Trademark Trial and Appeal Board Electronic Filing System. httgj/estta.usQto.gov
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`91208335
`
`Defendant
`Fruzen Ice LLC
`
`LEONID MIKITYANSKIY
`LAW OFFICES OF LEO MIKITYANSKIY, P.C.
`1517 VOORHIES AVE
`BROOKLYN, NY 1 1235-3919
`
`Leo@LMattorney.com ;Leo@LMattorney.com
`Answer
`
`
`
`Leonid Mikityanskiy
`
`Leo@LMattorney.com
`
`/Leonid Mikityanskiyl
`01/15/2013
`
`01.15.2013 Answer.pdf ( 58 pages )(6246733 bytes)
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA516176
`ESTTA Tracking number:
`01/15/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91208335
`Defendant
`Fruzen Ice LLC
`LEONID MIKITYANSKIY
`LAW OFFICES OF LEO MIKITYANSKIY, P.C.
`1517 VOORHIES AVE
`BROOKLYN, NY 11235-3919
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Leo@LMattorney.com;Leo@LMattorney.com
`Answer
`Leonid Mikityanskiy
`Leo@LMattorney.com
`/Leonid Mikityanskiy/
`01/15/2013
`01.15.2013 Answer.pdf ( 58 pages )(6246733 bytes )
`
`

`
`
`
`
`
`YOGEN FRUZ, U.S.A., INC.,
`
` vs.
`
`FRUZEN ICE LLC,
`
` Opposer,
`
` Applicant
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Opposition No. 91208335
`
`Mark: FRÜZEN ICE
`
`Application Serial No: 85/977,663
`Filing Date: May 15, 2012
`
`Publication Date: November 6, 2012
`
`
`
`APPLICANT’S ANSWER TO THE NOTICE OF OPPOSITION
`
`
`
`The following is the Answer of Applicant Fruzen Ice LLC (“Applicant”), owner of
`
`Federal Trademark Application Serial No. 85/977,663 for the mark FRÜZEN ICE (“Applicant’s
`
`mark”), by and through its attorneys, the Law Offices of Leo Mikityanskiy, P.C., to the Notice of
`
`Opposition filed on December 6, 2012 by Yogen Fruz, U.S.A., Inc. (“Opposer”) and assigned
`
`Opposition No. 91208335.
`
`
`
`Applicant hereby responds, solely for the purpose of this proceeding, to each of the
`
`grounds set forth in the Notice of Opposition, as follows (paragraph numbers correspond to the
`
`paragraph numbers used in the Notice of Opposition):
`
`1.
`
`2.
`
`Applicant admits the allegations of paragraph 1.
`
`Applicant lacks sufficient knowledge or information to admit or deny the
`
`allegations contained in paragraph 2 of the Notice of Opposition and denies them on that basis.
`
`3.
`
`Applicant lacks sufficient knowledge or information to admit or deny the
`
`allegations contained in paragraph 3 of the Notice of Opposition and denies them on that basis.
`
`1
`
`

`
`
`
`4.
`
`Applicant denies that Opposer has created any family of marks. Applicant lacks
`
`sufficient knowledge or information to admit or deny the remaining allegations contained in
`
`paragraph 4 of the Notice of Opposition and denies them on that basis.
`
`5.
`
`Applicant lacks sufficient knowledge or information to admit or deny the
`
`allegations contained in paragraph 5 of the Notice of Opposition and denies them on that basis.
`
`6.
`
`Applicant denies that Opposer owns any family of marks. Applicant lacks
`
`sufficient knowledge or information to admit or deny the remaining allegations contained in
`
`paragraph 6 of the Notice of Opposition and denies them on that basis.
`
`7.
`
`Applicant denies that Opposer owns any family of marks. Applicant admits that
`
`Opposer purports to be the owner of the trademark registrations listed in paragraph 7, to the
`
`extent these allegations are substantiated by the United States Patent and Trademark Office
`
`records. Applicant lacks sufficient knowledge or information to admit or deny the remaining
`
`allegations contained in paragraph 7 of the Notice of Opposition and denies them on that basis.
`
`8.
`
`9.
`
`Applicant denies the allegations of paragraph 8.
`
`Applicant denies that Opposer owns any family of marks. Applicant admits that
`
`Opposer purports to be the owner of the trademark applications listed in paragraph 9, to the
`
`extent these allegations are substantiated by the United States Patent and Trademark Office
`
`records. Applicant lacks sufficient knowledge or information to admit or deny the remaining
`
`allegations contained in paragraph 9 of the Notice of Opposition and denies them on that basis.
`
`10.
`
`Applicant denies that Opposer owns any family of marks. Applicant denies the
`
`allegations of Opposer’s prior use of the FOREVER Ü, JUST BE Ü, and YOGEN FRÜZ PLUS
`
`marks versus Applicant. Applicant lacks sufficient knowledge or information to admit or deny
`
`2
`
`

