Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA583977
`ESTTA Tracking number:
`01/27/2014
`
`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
`
`The Quaker Oats Company
`01/26/2014
`
`555 West Monroe Street
`Chicago, IL 60661
`UNITED STATES
`
`Correspondence
`information
`
`Jeanette S. Zimmer
`Attorney for Opposer
`Frito-Lay North America, Inc.
`7701 Legacy Drive, Mail Stop 3A-421
`Plano, TX 75024
`UNITED STATES
`trademarks@pepsico.com, jeanette.zimmer@pepsico.com,
`donna.j.sanders@pepsico.com Phone:972.334.2587
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85858767
`01/27/2014
`
`Publication date
`Opposition
`Period Ends
`
`07/30/2013
`01/26/2014
`
`Ebars, LLC
`469 Wiregrass Lane
`Franklin, TN 37064
`TUNISIA
`Goods/Services Affected by Opposition
`
`Class 029. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Organic nut and seed-based snack bars
`
`Grounds for Opposition
`
`Deceptiveness
`False suggestion of a connection
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(a)
`Trademark Act section 2(a)
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`372072
`
`10/24/1939
`
`Application Date
`
`03/25/1938
`
`Foreign Priority
`
`NONE
`
`
`ESTTA583977
`ESTTA Tracking number:
`01/27/2014
`
`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
`
`The Quaker Oats Company
`01/26/2014
`
`555 West Monroe Street
`Chicago, IL 60661
`UNITED STATES
`
`Correspondence
`information
`
`Jeanette S. Zimmer
`Attorney for Opposer
`Frito-Lay North America, Inc.
`7701 Legacy Drive, Mail Stop 3A-421
`Plano, TX 75024
`UNITED STATES
`trademarks@pepsico.com, jeanette.zimmer@pepsico.com,
`donna.j.sanders@pepsico.com Phone:972.334.2587
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85858767
`01/27/2014
`
`Publication date
`Opposition
`Period Ends
`
`07/30/2013
`01/26/2014
`
`Ebars, LLC
`469 Wiregrass Lane
`Franklin, TN 37064
`TUNISIA
`Goods/Services Affected by Opposition
`
`Class 029. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Organic nut and seed-based snack bars
`
`Grounds for Opposition
`
`Deceptiveness
`False suggestion of a connection
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(a)
`Trademark Act section 2(a)
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`372072
`
`10/24/1939
`
`Application Date
`
`03/25/1938
`
`Foreign Priority
`
`NONE
`
`
`
`Word Mark
`Design Mark
`
`LIFE
`
`Date
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 030. First use: First Use: 1937/12/10 First Use In Commerce: 1937/12/10
`BREAKFAST CEREALS
`
`U.S. Registration
`No.
`Registration Date
`
`973532
`
`11/20/1973
`
`Application Date
`
`03/16/1973
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`LIFE
`
`NONE
`
`Class 030. First use: First Use: 1937/12/10 First Use In Commerce: 1937/12/10
`BREAKFAST CEREALS
`
`U.S. Registration
`No.
`Registration Date
`
`3843129
`
`08/31/2010
`
`Word Mark
`Design Mark
`
`LIFE
`
`Application Date
`
`04/30/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the word "life" instylized letters.
`
`Class 030. First use: First Use: 2010/05/31 First Use In Commerce: 2010/05/31
`Cereal-based food bars, namely, ready to eat, cereal derived food bars; grain-
`based food bars also containing chocolate, nuts and/or fruits
`
`U.S. Registration
`No.
`Registration Date
`
`3871587
`
`11/02/2010
`
`Word Mark
`
`LIFE
`
`Application Date
`
`01/28/2010
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 030. First use: First Use: 2010/05/31 First Use In Commerce: 2010/05/31
`Cereal-based food bars, namely, ready to eat, cereal derived food bars; grain-
`based food bars also containing chocolate, nuts and/or fruits; granola-based
`snack food
`
`U.S. Registration
`No.
