Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA197074
`ESTTA Tracking number:
`03/07/2008
`
`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
`
`ThinkFun, Inc.
`03/09/2008
`
`1321 Cameron Street
`Alexandria, VA 22314
`UNITED STATES
`
`Correspondence
`information
`
`Nate A. Garhart
`Coblentz, Patch, Duffy & Bass LLP
`One Ferry Building Suite 200
`San Francisco, CA 94111
`UNITED STATES
`tm@cpdb.com Phone:415 391-4800
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77190559
`03/07/2008
`
`Publication date
`Opposition
`Period Ends
`
`09/11/2007
`10/11/2007
`
`New Line Productions, Inc.
`888 Seventh Avenue
`New York, NY 10106
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 016.
`Opposed goods and services in the class: books containing puzzles and games, children's activity
`sets comprised of puzzle and maze books, instructional manuals and strategy guides for games
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2092212
`
`08/26/1997
`
`Word Mark
`Design Mark
`Description of
`
`RUSH HOUR
`
`NONE
`
`Application Date
`
`04/05/1996
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA197074
`ESTTA Tracking number:
`03/07/2008
`
`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
`
`ThinkFun, Inc.
`03/09/2008
`
`1321 Cameron Street
`Alexandria, VA 22314
`UNITED STATES
`
`Correspondence
`information
`
`Nate A. Garhart
`Coblentz, Patch, Duffy & Bass LLP
`One Ferry Building Suite 200
`San Francisco, CA 94111
`UNITED STATES
`tm@cpdb.com Phone:415 391-4800
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77190559
`03/07/2008
`
`Publication date
`Opposition
`Period Ends
`
`09/11/2007
`10/11/2007
`
`New Line Productions, Inc.
`888 Seventh Avenue
`New York, NY 10106
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 016.
`Opposed goods and services in the class: books containing puzzles and games, children's activity
`sets comprised of puzzle and maze books, instructional manuals and strategy guides for games
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2092212
`
`08/26/1997
`
`Word Mark
`Design Mark
`Description of
`
`RUSH HOUR
`
`NONE
`
`Application Date
`
`04/05/1996
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Mark
`Goods/Services
`
`Class 028. First use: First Use: 1996/09/18 First Use In Commerce: 1996/09/18
`amusement devices, namely, manipulative puzzles
`
`Attachments
`
`RUSH HOUR opposition.pdf ( 5 pages )(18714 bytes )
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Signature
`Name
`Date
`
`/nate a. garhart/
`Nate A. Garhart
`03/07/2008
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`THINKFUN INC.
`
`Opposer,
`
`V.
`
`NEW LINE PRODUCTIONS, INC.
`
`Applicant.
`
`\_/\_/\_/\_/\_/\_/\y\_/\_/\_/
`
`Opposition No.
`
`Serial No.: 77/190,559
`
`NOTICE OF OPPOSITION
`
`Opposer, ThinkFun Inc., a Virginia corporation, located at 1321 Cameron Street,
`
`Alexandria, Virginia 22314-2401 ("ThinkFun" or the "Opposer"), believes that it will be
`
`damaged by the registration of the United States Patent and Trademark Office
`
`Application Serial No. 77/190,559 (the "Application"), and hereby opposes such
`
`registration.
`
`The Application was filed by New Line Productions, Inc. (the "Applicant"), on
`
`May 25, 2007, and was published for opposition in the Official Gazette on October 11,
`
`2007. In the Application, the Applicant has applied to register the mark RUSH HOUR
`
`(the "Mark") in International Class 016 for use in connection with, among other things
`
`"books containing puzzles and games," "children's activity sets comprised of puzzle and
`
`maze books," and "instructional manuals and strategy guides for games."
`
`As grounds of opposition, Opposer, on information and belief, avers that:
`
`1.
`
`ThinkFun has been using the trademark RUSH HOUR in connection with
`
`its game products since at least as early as 1996. Such first use is long prior to any
`
`priority date upon which applicant can rely. Opposer currently uses its RUSH HOUR
`
`13225.001.815766V1
`
`
`
`mark in connection with eight of its game products: RUSH HOUR, RUSH HOUR 2,
`
`RUSH HOUR 3, RUSH HOUR 4, RUSH HOUR JR., RUSH HOUR DELUXE,
`
`RAILROAD RUSH HOUR, and SAFARI RUSH HOUR.
`
`2.
`
`The use has been valid and continuous since at least 1996, and has not
`
`been abandoned. Moreover, ThinkFun owns a federal registration (U.S. Patent and
`
`Trademark Office Reg. No. 2,092,212) for the RUSH HOUR mark for use in connection
`
`with "amusement devices, namely, manipulative puzzles." The RUSH HOUR mark is
`
`symbolic of extensive good will and consumer recognition built by ThinkFun through
`
`substantial amounts of time, effort, and expense in advertising and promotion. ThinkFun
`
`has offered its products under the trademark with the result that the purchasing public has
`
`come to know, rely upon, and recognize the products of ThinkFun by the RUSH HOUR
`
`trademark.