`
`
`
`the remaining allegations contained in paragraph 10 of the Notice of Opposition and denies them
`
`on that basis.
`
`11.
`
`Applicant denies that Applicant’s mark is confusingly similar to any of Opposer’s
`
`marks in terms of appearance, sound and commercial impressions. Applicant denies that
`
`Opposer owns any family of marks. Applicant admits that Applicant’s mark incorporates the
`
`letters F, R, U with an umlaut, and Z. Applicant denies that it is using a color scheme that
`
`mirrors the color scheme used by the Opposer in connection with its marks and adds that
`
`Applicant uses a much lighter blue color than Opposer, and the letter U in blue color, rather than
`
`Opposer’s pink (see Opposer’s Exhibits A and B). Applicant denies that it displays the umlaut in
`
`the color pink and adds that Applicant displays an umlaut in color red over the letter U (see
`
`Opposer’s Exhibit A and Applicant’s Exhibit D). Applicant denies that Applicant’s color
`
`scheme is very similar to the color scheme utilized by Opposer and adds that Opposer has used
`
`different color schemes with its marks (see Exhibit D where Opposer’s FRÜZ TEA mark uses a
`
`green color scheme). Applicant lacks sufficient knowledge or information to admit or deny the
`
`remaining allegations contained in paragraph 11 of the Notice of Opposition and denies them on
`
`that basis.
`
`12.
`
`13.
`
`Applicant denies the allegations of paragraph 12.
`
`Applicant denies that Applicant’s use of Applicant’s mark is likely to cause
`
`consumers to be confused, deceived or mislead into the mistaken belief that Applicant’s goods
`
`emanate from, are affiliated with, or are otherwise related to Opposer. Applicant lacks sufficient
`
`knowledge or information to admit or deny the remaining allegations contained in paragraph 13
`
`of the Notice of Opposition and denies them on that basis.
`
`14.
`
`Applicant admits the allegations of paragraph 14.
`
`3
`
`

`
`
`
`15.
`
`16.
`
`Applicant denies the allegations of paragraph 15.
`
`Applicant denies the allegations of paragraph 16. As shown by copies of the
`
`registrations attached hereto as Exhibit A, there are many registered marks incorporating the
`
`terms FRU, FRUZ, and U, with an umlaut over the letter U and without, registered for use in
`
`connections with yogurt, confections, and restaurant services, all of which are subsiding marks or
`
`existed contemporaneously with Opposer’s marks. If these registrations can co-exist with
`
`Opposer’s registrations, then Applicant’s mark can co-exist with them as well.
`
`APPLICANT’S USE OF ITS MARK WILL NOT CAUSE CONFUSION
`
`In addition, Applicant sets forth the following in support of its defense:
`
`Applicant adopted its mark in good faith.
`
`On information and belief, users of Applicant’s goods are sophisticated
`
`17.
`
`18.
`
`purchasers.
`
`19.
`
`Upon information and belief, users of Opposer’s goods are sophisticated
`
`purchasers.
`
`20.
`
`21.
`
`22.
`
`23.
`
`24.
`
`sound).
`
`25.
`
`26.
`
`The Applicant’s mark is unique and distinctive.
`
`Applicant’s mark and Opposer’s marks are different in meaning.
`
`Applicant’s mark and Opposer’s marks are different in appearance.
`
`Applicant’s mark and Opposer’s marks are different in spelling.
`
`Applicant’s mark and Opposer’s marks are different in pronunciation (phonetic
`
`Applicant’s mark and Opposer’s marks are different in commercial impression.
`
`Applicant’s goods are not related to Opposer’s goods.
`
`4
`
`

`
`
`
`27.
`
`On information and belief, Applicant’s and Opposer’s goods are distributed
`
`through different trade channels.
`
`28.
`
`29.
`
`Opposer’s marks are functional.
`
`Opposer’s marks incorporating the text FRÜZ are merely descriptive of Opposers
`
`goods (i.e., fruit teas, fruit yogurts). The Examining Attorney in the application for the FRÜZ
`
`TEA mark indicated that the meaning of the word “FRÜZ” is FRUITS, describing the fruit tea
`
`that was subject of that application. Indeed, Opposer markets its other products as fruit and
`
`“fruit combinations” as well. See Exhibit B.
`
`30.
`
`Opposer’s LÜV LIFE marks are merely descriptive because they mean “love
`
`life”.
`
`31.
`
`Opposer’s marks incorporating the letter U are merely descriptive because U is
`
`used as “you” by Opposer (“IT IS ALL ABOUT YOU”, “FOREVER YOU”, “JUST BE YOU”).
`
`32.
`
`Opposer has used its marks incorporating U with an umlaut in a generic manner
`
`and not performing an essential use as a trademark. See Exhibit C.
`
`33.
`
`Applicant’s mark is not likely to cause confusion, mistake, or deception to
`
`purchasers as to the source of Opposer’s goods and services.
`
`34.
`
`35.
`
`Applicant’s mark does not falsely suggest a connection with Opposer’s marks.
`
`Opposer does not use the same color scheme for all its marks. Opposer uses at
`
`least three different color schemes: medium blue, dark blue, and green color schemes in
`
`association with its marks, versus Applicant’s light blue. See Exhibit D.
`
`36.
`
`On information and belief, Opposer never intended for its Ü & Design, YOGEN
`
`FRÜZ (in color), LÜV LIFE, IT’S ALL ABOUT Ü (despite Opposer’s assertion, the registration
`
`is not for a stylized mark), and LÜV LIFE. (Stylized) marks to include frozen confections
`
`5
`
`