`Registration Date
`
`4225775
`
`10/16/2012
`
`Word Mark
`Design Mark
`
`LIFE
`
`Application Date
`
`03/20/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized form ofthe word "LIFE"; containing a stylized "L"
`in the color blue, a stylized "I" inthe color red, a stylized "F" in the color yellow
`and a stylized "E" in the color green.
`Class 030. First use: First Use: 2011/12/31 First Use In Commerce: 2011/12/31
`Ready to eat cereal
`
`U.S. Registration
`No.
`Registration Date
`
`4230066
`
`10/23/2012
`
`Word Mark
`
`LIFE
`
`Application Date
`
`03/20/2012
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`Attachments
`
`The mark consists of a stylized form ofthe word "LIFE".
`
`Class 030. First use: First Use: 2011/12/31 First Use In Commerce: 2011/12/31
`Breakfast cereals
`
`71404488#TMSN.gif( bytes )
`77979814#TMSN.jpeg( bytes )
`77980297#TMSN.jpeg( bytes )
`85574063#TMSN.jpeg( bytes )
`85574822#TMSN.jpeg( bytes )
`LIFE BAR Notice of Opposition.pdf(798070 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
`
`/Jeanette S. Zimmer/
`Jeanette S. Zimmer
`01/27/2014
`
`
`
`[N THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application
`
`Mark
`
`Applicant
`Serial No
`
`Filed
`Published in the
`
`: LIFE BAR
`
`: Ebars, LLC
`: 85f858,767
`
`: February 25, 2013
`
`(jfficiaf Gazette
`
`: July 30, 2013
`
`———————————————————————————————————————————————————— —-.x
`
`TI-ll-I QUAKER OATS COMPANY,
`
`vs.
`
`EBARS, LLC
`
`Opposer,
`
`Applicant
`
`______________________________________________________,;
`
`Opposition No. _
`
`NOTICE OF OPPOSITION
`
`Opposer, The Quaker Oats Company (“Opposer”), a New Jersey corporation, located and
`
`doing business at 555 West Monroe Street. Chicago, Illinois 60661, believes that it will be
`
`damaged by the registration of United States Trademark Application Serial No. 85/85 836?, filed
`
`on February 25, 2013, in the name of Ebars, LLC (“Applicant”) for the mark LIFE BAR based
`
`on intent to use the mark in connection with “[o]rganic nut and seed-based snack bars” in
`
`International Class 029 and, having been previously granted extensions of time to oppose, hereby
`
`opposes the foregoing application.
`
`The specific grounds for this Opposition are as follows:
`
`
`
`1.
`
`Since at least as early as 1939, Opposer has been engaged in the manufacture,
`
`advertising, promotion and sale of breakfast cereal under the LIFE trademark.
`
`2.
`
`Opposer has expanded its product lines under the LIFE trademark to identify
`
`other related products, styles, flavors and shapes, such as cereal-based food bars, ready—to-eat,
`
`cereal derived food bars, grain-based food bars also containing chocolate, nuts and/or fruits and
`
`granoia-based snack food.
`
`3.
`
`Due to extensive and continuous advertising, sale, use and promotion ofa variety
`
`oi" food products under the LIFE trademark, this mark has not only acquired substantial public
`
`and consumer recognition throughout the United States, but has also enjoyed ‘valuable goodwill,
`
`and become famous since prior to the filing date of the application-at-issue, solely signifying
`
`Opposer as the source ofhigh quality products.
`
`4.
`
`Opposer registered its LIFE trademark and is the owner of at least six (6) live
`
`United States trademark registrations claimed in ()pposer’s Pieaded Marks in the Opposition
`
`filing, each of which incorporates the designation LIFE or variants thereof (hereinafter,
`
`collectively referred to as the “LIFE Marks”).
`
`5.
`
`Opposer’s LIFE Marks are valid, subsisting, in full force and effect, and serve as
`
`evidence of Opposer’s exclusive right to use such marks in commerce on or in connection with
`
`the goods identified in the registrations, as provided by Section 33(a) of the United States
`
`Trademark (Lanham) Act,
`
`15 U.S.C.
`
`§
`
`l115(a).
