`
`255 South Orange Avenue, Suite 1401
`Orlando, Florida 32801
`Phone: 407 841-2330
`
`Fax: 407 841-2343
`
`E—mail: hallen@ addmg.com
`Attorneys for Opposer

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