`
`
`
`because these descriptions were not included in the applications as filed. The goods descriptions
`
`for frozen confections were added by Examiner’s Amendment in the applications for these
`
`marks, for reasons yet unknown to Applicant.
`
`37.
`
`Opposer did not intend for its LÜV LIFE, IT’S ALL ABOUT Ü (despite
`
`Opposer’s assertion, the registration is not for a stylized mark), and LÜV LIFE. (Stylized) marks
`
`to represent goods outside what is classified in the trademark registrations. In prosecuting its
`
`applications for these marks, Opposer affirmatively deleted Class 30 from the description of
`
`goods and services on April 14, 2009, May 27, 2009, and April 15, 2009 respectively.
`
`38.
`
`Opposer does not use some of its marks in commerce as registered. To wit, the
`
`specimen filed for the mark LÜV LIFE. (Stylized) did not show the stylized mark as applied for
`
`and registered (with an uppercase letter “L” in LÜV and a period after LIFE, which are clearly
`
`missing from the specimen filed by Opposer in support of the registration). See Exhibit E.
`
`Although it is somewhat difficult to make out the color in the specimen, upon information and
`
`belief, it is not the color pink claimed as a feature of the Opposer’s LÜV LIFE. (Stylized) mark,
`
`but a much darker color. Furthermore, Opposer’s specimen and registration for the letter U with
`
`an umlaut is in uneven pink, not solid pink color used by Opposer. See Exhibit F. Therefore, the
`
`registrations for these marks, Registration Nos. 3731865 and 3544532 are invalid because the
`
`marks are not used in commerce and/or the registrations were fraudulently obtained.
`
`39.
`
`Opposer’s application for FOREVER Ü mark should not be considered in this
`
`Opposition because Opposer’s application received the second Section 2(d) refusal on January 9,
`
`2013 because of likelihood of confusion with the marks in U.S. Registration Nos. 4121163,
`
`4189285, and 4189284, which are all owned by the same registrant. Registrant’s marks are
`
`FOREVER YOGURT (standard characters), FOREVER YOGURT and design (special form),
`
`6
`
`

`
`
`
`and FOREVER YOGURT and design (special form) for “Restaurant services and mobile
`
`restaurant services featuring self-serve frozen yogurt and frozen yogurt desserts” in International
`
`Class 43.
`
`40.
`
`Opposer’s applications for JUST BE Ü and YOGEN FRÜZ PLUS marks should,
`
`likewise, not be considered in this Opposition because these applications are intent-to-use
`
`applications and no use in commerce has taken place. These applications were granted a fifth
`
`and a fourth extension of time to file a Statement of Use on November 27, 2012 and December 5,
`
`2012 respectively, from publication dates of January 19, 2010 and November 2, 2010
`
`respectively. Thus, the use by Applicant precedes any use by Opposer.
`
`41.
`
`Opposer’s claims are barred by fraud and/or by the doctrine of unclean hands. To
`
`wit, Opposer’s YOGEN FRUZ Registration No. 1535610 is without an umlaut over the letter U.
`
`See Exhibit G (the registration certificate). However, Opposer submitted a new specimen with
`
`an umlaut and a request under Section 7 to amend the Opposer’s mark on December 12, 2012,
`
`almost immediately after filing the present Opposition on December 6, 2012. Opposer was
`
`attempting to improperly tailor its mark to be closer to the Applicant’s by adding the umlaut to
`
`an allegedly incontestable mark, while the mark was involved in the Opposition proceeding. The
`
`United States Patent and Trademark Office denied the Section 7 amendment request because the
`
`mark is in an opposition proceeding. See Exhibit H. Upon information and belief, Opposer
`
`knew it was not entitled to the amendment, but did proceed with the request anyway.
`
`42.
`
`Opposer has failed to adequately maintain, police, or enforce any rights it may
`
`have in Opposer’s marks. To wit, Opposer abandoned and later revived, alleging the
`
`abandonment was inadvertent, at least two of its marks: FRÜZ TEA and JUST BE Ü.
`
`7
`
`

`
`
`
`43.
`
`Because the goods and services are different and not related, because the goods
`
`and services of Opposer will not be confused, because the marks are different in appearance,
`
`pronunciation, spelling, and meaning, there is no confusion between Applicant’s and Opposer’s
`
`marks and goods.
`
`Applicant hereby appoints Leonid Mikityanskiy, a member of the bar of the State of New
`
`York, of the
`
`Law Offices of Leo Mikityanskiy
`1517 Voorhies Avenue
`Brooklyn, NY 1235
`Telephone: 718-256-3210
`Facsimile: 718-256-3011
`Email: Leo@LMattorney.com
`
`
`
`
`
`
`
`
`
`to act as attorney in the matter of the referenced Opposition, to prosecute the Opposition, to
`
`transact all business in the Patent and Trademark Office, and in the United States courts
`
`connected with the opposition, to sign its name to all papers which are hereinafter to be field in
`
`connection with the referenced Oppositions, and to receive all communications concerning the
`
`Opposition.
`
`
`
`WHEREFORE, Applicant prays that the Trademark Trial and Appeal Board deny the
`
`Opposition and permit registration of Applicant’s proposed mark in Application Serial No.
`
`85/977,663 in the United States Patent and Trademark Office.
`
`
`Dated: Brooklyn, New York
`
`
`January 15, 2013
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`/Leonid Mikityanskiy/
`_____________________________
`Leonid Mikityanskiy, Esq.
`1517 Voorhies Avenue
`Brooklyn, NY 11235
`Phone: (718) 256-3210
`Fax: (718) 256-3011
`Email: Leo@LMattorney.com
`
`8
`
`
`
`

`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 15th day of January, 2013, a true copy of the foregoing
`
`Applicant’s Answer to the Notice of Opposition was served on the attorneys for Opposer listed
`
`below by mailing it on this date, by prepaid postage First Class Mail.
`
`
`/Leonid Mikityanskiy/
`________________________________
`Leonid Mikityanskiy, Esq.
`
`
`
`
`Priscilla L. Dunckel, Esq.
`Elizabeth K. Stanley, Esq.
`BAKER BOTTS L.L.P.
`2001 Ross Avenue, Suite 600
`Dallas, Texas 75201-2980
`
`
`
`
`
`
`
`9
`
`

