Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA330239
`ESTTA Tracking number:
`02/03/2010
`
`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
`
`Stroemer & Company, P.A.
`02/03/2010
`
`14030 Metropolis Ave Suite 200
`Fort Myers, FL 33912
`UNITED STATES
`
`Attorney
`information
`
`David L. Sigalow
`Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A.
`255 S. Orange Avenue Suite 1401
`Orlando, FL 32801
`UNITED STATES
`dsigalow@addmg.com Phone:407-841-2330
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77567453
`02/03/2010
`
`Publication date
`Opposition
`Period Ends
`
`10/06/2009
`02/03/2010
`
`Tuscan & Company, PA
`12621 World Plaza Lane Building #55
`Fort Myers, FL 33907
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 035.
`All goods and services in the class are opposed, namely: Accountacy services
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`
`3405002
`
`Application Date
`
`07/27/2007
`
`04/01/2008
`
`Foreign Priority
`Date
`INTEGRITY.....KNOWLEDGE.....SERVICE.....COMMITMENT
`
`NONE
`
`
`ESTTA330239
`ESTTA Tracking number:
`02/03/2010
`
`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
`
`Stroemer & Company, P.A.
`02/03/2010
`
`14030 Metropolis Ave Suite 200
`Fort Myers, FL 33912
`UNITED STATES
`
`Attorney
`information
`
`David L. Sigalow
`Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A.
`255 S. Orange Avenue Suite 1401
`Orlando, FL 32801
`UNITED STATES
`dsigalow@addmg.com Phone:407-841-2330
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77567453
`02/03/2010
`
`Publication date
`Opposition
`Period Ends
`
`10/06/2009
`02/03/2010
`
`Tuscan & Company, PA
`12621 World Plaza Lane Building #55
`Fort Myers, FL 33907
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 035.
`All goods and services in the class are opposed, namely: Accountacy services
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`
`3405002
`
`Application Date
`
`07/27/2007
`
`04/01/2008
`
`Foreign Priority
`Date
`INTEGRITY.....KNOWLEDGE.....SERVICE.....COMMITMENT
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2003/10/00 First Use In Commerce: 2003/10/00
`Accountancy services
`
`Attachments
`
`77240893#TMSN.jpeg ( 1 page )( bytes )
`Notice of Opposition with Exhibit A.pdf ( 7 pages )(2846356 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
`
`/David L. Sigalow/
`David L. Sigalow
`02/03/2010
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Trademark Application Serial No. 77/567453
`Published in the Official Gazette on October 6, 2009
`
`Stroemer & Company, P.A.,
`
`Opposer,
`
`v.
`
`Opposition No:
`
`Tuscan & Company, PA,
`
`Applicant.
`
`/
`
`NOTICE OF OPPOSITION
`
`Opposer STROEMER & COMPANY, P.A., a corporation organized and existing under
`
`the laws of the State of Florida, whose principal place of business is 14030 Metropolis Avenue,
`
`Suite 200, Fort Myers, Florida 33912, believes that it will be damaged by registration of the mark
`
`INTEGRITY SERVICE EXPERIENCE, shown in U.S. Trademark Application Serial No.
`
`77/567453, filed on September 11, 2008 for use in connection with “accountancy services”
`
`within International Class 35. Opposer believes there is a likelihood of confusion between the
`
`subject mark in the application and U.S. Service Mark Registration No. 3,405,002 for the mark
`
`INTEGRITY.....KNOWLEDGE.....SERVICE.....COMMITMENT.
`
`As grounds for opposition it is alleged that:
`
`1.
`
`Applicant seeks to register the subject mark INTEGRITY SERVICE
`
`EXPERIENCE (hereinafter referred to as “Applicant’s Mark”) as a service mark for use in
`
`connection with “accountancy services,” as evidenced by the publication of said mark in the
`
`Official Gazette on October 6, 2009.
`
`
`
`2.
`
`Applicant’s Mark was filed on the basis of intent to use on September 11, 2008.
`
`Upon information and belief, Applicant has not, to date, filed an Amendment to Allege Use in
`
`support of its application.
`
`3.
`
`Opposer is the owner of U.S. Service Mark Registration No. 3,405,002 for the
`
`mark INTEGRITY.....KNOWLEDGE.....SERVICE.....COMMITMENT for use in
`
`connection with “accountancy services (hereinafter referred to as “Opposer’s Mark), which
`
`issued on April 1, 2008 based on an application filed on July 27, 2007. A copy of this trademark
`
`registration is attached hereto as Exhibit A.
