Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA122458
`ESTTA Tracking number:
`01/31/2007
`
`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
`
`Blink Enterprises, Inc.
`01/31/2007
`
`1560 Matthew DriveSuite D
`Fort Myers, FL 33907
`UNITED STATES
`
`Attorney
`information
`
`Bridget C. Heffernan
`Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A.
`255 S. Orange AvenueSuite 1401
`Orlando, FL 32801
`UNITED STATES
`bheffernan@addmg.com Phone:407 841-2330
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`76655374
`01/31/2007
`
`Publication date
`Opposition
`Period Ends
`
`10/03/2006
`01/31/2007
`
`Blink Entertainment, LLC
`22 West 21st Street 8th Floor
`New York, NY 10010
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 035. First Use: 2005/04/07 First Use In Commerce: 2005/04/07
`All goods and sevices in the class are opposed, namely: advertising and marketing services; public
`relations services; and advertising and publicity services, namely-- promoting the services and brand
`identity of third parties through print, audio, video, digital and on-line medium
`
`Attachments
`
`GW5121.PDF ( 5 pages )(14884 bytes )
`
`Signature
`Name
`Date
`
`/Bridget C. Heffernan/
`Bridget C. Heffernan
`01/31/2007
`
`
`ESTTA122458
`ESTTA Tracking number:
`01/31/2007
`
`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
`
`Blink Enterprises, Inc.
`01/31/2007
`
`1560 Matthew DriveSuite D
`Fort Myers, FL 33907
`UNITED STATES
`
`Attorney
`information
`
`Bridget C. Heffernan
`Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A.
`255 S. Orange AvenueSuite 1401
`Orlando, FL 32801
`UNITED STATES
`bheffernan@addmg.com Phone:407 841-2330
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`76655374
`01/31/2007
`
`Publication date
`Opposition
`Period Ends
`
`10/03/2006
`01/31/2007
`
`Blink Entertainment, LLC
`22 West 21st Street 8th Floor
`New York, NY 10010
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 035. First Use: 2005/04/07 First Use In Commerce: 2005/04/07
`All goods and sevices in the class are opposed, namely: advertising and marketing services; public
`relations services; and advertising and publicity services, namely-- promoting the services and brand
`identity of third parties through print, audio, video, digital and on-line medium
`
`Attachments
`
`GW5121.PDF ( 5 pages )(14884 bytes )
`
`Signature
`Name
`Date
`
`/Bridget C. Heffernan/
`Bridget C. Heffernan
`01/31/2007
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 76/655,374
`Published in the Official Gazette on October 3, 2006
`
`BLINK ENTERPRISES, INC.,
`
`V.
`
`Opposer,
`
`Opposition No:T
`Mark: BLINK ENTERTAINMENT
`
`BLINK ENTERTAINMENT, LLC,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Opposer Blink Enterprises, Inc., a Florida corporation whose principal place of business
`
`is 1560 Matthew Drive, Suite D, Fort Myers, Florida, 33907, believes that it will be damaged by
`
`registration of the mark BLINK ENTERTAINMENT, shown in Serial No. 76/655,374,
`
`in
`
`International Class 35 for “advertising and marketing services; public relations services; and
`
`advertising and publicity services, namely—— promoting the services and brand identity of third
`
`parties through print, audio, video, digital and on—line medium,” and hereby opposes registration
`
`of the application pursuant to an Extension of Time allowed on October 31, 2006.
`
`As grounds for opposition it is alleged that:
`
`1.
`
`Applicant
`
`Blink
`
`Entertainment,
`
`LLC,
`
`seeks
`
`to
`
`register
`
`BLINK
`
`ENTERTAINMENT as a service mark for “advertising and marketing services; public relations
`
`services; and advertising and publicity services, namely—— promoting the services and brand
`
`1
`
`
`
`identity of third parties through print, audio, video, digital and on—line medium,” as evidenced by
`
`the publication of the mark in the Official Gazette on October 3, 2006.
`
`2.
`
`Applicant filed its application on February 17, 2006, based on use of the mark in
`
`interstate commerce since April 7, 2005.
`
`3.
`
`Opposer Blink Enterprises, Inc. is a full service marketing and advertising agency
`
`with offices in Fort Myers, Florida, Chicago and Los Angeles. Opposer produces active
`
`websites, animation, high—design graphics, commercials, and full—scale public relations and
`
`marketing campaigns on behalf of its clients.