`
`
`
`Exhibit A
`
`
`
`
`
`
`
`
`
`

`
`Int. Cl.: 29
`
`Prior U.S. Cl.: 46
`
`United States Patent and Trademark Office
`
`Reg. No. 2,765,187
`Registered Sep. 16,2003
`
`TRADEMARK _
`PRINCIPAL REGISTER
`
`FRU GURT
`
`NEW CHOICE FOOD, INC. (CALIFORNIA COR-
`PORATION)
`5218 RIVERGRADE ROAD
`
`IRWINDALE CA 91760
`FOR: YOGURT CONSISTING OF FRUIT AND
`LESS THAN 1% FERMENTED MILK, IN CLASS 29
`(U.S. CL. 46).
`
`FIRST USE 6-1-2002; IN COMMERCE 6-1-2002.
`
`SN 76-323,728, FILED 10-24-2001.
`
`MARK T. MULLEN, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 30
`
`Prior U.S. Cl.: 46
`
`United States Patent and Trademark Office
`
`Reg. No. 3,399,767
`Registered Mar. 18, 2008
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`FRU-TEA
`
`INTERNATIONAL COFFEE & TEA, LLC (DELA-
`WARE LTD LIAB C0), DBA THE COFFEE
`BEAN AND TEA LEAF:
`1945 SOUTH LA CIENEGA BOULEVARD
`LOS ANGELES, CA 90034
`
`FOR: LOOSE TEA, TEA BAGS, HOT TEA, ICED
`TEA, AND TEA-BASED BEVERAGES, IN CLASS 30
`(U.S. CL. 46).
`
`THE MARK CONSISTS OE STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT. STYLE SIZE OR COLOR.
`'
`’
`’
`
`SN 78-788,809, FILED 1-10-2006.
`
`FIRST USE 3-1-2006; IN COMMERCE 3-1-2006.
`
`BARBARA RUTLAND, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 30
`
`Prior U.S. Cl.: 46
`
`Reg. No. 1,286,212
`United States Patent and Trademark Office Registered Jul. 17, 1934
`
`
`
`TRADEMARK
`
`Principal Register
`
`FRU FRU
`
`(New Jersey
`
`For: CANDIES, in CLASS 30 (U.S. Cl. 46).
`First use Oct. 1980; in commerce Oct. 1980.
`
`Inc.
`
`International,
`
`Murray-Allen
`corporation)
`801 Washington Ave.
`Carlstadt, N.J. 07072, assignee of
`Murray-Allen
`International,
`corporation)
`New York, N.Y.
`
`Inc.
`
`(New York
`
`Ser. No. 356,738, filed Mar. 26, 1982.
`—
`ROGER KATZ, Examining Attorney
`
`

`
`FRU
`
`Reg_ No, 3,918,150
`_
`Reglstered Feb. 8, 20 11
`
`NOBLE DESSERTS HO DINGS LIMITED (UNIIED KINGDOM LIMITED COMPANY)
`BRIDGEWAY HOUSE — ICKNIEED WAY
`TRING, HE QTFIRDSHIRE, UNI JD KINGDOM HP23 4JX
`
`lnt. CL:
`
`FOR: DESSERTS, NAMELY, FRUIT DESSERTS IN THE NATURE OF COMPOTES; FROZEN
`FRUIT-BASED DESSERTS, IN THE NATURE OF COMPOTES, IN CLASS 29 (US. CL. 46).
`
`TRADEMARK
`
`FIRST USE 6-30-2005; N COMMERCE 12-31-2007.
`
`PRINCIPAL REGISTER
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`THE WORDING "FRU“ HAS NO MEANING INA FOREIGN LANGUAGE.
`
`SN 77-981 ,077, FILED 10- I 0-2007.
`
`APRIL ROACH, EXAIVHNING ATTORNEY
`
`Director ofme United Slates ]’ulem and I':'adeInLu'1< Office
`
`

`
`Yogurt by U
`
`Reg, No, 4,199,106
`
`MONTEPALMA USA, LLC (FLORIDA LIMITED LIABILITY COMPANY)
`SUITE 1010
`
`Registered Aug. 28, 2012 2665 SOUTH RAYSHORF, DRIVE
`COCONUT GROVE, FL 33133
`
`Int. Cl.: 43
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`FOR: FROZEN YOGIJRT SHOP SERVICES IN THE NATURE OF A RES I‘AURA1\"I', IN CLASS
`43 (U5. C/LS. IOOAND 101).
`
`FIRST USE 11-1-2011; IN COMMERCE 11-1-2011.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "YOGURT", APART FROM THE
`MARK AS SHOWN.
`
`SN 85—146,15I, FILED 10-6-2010.
`
`TINA BROWN, EXAMINING ATTORNEY
`
`Director uflhe Unized States Patent and I‘1'ademu1'l< Ofiice
`
`