`
`Further,
`
`three (3) of Opposer’s LIFE
`
`registrations have become incontestable pursuant to Section 15 of the Lanham Act, 15 U.S.C. §
`
`1065.
`
`
`
`6.
`
`Collectively, Opp0ser’s LIFE Marks cover goods including breakfast cereals,
`
`cereal-based food bars, namely, ready to eat, cereal derived food bars; grain-based food bars also
`
`containing chocolate, nuts andfor fruits; granola-based snack foods.
`
`7.
`
`011 information and belief, on February 25, 2013, Applicant, Ebars, LLC, having
`
`an address at 469 Wiregrass Lane, Franklin, Tennessee 37064, filed Application Serial No.
`
`85/858,767 to register LIFE BAR, based on intent to use the mark in connection with “[ojrganic
`
`nut and seed~based snack bars" in International Class 029.
`
`8.
`
`Opposer has priority over Applicant because Opposer’s use, application filing
`
`dates and registration dates for the LIFE Marks precede the Applicant’s filing date for its
`
`application-at-issue.
`
`9.
`
`Applicant’s goods are identical or highly similar to the goods covered by the
`
`LIFE Marks.
`
`10.
`
`1 1.
`
`Applicant entered a disclaimer of the generic term “BAR” in the Application.
`
`Disclairncd matter is generally not regarded as the dominant, or most significant,
`
`feature of a mark, so the most dominant feature of Applieant’s mark is LIFE, which is identical
`
`to Opposcr’s LIFE Marks.
`
`12.
`
`App1icant’s use of the mark sought to be registered for the goods listed in its
`
`application is barred by the provisions of Section 2(d) of the Trademark Act of 1946 because
`
`said mark consists of or comprises a mark which so resembles Opposer’s LIFE Marks that have
`
`been in use and are also the subject of prior registrations in the United States Trademark Office,
`
`as to be likely, when used in connection with the products of the Applicant to cause confusion,
`
`mistake or deception.
`
`
`
`13.
`
`Applicant’s registration and use of the mark sought to be registered will likely
`
`dilute the distinctive quality of Opposefs LIFE Marks in violation of 15 U.S.C. § 1125(c).
`
`14.
`
`Applicant’s mark so resembles Opposer’s LIFE Marks as to be likely to cause
`
`confusion, to cause mistake or to deceive with consequent injury to Opposer. Persons are likely
`
`to believe that Applicanfs products have their source in Opposer or that Applicanfs products are
`
`in some way legitimately connected or affiliated with, sponsored, approved, endorsed or licensed
`
`by Opposer when, in fact, they are not.
`
`15.
`
`Opposer will be damaged by the issuance of a registration sought by Applicant
`
`within the meaning of 15 U.S.C. § 1063 because such registration would support and assist
`
`Applicant in the confusing, misleading, deceptive andfor dilutive use o'fApplicant’s LIFE BAR
`
`mark, and would give color of exclusive statutory rights to Applicant in violation and derogation
`
`of the prior and superior rights of Opposer.
`
`WI-I]:‘R1:‘1"ORE, Opposer prays that
`
`this opposition be sustained in its favor,
`
`that
`
`registration be denied to Applicant on its Application Serial No. 85f8S8,767, and that the Board
`
`grant all further relief to Opposer that is necessary andjust in these circumstances.
`
`Respectfully submitted,
`
`THE QUAKER OATS COMPANY
`
`Dated: January 27, 2014
`
`r
`l‘.
`
`
`
`
`
`I
`
`
`
`
`Jeanette S. Zimrrfer
`Attorney for Oppose:
`7701 Legacy Drive
`Mail Stop 3A-421
`Plano, TX 75024
`
`Phone: (972) 334-2587’
`Email: jeanctte.zimmer@pepsico.com
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing, NOTICE OF
`OPPOSITION, has been served on App1icant’s counsel Via First Class Mail, in an envelope with
`sufficient postage prepaid and addressed to:
`
`Lane R. Belisomo
`
`Butler Snow L LP
`
`Crescent Center
`
`6075 Poplar Avenue, Suite 500
`Memphis, Tennessee 381 19
`
`on January 27, 2014 n
`
`/I
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