`
`4.
`
`Opposer has used Opposer’s Mark in commerce in connection with accountancy
`
`services since at least as early October 2003.
`
`In view of same, and in view of the fact that
`
`Opposer’s service mark application was filed on July 27, 2007, upon information and belief,
`
`Opposer has priority of use, application and registration.
`
`5.
`
`Opposer has extensively promoted and continuously used its mark in commerce.
`
`As a result, Opposer has developed valuable goodwill within Opposer’s Mark.
`
`6.
`
`Opposer alleges that the consuming public will be confused as to the source or
`
`origin of Applicant’s services should Applicant’s Mark be allowed to register. The parties’
`
`respective marks INTEGRITY SERVICE EXPERIENCE and
`
`INTEGRITY.....KNOWLEDGE.....SERVICE.....COMMITMENT are nearly identical. Both
`
`marks start with the word INTEGRITY and include the word SERVICE. As such, they are
`
`similar in sound, connotation and commercial impression.
`
`7.
`
`Opposer’s Mark is directed to “accountancy services” in International Class 35.
`
`The Applicant’s Mark is also directed to “accountancy services” within International Class 35.
`
`
`
`The services are, therefore, identical and would be offered to the same consumers within the
`
`same channels of trade.
`
`8.
`
`Due to the confusing similarity between Applicant’s Mark and Opposer’s Mark as
`
`applied to identical services and similarity of the respective channels of trade and classes of
`
`consumers, 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 in connection with Applicant’s Mark may reflect upon and expose Opposer to liability,
`
`and seriously injure the reputation that Opposer has established for its services.
`
`9.
`
`If Applicant is granted the registration herein opposed, it would thereby obtain at
`
`least a prima facie exclusive right to use the mark INTEGRITY SERVICE EXPERIENCE.
`
`Such a registration would be a source of damage and injury to Opposer.
`
`10.
`
`Registration of Applicant’s Mark is 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. 77/567453 be rejected, that this
`
`opposition be sustained, that the registration sought by Applicant be refused, and that Opposer be
`
`granted such additional relief as the Board deems just and proper.
`
`Respectfully submitted,
`
`Dated: Februag3, 2010
`
`Attachment: Exhibit A
`
`\
`
`David Sigalow, Es .
`Allen, Dyer, Doppe t,
`255 South Orange A
`Suite 1401
`
`'lbrath & Gilchirst, P. A.
`e
`
`Orlando, Florida 32801
`
`Phone (407) 841-2330
`Fax (407) 841-2343
`Email: dsigalow@addmg.com
`
`Attorney for Opposer
`Stroemer & Company, P.A.
`
`
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy of the foregoing was served by U. S. Mail and
`Electronic Mail on February 2, 2010 to:
`
`Tuscan & Company, PA
`12621 World Plaza Lane Building #55
`Fort Myers, Florida 33907
`
`David Sigalow,
`Allen, Dyer, Dop _o
`255 South Orange .‘
`Suite 1401
`
`ilbrath & Gilchirst, P. A.
`
`Orlando, Florida 32801
`
`Phone (407) 841-2330
`
`Fax (407) 841-2343
`Email: dsiga1ow@addmg.com
`
`
`
`
`
`EXHIBIT AEXHIBIT A
`
`
`
`Int. Cl.: 35
`
`Prior U.S. C1s.: 100, 101 and 102
`
`United States Patent and Trademark Office
`
`Reg. No. 3,405,002
`Registered Apr. 1, 2008
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`. . KNOVVLEDGE. ..
`INTEGRITY. .
`.. SERVICE. . . . . COMMITMENT
`
`STROEMER & COMPANY, P.A. (FLORIDA COR-
`PORATION)
`SUITE 2
`8961 CONFERENCE DRIVE
`FORT MYERS, FL 33919
`
`FOR: ACCOUNTANCY SERVICES, IN CLASS 35
`(us. CLS. 100,101 AND 102).
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`SER. NO. 77-240,893, FILED 7-27-2007.
`
`FIRST USE 10-0-2003; IN COMMERCE 10-0-2003.
`
`SCOTT SISUN, EXAMINING ATTORNEY
`
`
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