`
`U-Top It Frozen Yogurt
`
`Reg. No. 3,794,257
`
`Registered May 25, 2010
`
`U—TOP IT FROZEN YOGURT (NEVADA LIMITED LLABILITY COMPANY)
`10288 BAYHEAD BEACH AVE.
`LAS VEGAS, NV 89135
`
`Int. CL: 30
`
`FOR: FROZEN YOGURT, IN CLASS 30 (US. CL. 46).
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`FIRST USE 9-9-2009; IN COMMERCE 9-9-2009.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHI IO US
`FROM THE MARK AS S IOWN.
`
`4N YOGURT“, APART
`
`SN 77-644,427, FILED 1-6-2009.
`
`REGINA DRUMMOND, EXAMINING ATTORNEY
`
`Director ofme United Slates Pulem and I':'ademLu'1< Office
`
`

`
`Reg. No. 3,872,668
`
`Registered Nov. 9, 2010
`
`Int. Cls.: 5, 30 and 32
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`UBER DRINKS LIMITED (UNITED KINGDOM LII\/JITED LIABILITY COMPANY)
`LONDON WALL BUIDDINGS
`CITY BUSII\.:SS CEI\ TRE 2
`LONDON; UNITED KINGDOM EC2M5UU
`
`FOR: DIETARY SUPPLEMENTAL DRINKS; CAFF * INE PR * PARATIONS FOR STIMULATIV
`USE; VITAIVI N INFUSED DRINKS, IN CLASS 5 (US CLS. 6, 18, 44, 46, 51 AND 52).
`
`FIRST USE 3-23-2009; IN COIVIMERC: 3-23-2 09.
`
`FOR: CHOCOLATE—BASED B 4 V * RAGES; COF F * E—BAS 4 D BEVERAGES; COCOA—BAS3D
`BEVERAGES; TEA-BASED BEVERAGES; HERBAL BEVERAGES OTHER THAN FOR
`MEDICINAL USE, IN CLASS 30 (U.S. CL. 46).
`
`FIRST USE 3-23-2009; IN COMIVIERCE 3-23-2 09.
`
`FOR: MINERAL AND AERATED WATE IS AND OTHER NON—ALCOHOLIC DRII\ (S,
`NAMELY, FRUIT DRINKS AND FRU
`,I IUICES; SYRUPS FOR MAKI\IG BEVERAGES;
`
`PREPARATIONS FOR MAKING BEVERAGES. NAMELY, FRUIT DRINKS; EN3RGY DRII\ (S;
`ENERGY DRINKS CONTAINING CAF'7EI\IE, IN CLASS 32 (U.S. CLS. 45, 46 AND 48).
`
`FIRST USE 3-23-2009; IN COMIVIERC3 3-23-2009.
`
`THE MARK CON SISTS OF STYLIZED GERMAN “ U" WITH TWO DIAMONDS ON THE TOP
`POINTS OF THE "U".
`
`S:
`
`ER. NO. 77—954,03I, FILED 3-9-2010.
`
`SBAN CROWLEY; EXAMINING ATTORN
`
`Director ofme United Slates Pulem and T:'ademLu'I< Office
`
`

`
`Reg, No_ 3,739,472 PRYOR, JEFFREY W. (UNITED STATES INDIVIDUAL)
`Registered Jan 19’ 2010 1819 PEACOCK BOULEVARD
`OCEA\ISID3, CA 92056
`
`Int. CL: 30 FOR: CANDY, IN CLASS 30 (Us. CL. 46).
`
`TRADEMARK
`
`FIRST USE 6-11-2009; IN COMIVIERCE 6-11-2009.
`
`PRINCIPAL REGISTER OWNER OF u.s. REG. NOS. 1,834,692, 2,104,324 AND OTHERS.
`
`TIIE MARK CONSISTS OF A STYLIZED DESIGN OF A SMILING FACE WITH A DESIGN
`OF A HEART FORMING ONE OF THE EYES AND THE I * T1 *R"U"1- ORMING TH * SMIL *.
`
`SER. NO. 77-758.614, FILED 6-12-2009.
`
`S IS/\ RICHARDS, EX/\MINlN(‘1/\'l" URNHY
`
`Director ofme United Slates Pulem and 1':'ademLu'1< Office
`
`

`
`UNION RESTAURANT, LLC (ILLINOIS LIMITED LIABILITY COMPANY), DBA UNION
`Reg, No, 4,080,19 1
`SUSHI & JAPAN?S'? BARBEQUE BAR
`_
`Registered Jan. 3, 2012 901 W. MADISON ST, #619
`CHICAGO, IL 60601
`
`Int. Cl.: 43
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`EOR; RESTAURANT, 3AR AND CATERING SERVICES, IN CLASS 43 (U.S. CLS. 100 AND
`101)
`
`F RST USE 5-10-2011; IN COMMERCE 5-10-2011.
`
`THE MARK CONSISTS OF A CIRCLE WITHA STYLIZED LETTER "U" IN THE CENT:
`
`SER. I\O. 85—332,658, FILED 5—27—201 .
`
`ANDREW RHIM, EXAMINING ATTORNEY
`
`DITBCIOI ofthe United States Patem and Trademark Office
`
`

`
`Int. Cl.: 43
`
`Prior U.S. Cls.: 100 and 101
`
`United States Patent and Trademark Office
`
`Reg. No. 2,996,715
`Registered Sep.20,2005
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`UNIDINE CORPORATION (MASSACHUSETTS
`CORPORATION)
`1380 SOLDIERS FIELD ROAD
`BOSTON, MA 02135
`
`Tl-IE MARK CONSISTS OF A STYLIZED "U"
`WITH SWIRLS ABOVE IT.
`
`FOR: CONTRACT FOOD SERVICES, IN CLAss 43
`(U.S. CLs. 100 AND 101).
`
`SER' NO‘ 76'596’649’ FILED 6'1°'2°°4‘
`
`FIRST USE 5_7_2004; IN COMMERCE 5_17_2004_
`
`MARGERY A. TIERNEY, EXAMINING ATTORNEY
`
`