`
`3.
`
`ThinkFun's RUSH HOUR games are well—known, having received
`
`multiple awards including the following:
`
`Rush Hour®:
`
`Dr. Toy's Best Classic Products — 2006
`
`Parents’ Choice Best 25 Toys in 25 Years — 2003
`
`Grandparents Magazine Top Games — 2003
`
`iGrandparents.com Holiday Bets — Best Game — 2002
`
`PlayDate 2002 Best Selling Games List
`
`Consumer Reports® Gift Guide — Named A Top 3 Game — 2001
`
`Canadian Toy Testing Council: Best Bet Award—l998, 1999
`
`Specialty Retailer: Games Category Top Toy of 1998
`
`13225.001.8l5766vl
`
`
`
`Child Magazine: Child’s Choice—l998
`
`ASTRA Retailers’ Great Travel Toys—l998
`
`Learning Magazine: Teachers’ Choice Award—l998
`
`Parents Magazine: Best Toys—l997
`
`Playthings Magazine: Mainstay Bestseller—l997
`
`American Mensa Mind Games Competition: "Select" Award -1997
`
`Dr. Toy's Best Children’s Vacation Toys—l997
`
`Oppenheim Toy Portfolio: Platinum Award—l997
`
`National Association of Parenting Publications Award—l997
`
`ASTRA Retailers’ Favorites for the Holidays—l997
`
`Parents’ Choice Honors— 1 997
`
`Games Magazine: Games 100 List—l997
`
`Ru sh Hour® Deluxe Edition
`
`TDm0nthly Classic 2007 Award — 2007
`
`Rush Hour® Jr.
`
`Parents Choice Gold Award Winner — 2000
`
`National Parenting Publications Honors Award — 2000
`
`Railroad Rush Hour®
`
`Oppenheim Toy Portfolio: Gold Award—2000
`
`Parent’s Choice Award—l999
`
`National Parenting Center: Seal of ApproVal—l999
`
`Oppenheim Toy Portfolio: Gold Award—l999
`
`Dr. Toy: Best Vacation Product—l999
`
`13225.001.8l5766Vl
`
`
`
`Games Magazine: Best Games—l999
`
`Parents Magazine: Recommended Toy for Kids Ages 7 and Up—l999
`
`Safari Rush Hour®
`
`The Lion & the Lamb Project: Top 20 non—Violent Toy List — 200l
`
`Oppenheim Toy Portfolio: Gold Award—200l
`
`The Lion & the Lamb Project: Top 20 non—Violent Toy List — 2000
`
`Oppenheim Toy Portfolio: Gold Award — 2000
`
`Parent's Choice Approved Winner — 2000
`
`National Parenting Publications Honors Award — 2000
`
`Child Magazine's Toys 2000 The Best and the Brightest
`
`4.
`
`By Virtue of its efforts and expenditures, as well as the excellence of its
`
`RUSH HOUR products, ThinkFun has gained an exceedingly Valuable reputation and a
`
`high degree of goodwill for its RUSH HOUR trademark.
`
`5.
`
`In View of i) the fact that the Mark is identical to ThinkFun's RUSH
`
`HOUR trademark, and ii) the identical and/or related nature of Applicant’s goods to those
`
`of ThinkFun, the Mark so resembles ThinkFun's RUSH HOUR trademark that its use by
`
`Applicant is likely to cause consumer confusion as to the origin of Applicant's and/or
`
`Opposer's goods and the purchasing public will be deceived into believing that such
`
`goods originate with, or are otherwise licensed, sponsored or authorized by the other
`
`party.
`
`6.
`
`If Applicant is permitted to use and register its mark for the goods
`
`specified in the Application, the similarity between Applicant's mark and ThinkFun's
`
`identical trademark will cause confusion, mistake, and deception in the trade, which will
`
`13225.001.8l5766Vl
`
`
`
`in turn result in damage and injury to ThinkFun. Persons familiar with ThinkFun's
`
`products will be likely to perceive Applicant's products as being related to those offered
`
`by ThinkFun. Such confusion inevitably will result in loss of sales to ThinkFun.
`
`Furthermore, any defect, objection, or fault found with Applicant's products marketed
`
`under the Mark will necessarily reflect upon and seriously injure the excellent reputation
`
`that ThinkFun has established for its products.
`
`7.
`
`Moreover, if Applicant is permitted to obtain registration of the Mark, it
`
`will receive the prima facie exclusive right to use in commerce the Mark to identify
`
`services that are identical to those sold by ThinkFun under its RUSH HOUR mark in
`
`markets in which Applicant's goods compete with those of ThinkFun. Such a registration
`
`will be a source of consumer confusion, as well as damage and injury to ThinkFun.
`
`8.
`
`Opposer therefore requests that the registration of the mark be denied and
`
`for such other relief as deemed appropriate.
`
`13225.001.8l5766vl
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