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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA488961
`ESTTA Tracking number:
`08/14/2012
`
`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
`
`C.E.M. Solutions, Inc.
`08/15/2012
`
`1183 E. Overdrive Circle
`Hernando, FL 34442
`UNITED STATES
`
`Attorney
`information
`
`Allison R. Imber, Esq.
`Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A.
`255 S. Orange Avenue, Suite 1401
`Orlando, FL 32801
`UNITED STATES
`aimber@addmg.com Phone:407-841-2330
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85341808
`08/14/2012
`
`Publication date
`Opposition
`Period Ends
`
`04/17/2012
`08/15/2012
`
`Entec Services, Inc.
`30 Monroe Drive
`Pelham, AL 35124
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 2010/10/21 First Use In Commerce: 2010/10/21
`All goods and services in the class are opposed, namely: Electronic device used in connection with
`the testing of air quality in commercial settings
`Class 042. First Use: 2010/10/21 First Use In Commerce: 2010/10/21
`All goods and services in the class are opposed, namely: Environmental services, namely, air
`pollution testing and consulting related thereto
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application/
`Registration No.
`Registration Date
`Word Mark
`
`NONE
`
`Application Date
`
`NONE
`
`NONE
`C.E.M. SOLUTIONS
`
`

`
`Goods/Services
`
`Air pollution monitoring goods and services
`
`Attachments
`
`Notice of Opposition.pdf ( 4 pages )(14233 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
`
`/Allison R. Imber/
`Allison R. Imber, Esq.
`08/14/2012
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No.
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`
`
`In the Matter of Trademark Application Serial No. 85/341808
`For the Mark ACS ADVANCED CEMS SOLUTIONS
`AN ENTEC SERVICES COMPANY (Stylized)
`Published in the Official Gazette on April 17, 2012
`
`C.E.M. Solutions, Inc.,
`
`
`
`Opposer,
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`
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`vs.
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`
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`Entec Services, Inc.,
`
`
`Applicant.
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`/
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`
`
`NOTICE OF OPPOSITION
`
`Opposer C.E.M. Solutions, Inc. (“Opposer”), a corporation organized under the laws of
`
`
`
`the State of Florida, whose address is 1183 E. Overdrive Circle, Hernando, Florida 34442,
`
`believes it will be damaged by registration of the mark ACS ADVANCED CEMS SOLUTIONS
`
`AN ENTEC SERVICES COMPANY (Stylized) (“Applicant’s mark”), shown in U.S. Trademark
`
`Application Serial No. 85/341808 (the “Application”) for an “electronic device used in connection
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`with the testing of air quality in commercial settings,” and “environmental services, namely, air
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`pollution testing and consulting related thereto,” and hereby opposes the Application pursuant to
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`an Extension of Time granted on June 14, 2012.
`
`
`
`The grounds for the Opposition are as follows:
`
`1.
`
`Applicant Entec Services, Inc. (“Applicant”) seeks to register the mark ACS
`
`ADVANCED CEMS SOLUTIONS AN ENTEC SERVICES COMPANY (Stylized) as a
`
`trademark for use in connection with the above-referenced goods and services in International
`
`Classes 9 and 42, as evidenced by the publication of the mark in the Official Gazette on April
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`17, 2012.
`
`
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`1
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`

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`2.
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`Applicant filed its Application on June 9, 2011 under Section 1(a) based on its
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`alleged use of Applicant’s mark in commerce within the United States.
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`3.
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`Upon information and belief, Applicant’s mark was not in use in United States
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`commerce as of the date Applicant’s application was filed, making the application void ab initio
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`under 15 U.S.C. § 1051.
`
`4.
`
`Opposer has used its mark C.E.M. SOLUTIONS in interstate commerce in the
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`United States on or in connection with air pollution monitoring goods and services within
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`International Classes 9 and 42 for the last fifteen years.
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`5.
`
`Opposer has extensively promoted and continuously used the mark C.E.M.
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`SOLUTIONS throughout the United States and has made significant sales of products and
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`services under the mark; as a result, the mark has developed favorable acceptance and
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`recognition for Opposer in the relevant industry.
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`6.
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`7.
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`The mark C.E.M. SOLUTIONS is distinctive and is a valuable asset of Opposer.
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`Opposer used the mark C.E.M. SOLUTIONS in commerce prior to the filing of
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`the Application, and, upon information and belief, before Applicant’s first use of Applicant’s Mark
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`in commerce in the United States in connection with air emission monitoring goods and
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`services.
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`8.
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`Applicant’s mark is confusingly and deceptively similar to the mark C.E.M.
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`SOLUTIONS. Applicant’s mark incorporates Opposer’s mark in its entirety. Applicant’s mark is
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`very similar in sight, sound, connotation, and commercial impression to Opposer’s mark.
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`9.
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`Applicant’s specified goods and services are very similar and closely related to
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`the air emissions monitoring goods and services offered by Opposer under Opposer’s mark
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`C.E.M. SOLUTIONS.
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`10.
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`Upon information and belief, Applicant’s channels of trade and class of
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`purchasers are likely to be identical or very similar to those of Opposer.
`
`
`
`2
`
`

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`11.
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`Due to the similarities between the respective marks and goods and services,
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`and the likely similarity of the respective channels of trade and classes of purchasers, the
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`registration of Applicant’s mark will cause great damage and injury to Opposer. Persons
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`familiar with the mark C.E.M. SOLUTIONS and the goods and services offered under Opposer’s
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`mark would likely confuse Applicant’s goods and services with those provided by Opposer. Any
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`defect, objection or fault found with Applicant’s goods and services under Applicant’s mark may
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`reflect upon and expose Opposer to liability and seriously injure the reputation and valuable
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`goodwill that Opposer has established and accumulated for its products.
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`12.
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`If Applicant is granted the registration herein opposed, it would obtain at least a
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`prima facie exclusive right to use the mark ACS ADVANCED CEMS SOLUTIONS AN ENTEC
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`SERVICES COMPANY (Stylized) in the United States, thereby causing damage and injury to
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`Opposer.
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`WHEREFORE, Opposer prays that Trademark Application Serial No. 85/341808 be
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`rejected, that this Opposition be sustained, that the registration sought for the goods and
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`services specified in International Classes 9 and 42 refused, and that Opposer be granted such
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`additional relief as the Board deems just and proper.
`
`
`Respectfully submitted,
`
`
`
`
`/Allison R. Imber/
`
`Ava K. Doppelt, Esq.
`Allison R. Imber, Esq.
`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: dsigalow@addmg.com
`
` aimber@addmg.com
`
` Attorneys for Opposer
`C.E.M. Solutions, Inc.
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`Dated: August 14, 2012
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`3
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`

`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy of the foregoing was served by First
`
`Class U. S. Mail and E-mail on August 14, 2012 to:
`
`Laura M. Jackson, Esq.
`Wallace, Jordan, Ratliff & Brandt, LLC
`800 Shades Creek Parkway, Ste. 400
`Birmingham, AL 35209
`
`
` /Michel Rodriguez/
`
`
`
`
`
`4

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