`
`Int. C1s.: 29 and 30
`
`Prior U.S. Cl.: 46
`
`A
`
`United States Patent and Trademark Office
`
`Reg. No. 2,154,510
`Registered May 5, 1998
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`URASHIMANORI CO., LTD.
`RATION)
`3163-3, IKURAKITAKATA
`TAMANA-SHI, KUMAMOTO-KEN, JAPAN
`
`(JAPAN CORPO-
`
`FOODS,
`PROCESSED MARINE
`FOR:
`NAMELY, A VARIETY OF NORI/LAVER PRE-
`PARED BY DRYING, SHAVING, ROASTING,
`TOASTING AND/OR SEASONING, IN CLASS
`29 (U.S. CL. 46).
`
`FOR: A VARIETY OF GOURMET SEASON-
`INGS WITH NORI, SESAME SEED, DRIED
`EGGS,
`SHREDDED
`SHRIMP,
`AND/OR
`BONITO, IN CLASS 30 (U5. CL. 46).
`OWNER OF JAPAN REG. NO.
`DATED 2-28-1995, EXPIRES 2-28-2004.
`
`2625112,
`
`SER. NO. 75—096,695, FILED 4-30-1996.
`
`KAREN M. STRZYZ, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 30
`
`Prior U.S. Cl.: 46
`
`United States Patent and Trademark Office
`
`Reg. No. 2,912,216
`Registered Dec. 21, 2004
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`UNIQUE COFFEE, INC (NEW YORK CORPORA-
`TION)
`3075 RICHMOND TERRACE
`STATEN ISLAND, NY 10303
`
`FOR: ROASTED COFFEE BEANS; ROASTED
`GROUND COFFEE BEANS; AND WHOLE BEAN
`OR GROUND FLAVORED COFFEE, IN CLASS 30
`(U.S. CL. 46).
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE THE DEPICTION OF A COFFEE
`BEAN. APART FROM THE MARK AS SHOWN.
`
`SER. NO. 76-525,573, FILED 6-26-2003.
`
`FIRST USE 1-1-2001; IN COMMERCE 1-1-2001.
`
`BARBARA GAYNOR, EXAMINING ATTORNEY
`
`

`
`U:DON
`
`KURACIII LLC (WA SIHNGTON LIMITED LIABILITY COMPANY), DBA U:DON FRESH
`Reg, No, 4,159,380
`JAPANESE NOODLE STATION,
`_
`Reglstered June 12, 2012 2128 NW 97TH STREET
`SEATTLE, WA 98117
`
`Int. Cl.: 43
`
`SERVICE IWARK
`
`SUPPLEMENTAL REGISTER
`
`FOR: BAR AND RESTAURANT SERVICES; CARRY-OUT RESTAURANTS; RES'IAURANI;
`RESTAURANT SERVICES FEATURING JAPANESE CUISINE; RESTAURANT SERVICES,
`INCLUDING SIT-DOWN SERVICE OF FOOD AND TAKE-OUT RESTAURANT SERVICES,
`IN CLASS 43 (US. CLS. 100AND101).
`
`FIRST USE 12-19-2011; IN COMMERCE 12-19-2011.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE. SIZE, OR COLOR.
`
`SER. NO. 85-413,694, FILED RR. 9-2-2011; AM. S.R. 4-17-2012.
`
`ANDREA HACK, EXAMINING ATTORNEY
`
`Director Oflhe Unized States Patent and I‘1'ademu1'l< Ofiice
`
`

`
`Int. Cl.: 30
`
` Prior U.S. c1.: 46
`
`Reg. No. 1,470,836
`United States Patent and Trademark Office Registered Dec.29,1987
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`INC.
`TOFRUZEN,
`TION)
`300 EAST HAMPDEN
`
`(COLORADO CORPORA-
`‘
`
`FIRST USE
`1-15-1985.
`
`11-1-1984;
`
`IN COMMERCE
`
`ENGLEWOOD’ CO 80110
`
`SER. NO. 628,787, FILED 11-6-1986.
`
`FOR: SOY BASED NON-DAIRY FROZEN
`DESSERT, IN CLASS 30 (U.S. CL. 46).
`
`_
`ROGER KATZ, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 43
`
`Prior U.S. Cls.: 100 and 101
`
`United States Patent and Trademark Office
`
`Reg. No. 2,796,227
`Registered Dec. 16, 2003
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`JUICE U
`
`GET JUICED INC.
`TION)
`28 STANWYCK ROAD
`MOUNT LAUREL. NJ 08054
`
`(NEW JERSEY CORPORA-
`
`No CLAIM Is MADE TO THE EXCLUSIVE
`RIGHT TO USE "JUICE" , APART FROM THE
`MARK Ag SHQWN_
`
`FOR: RESTAURANT SERVICES, IN CLASS 43
`(U.S. CLS. 100 AND 101).
`
`SN 78-153,962, FILED 8-14-2002.
`
`FIRST USE 8-1-2003; IN COMMERCE 8-1-2003.
`
`HOWARD SMIGA, EXAMINING ATTORNEY
`
`

