Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA224409
`ESTTA Tracking number:
`07/16/2008
`
`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
`
`Renato Watches, Inc.
`07/16/2008
`
`14051 NW 14th Street
`Sunrise, FL 33323
`UNITED STATES
`
`Correspondence
`information
`
`Renato Watches, Inc.
`14051 NW 14th Street
`Sunrise, FL 33323
`UNITED STATES
`lkaufman@rra-law.com Phone:(54)522-3456
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77142166
`07/16/2008
`
`Publication date
`Opposition
`Period Ends
`
`03/18/2008
`07/16/2008
`
`Ira S. Krieger
`3rd Floor 1665 Washington Avenue
`Miami Beach, FL 33139
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 014.
`All goods and services in the class are opposed, namely: watches; clocks; jewelry
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`Registration Date
`
`77203908
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`STALLION
`
`NONE
`
`Application Date
`
`06/12/2007
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Goods/Services
`
`Class 014. First use:
`Watches
`
`Attachments
`
`77203908#TMSN.jpeg ( 1 page )( bytes )
`NOTICE OF OPPOSITION Stallion as filed 7-16-08.pdf ( 3 pages )(79394 bytes
`)
`
`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.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`s/Lisa N. Kaufman/
`Renato Watches, Inc.
`07/16/2008
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial No: 77/142,166
`Published in the Official Gazette on March 18, 2008
`
`Renato Watches, 1nc.,
`
`Opposer
`
`V .
`
`Ira S. Krieger, an individual,
`
`Opposition No.
`
`Applicant
`
`
`NOTICE OF OPPOSITION
`
`Renato Watches, Inc., a Florida corporation, with its principal place of business at 14051
`NW 14 Street, Sunrise, Florida 33323, believes that it will be damaged by the registration of the
`mark shown in Application Serial Number S.N. 77/ 142,166 in lntemational Class 14 and hereby
`opposes the same:
`
`As grounds for the opposition it is alleged that:
`
`1. Applicant, Ira S. Krieger, an individual, with an address at 11665 Washington Avenue, Miami
`Beach, FL 33139, seeks to register the mark SEA STALLION for watches, clocks and jewelry
`in International Class 14 under Serial No. 74/ 142166 based on intent to use. This application
`was filed on March 28, 2007 and published on March 18, 2008.
`
`2. Opposer is well known in the watch industry and has been engaged in the marketing of its
`watches since at least as early as December 2006.
`
`3. Opposer has used its well-recognized mark, STALLION, since a date prior to Applicant’s
`date of its application for registration in the U.S. Trademark Office.
`
`4. Opposer’s STALLION mark is the subject of U.S. Trademark Application Serial No.
`77/203,908 filed on June 12, 2007 for watches. Opposer’s STALLION trademark application
`
`1
`
`

`
`was suspended by the USPTO Examining Attorney on September 15, 2007, pending the outcome
`of registration of Applicant’s mark SEA STALLION.
`
`5. By virtue of its efforts and the expenditure of considerable sums for the advertising and
`promotion of its distinctive STALLION watches as well as extensive sales of the product,
`Opposer has gained for its above identified mark a valuable reputation and goodwill.
`
`6. Applicant’s SEA STALLION mark is so similar to Opposer’s STALLION mark as to be
`likely to cause confusion, mistake or deception as to the source of those products, especially
`because App1icant’s mark is sought to be used in conjunction with goods that are identical to or
`closely related to the goods of Opposer.
`
`7. If Applicant is permitted to register the mark SEA STALLION herein opposed for the goods
`specified in International Class 14, namely watches, clocks and jewelry,
`in its application,
`confusion in the trade and for the consumer will likely result, causing damage and injury to the
`Opposer. Persons familiar with Opposer’s STALLION mark would be likely to purchase
`Applicant’s products in the mistaken belief that such goods originate with or are sponsored by or
`affiliated with Opposer. Any such confusion will inevitably result in loss of sales to Opposer.
`Moreover, any objection or fault found with Applicant’s products sold under the mark herein
`opposed would necessarily reflect upon and seriously injure the reputation which Opposer has
`established for its products offered under its mark and thereby erode the valuable goodwill
`established by Opposer in its mark.
`
`8. If Applicant is granted the registration herein opposed, it will thereby obtain at least a prima
`facie exclusive right to use of that mark. Such registration of the mark at issue herein would be
`inconsistent with the prior rights of Opposer in its STALLION mark and would be a source of
`damage and injury to Opposer.
`
`WHEREFORE, Opposer prays that this opposition be sustained and that Application
`Serial Number 77/ 142,166 be rejected, and that registration of the mark shown therein for the
`goods set forth in International Class 14 therein be refused and denied.
`
`The Commissioner is hereby authorized to charge Deposit Account No. 503968 in the
`amount of $300.00 for the fee for this Notice of Opposition required by Trademark Rule of
`
`

`
`Practice 2.6 (a)(l7). Should there be any additional fees, please charge those fees to this deposit
`account as well.
`
`Date: July 16, 2008
`
`Respectfully submitted,
`
`
`
`ROTHSTEIN ROSENFELDT ADLER
`
`401 East Las Olas Blvd., Suite 1650
`
`Ft. Lauderdale, FL 33301
`
`(954)522-3456 Phone
`(954)527-8663 Facsimile
`E-Mail:
`lkaufman@rra-law.com
`ATTORNEYS FOR OPPOSER
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing Notice of Opposition
`against Application Serial No. 77/142,166 was served by First Class U.S. Mail, postage prepaid,
`on July 16, 2008 on Attorney for Opposer, John Cyril Malloy, III, at Malloy & Malloy, P.A. 2800
`S.W. Third Avenue, Miami, Florida 33129.