`
`4.
`
`Upon information and belief, Opposer has used the service mark BLINK in
`
`commerce in connection with advertising and marketing services at least as early as 1998.
`
`5.
`
`Opposer is the owner of U.S. Application Serial No. 77/033,439 for the service
`
`mark BLINK for use in connection with “advertising and marketing services; public relations
`
`services; and advertising and publicity services, namely— promoting the services and brand
`
`identity of third parties through print, audio, video, digital and on—line medium; computer
`
`software development; art design services for others; graphic art design services for others;
`
`production services namely, video,
`
`television, streaming video and audio media production
`
`services; DVD mastering; production of DVDs, namely DVD authoring, content acquisition and
`
`manufacturing, editing, compression and post—production; interactive application development;
`7
`
`preparation of media for streaming delivery,’
`
`in International Class 35. The application was
`
`filed on October 31, 2006, based on use of the mark in interstate commerce since at least as early
`
`as 1999.
`
`
`
`6.
`
`For the past eight (8) years, Opposer has extensively promoted and continuously
`
`used the mark BLINK in connection with the services identified in its U.S. Application Serial
`
`No. 77/033,439. As a result, Opposer’s mark has developed and currently represents valuable
`
`goodwill to Opposer.
`
`7.
`
`Opposer first used the service mark BLINK in connection with its services in
`
`interstate commerce before Applicant’s application was filed, and on information and belief,
`
`before Applicant’s alleged first use of its mark in connection with its own services.
`
`8.
`
`In its application, Applicant disclaimed “ENTERTAINMENT” apart from the
`
`mark as shown, and the remaining portion of Applicant’ s mark BLINK ENTERTAINMENT is
`
`identical to Opposer’s mark BLINK.
`
`9.
`
`Applicant’s services as identified in its application, namely, “advertising and
`
`marketing services; public relations services; and advertising and publicity services, namely—-
`
`promoting the services and brand identity of third parties through print, audio, video, digital and
`
`on—line medium” in Class 35, are entirely encompassed by Opposer’s services, as identified in its
`
`application, namely, “advertising and marketing services; public relations
`
`services; and
`
`advertising and publicity services, namely— promoting the services and brand identity of third
`
`parties through print, audio, video, digital and on—line medium; computer software development;
`
`art design services for others; graphic art design services for others; production services namely,
`
`video,
`
`television, streaming video and audio media production services; DVD mastering;
`
`production of DVDs, namely DVD authoring, content acquisition and manufacturing, editing,
`
`compression and post—production; interactive application development; preparation of media for
`
`
`
`streaming delivery,” in Class 35. Also, Applicant’s channels of trade and classes of purchasers
`
`are likely very similar or identical to those of Opposer.
`
`10.
`
`Due to the similarity between Applicant’s mark and services and Opposer’s
`
`previously used mark and services, the registration of Applicant’s mark will cause great damage
`
`and injury to Opposer. Persons familiar with Opposer’s mark and services would likely confuse
`
`Applicant’s services with those provided by Opposer. Any defect, objection or fault found with
`
`Applicant’s services offered under the mark BLINK ENTERTAINMENT may reflect upon and
`
`expose Opposer to liability, and seriously injure the reputation that Opposer has established for
`
`its services.
`
`ll.
`
`If Applicant is granted the registration herein opposed, it would obtain at least a
`
`prima facie exclusive right to use the mark BLINK ENTERTAINMENT, thereby causing
`
`damage and injury to Opposer.
`
`12.
`
`If Applicant
`
`is granted the registration herein opposed,
`
`it may preclude
`
`registration of Opposer’s mark BLINK as shown in U.S. Application Serial No. 77/033,439.
`
`13.
`
`Registration of Applicant’s mark is also likely to dilute the ability of Opposer’s
`
`mark to identify and distinguish Opposer as the source of its services.
`
`WHEREFORE, Opposer prays that Application Serial No. 76/655,374 be rejected, that
`
`this opposition be sustained, that the registration therein sought for the services specified in
`
`International Class 35 be refused, and that Opposer be granted such additional relief as the Board
`
`deems just and proper.
`
`
`
`Dated: January 31, 2007
`
`Respectfully submitted,
`
`/Bridget C. Heffernanl
`David L. Sigalow, 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: bheffernan @ addmg.com
`Attorneys for Opposer
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