`
`Int. Cls.: 30, 35, and 43
`
`Prior U.S. Cls.: 46, 100, 101, and 102
`
`United States Patent and Trademark Office
`
`Reg. No. 3,294,570
`Registered Sep. 18, 2007
`
`TRADEMARK
`SERVICE MARK
`PRINCIPAL REGISTER
`
`JAVA CITY (CALIFORNIA CORPORATION)
`1300 DEL PASO ROAD
`SACRAMENTO, CA 958341106
`
`FOR: COFFEE, TEA, AND ESPRESSO BEVERA-
`GES, IN CLASS 30 (US. CL. 46).
`
`FIRST USE 6-1-2000; IN COMMERCE 6-1-2000.
`
`FOR: RETAIL STORE SERVICES FEATURING
`GROUND AND WHOLE BEAN COFFEE; TEA;
`COFFEE, TEA, AND ESPRESSO BEVERAGES; PAS-
`TRIES; BREADS; BAKERY GOODS; CANDY, IN
`CLASS 35 (US. CLS. 100. 101 AND 102).
`
`FIRST USE 6-1-2000; IN COMMERCE 6-1-2000.
`
`FOR: RESTAURANT SERVICES, NAMELY, CAFE
`SERVICES FEATURING GROUND AND WHOLE
`BEAN COFFEE; TEA; COFFEE, TEA AND ESPRES-
`SO BEVERAGES; PASTRIES; BREADS; BAKERY
`GOODS; CANDY, IN CLASS 43 (us. CLS. 100 AND
`101).
`
`FIRST USE 6-1-2000; IN COMMERCE 6-1-2000.
`
`SN 78-248,577, FILED 5-12-2003.
`
`IRA J. GOODSAID, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 30
`
`Prior U.S. Cl.: 46
`
`Reg. No. 1,440,761
`United States Patent and Trademark Office Registered May 2a,19s7
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`PISSA PRODUCTOS INDUSTRIALIZADOS DE
`SALTILLO, S.A. DE c.v. (MEXICO CORPO-
`RATION)
`_
`COLIMA 415
`SALTILLO, COAHUILA, MEXICO
`
`FIRST USE 12-28-1984;
`2-6-1986.
`
`IN COMMERCE
`
`SER. NO. 594,097, FILED 4-18-1986.
`
`FOR: CANDY, IN CLASS 30 (U.S. CL. 46).
`
`JUDITH BECKER, EXAMINING ATTORNEY
`
`

`
`flntteh étatez ifiatent ant: fltrahemark Qfiffine
`
`FRU-TI-FRU
`
`ARCOR S.A.I.C. (ARGENTINA CORPORATION)
`Reg, No, 3,902,425
`MAIPU 1210 PISOSZY3
`_
`Registered Jan. I], 2011 BUENOSAIRES,ARG3NTINA1006
`
`Int. Cl.: 30
`
`FOR: CANDY, IN CLASS 30 (US. CL. 46).
`
`TRADEMARK
`
`TICILAR FONT, STYLE, SIZE, OR COLOR.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WTTFIOIIT CI,AII\/I TO ANY PAR-
`
`PRINCIPAL REGISTER
`
`()WN.:'R OEAROENIINA REG. NO. 2,249,324, L)A'1'E1> 9-15-2008, EXPIRES 9-15-2018.
`
`SIR. I\O. 77-083,722, FILED 1-16-2007.
`
`ANDREA BUTLER, EXAMINING ATTORN
`
`Director Ofme United Slates I’ulem and I':'ade1nLu'1< Office
`
`

`
`Int. Cls.: 29, 30 and 32
`
`Prior U.S. Cls.: 45, 46 and 48
`
`United States Patent and Trademark Office
`
`Reg. No. 2,358,935
`Registered June 20, 2000
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`FRU-TERRA
`
`FRU-TERRA INC. (CANADA CORPORATION)
`4200 TI-IIMENS BLVD.
`ST-LAURENT, QUEBEC H4R 2B9, CANADA
`
`FOR: FRUIT PRESERVES, PEANUT BUTTER,
`DRIED AND CANNED FRUITS, IN CLASS 29 (U.S.
`CL. 46).
`FOR: HONEY, CHOCOLATE SYRUPS, MAPLE
`SYRUPS, FRUIT SYRUPS, COFFEE SYRUPS AND
`TOPPING SYRUPS, IN CLASS 30 (U.S. CL. 46).
`FOR: FRUIT DRINKS AND FRUIT FLAVORED
`SOFT DRINKS, FRUIT IUICE CONCENTRATES AND
`
`CONCENTRATES USED IN THE PREPARATION OF
`SOFT DRINKS, SYRUPS FOR MAKING FRUIT
`DRINKS AND SOFT DRINKS; AND SPRING WATER,
`IN CLASS 32 (U.S. CLS. 45, 46 AND 48).
`PRIORITY CLAIMED UNDER SEC. 44(D) ON
`CANADA APPLICATION NO.
`747587,
`FILED
`2-16-1994, REG. NO. 0516476, DATED 9-17-1999,
`EXPIRES 9-I7-2014.
`
`SER. NO. 74-522,214, FILED 5-6-1994.
`
`CYNTHIA CROCKETT, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 29
`
`Prior U.S. Cl.: 46
`
`United States Patent and Trademark Office
`
`Reg. No. 3,363,698
`Registered Jan. 1, 2003
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`FRU-DO-KU
`
`KELLOGG NORTH AMERICA COMPANY (DE-
`LAWARE CORPORATION)
`ONE KELLOGG SQUARE, Po Box 3599
`BATTLE CREEK, MI 49079
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`pom. srma, sxza, OR COLOR.
`'
`
`FOR: FRUIT-BASED SNACK FOOD; FRUIT
`JUICE-BASED SNACK FOOD; FRUIT LEATHERS,
`IN CLASS 29 (US CL. 46).
`
`SN 78-897,077, FILED 5-31-2006.
`
`FIRST USE 6-21-2006; IN COMMERCE 6-21-2006.
`
`JAMES A- RAUEN» EXAMINING ATTORNEY
`
`

`
`FRUPLAIT
`
`YOPLAIT MARQUES (FRANCE SOCIETE EN NOM COLLECTIF (SNC))
`Reg, No, 4,219,388
`170 BIS, BOULEVARD DU MONTPARNASSE
`_
`Registered Oct. 2, 2012 PARIS, ERANCE 75014
`
`Int. CL:
`
`FOR: DAIRY PRODUCTS EXCLUDING ICE CREAM, ICE MILK AND FROZEN YOGURT,
`IN CLASS 29 (U.S. CL. 46).
`
`TRADEIVIARK
`
`FIRST USE 1-2-2012; IN COMMERCE 1-2-2012.
`
`PRINCIPAL REGISTER
`
`THF, MARK CONSISTS OF STANDARD CIIARACTERS WITHOUT CIAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`OWNER OF U.S. REG. NOS. 3,205,177, 3,981,642, AND OTHERS.
`
`SN 85-463,574, FILED 11-3-2011.
`
`ALEX KEA M, EXAMINING ATTORNEY
`
`Director uflhe Unized States Patent and II'ademR1'l< ()fi'IL'e
`
`

`
`Republished, under the Act of 19h6, Jan. 11, 1919, by King
`Candy Co.,Fort Worth, Tex.
`
`UNITED STATES PATENT OFFICE.
`
`KING CANDY 00., OF FORT WORTH, TEXAS.
`
`TRADEJVEARK FOR CANDY.
`
`ACT OF FEBRUARY 20, 1905.
`
`146, 788.
`
`Registered Sept. 20, 1921.
`Application filed October 7, 1920. Serial No. 138,053.
`
`STATEMENT.
`
`V
`To all wkom it may a0m=e7%:
`Be it known that KING CANDY Co., a cor-
`poration duly organized underthe laws of
`the State of Texas, located in the city of
`Fort VVorth, county of Tarrant,
`in said
`State, and doing business at East 9th street,
`in said city, has heretofore. adopted and used
`the trademark shown in the accompanying
`drawing, for candy, in Class 46, Foods and
`ingredients of foods.
`The trademark has been continuously used
`
`in its business and in the business of its
`predecessors since 1910.
`The trade-mark is applied or aflixed to
`the goods by means of labels bearing this
`trade-mark or by printing or impressing the
`same directly on the goods and in divers
`other ways.
`
`KING CANDY CO.
`OLIN DAVIS,
`Sec. dz‘ Twas.
`
`FR”-N77’
`
`DECLARATION.
`
`State of Texas, county of Tarrant, ss.
`OLIN Dams, being duly sworn, deposes
`and says he is secretary and treasurer of
`KING CANDY Co., the applicant named in
`the foregoing statement;
`that he believes
`that the foregoing statement is true; that
`he believes said corporation to be the owner
`of the trademark sought to be registered;
`that no other person, firm, corporation or
`association, to the best of his knowledge or
`belief, has a right to use said trade-mark,
`either in the identical form, or in any such
`near resemblance thereto as might be calcu-
`
`lated to deceive; that the said trademark is
`used by the applicant in commerce among
`the several States of the United States; that
`the drawing presented truly represents the
`trade-mark sought to be registered and that
`the specimens show the t1'ade—mark as ac-
`tually used upon the goods.
`OLIN DAVIS.
`
`Subscribed and sworn to before me, a no-
`tary public, this 28th day of Sept. 1920.
`[I..s.]
`IDA L. FARLIE,
`Notary Public.
`
`to King Candy Company, Fort
`l9hl
`Renewed September 20,
`Worth, Tex}, a corporation of Texas.
`
`

`
`Int. Cl. : 29
`
`Prior U.S. Cl.: 46
`Reg. No. 1,018,893
`_
`OffiCe Registered Aug. 26, 1975
`
`
`
`TRADEMARK
`
`Principal Register
`
`Parmala S.p.A. (Italian company)
`Via O. Grassi 26
`Collecchio, Parma, Italy
`
`For: FRUIT-FLAVORED MILK D R I N K S,
`CLASS 29 (U.S. CL. 46).
`Owner of Italian Reg. No. 275,124, dated Sept. 10,
`1973.
`
`in
`
`Ser. No. 16,486, filed Mar. 20, 1974.
`
`

`
`Int. Cl.: 29
`
`Prior U.S. Cl.: 46
`
`United States Patent and Trademark Office
`
`Reg. No. 3,363,698
`Registered Jan. 1, 2003
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`FRU-DO-KU
`
`KELLOGG NORTH AMERICA COMPANY (DE-
`LAWARE CORPORATION)
`ONE KELLOGG SQUARE, Po Box 3599
`BATTLE CREEK, MI 49079
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`pom. srma, sxza, OR COLOR.
`'
`
`FOR: FRUIT-BASED SNACK FOOD; FRUIT
`JUICE-BASED SNACK FOOD; FRUIT LEATHERS,
`IN CLASS 29 (US CL. 46).
`
`SN 78-897,077, FILED 5-31-2006.
`
`FIRST USE 6-21-2006; IN COMMERCE 6-21-2006.
`
`JAMES A- RAUEN» EXA