Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA630379
`ESTTA Tracking number:
`10/01/2014
`
`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 ex-
`tension
`Address
`
`Ditribuidora Cuscatlan, Inc.
`10/01/2014
`
`6403 Ammendale Road
`Beltsville, MD 20705
`UNITED STATES
`
`Attorney informa-
`tion
`
`Allison R. Imber, Esq.
`Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A.
`255 South Orange Avenue, Suite 1401
`Orlando, FL 32801
`UNITED STATES
`aimber@addmg.com Phone:407-841-2330
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85933586
`10/01/2014
`
`Publication date
`Opposition Peri-
`od Ends
`
`06/03/2014
`10/01/2014
`
`Triangle Quality Foods, LLC
`2306 51st Place
`Hyattsville, MD 20781
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 029. First Use: 2013/05/09 First Use In Commerce: 2013/05/09
`All goods and services in the class are opposed, namely: Canned beans; Dried beans; Processed
`beans; Refried beans
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`Grounds for Opposition
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`Priority and likelihood of confusion
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`Trademark Act section 2(d)
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`Mark Cited by Opposer as Basis for Opposition
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`U.S. Registration
`No.
`Registration Date
`
`4204888
`
`09/11/2012
`
`Word Mark
`
`ABEJA REINA
`
`Application Date
`
`11/03/2011
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`Foreign Priority
`Date
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`NONE
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`

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`Design Mark
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`Description of
`Mark
`Goods/Services
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`NONE
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`Class 031. First use: First Use: 2003/03/05 First Use In Commerce: 2003/03/05
`Unprocessed beans
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`Attachments
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`85464232#TMSN.png( bytes )
`Notice of Opposition.pdf(48497 bytes )
`Exhibit A.pdf(54631 bytes )
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`Certificate of Service
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`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.
`10/01/2014
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Trademark Application Serial No. 85/933586
`For the Mark ROYAL BEE & Design
`Published in the Official Gazette on June 3, 2014
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`Distribuidora Cuscatlan, Inc.,
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`Opposer,
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`vs.
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`Triangle Quality Foods, LLC
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`Applicant.
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`Opposition No.
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`/
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`NOTICE OF OPPOSITION
`
`Ditribuidora Cuscatlan, Inc. (“Opposer”), a Maryland Corporation located at 6403
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`Ammendale Road, Beltsville, Maryland 20705, believes that it will be damaged by the
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`registration of the mark
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`, shown in U.S. Trademark Application Serial No.
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`85/933586 (the “Subject Application”), and specified for use in connection with “canned beans;
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`dried beans; processed beans; refried beans” in International Class 29, as published in the
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`Official Gazette on June 3, 2014, and hereby opposes the same.
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`The grounds for the opposition are as follows:
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`1.
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`Opposer is the owner of U.S. Trademark Registration No. 4,204,888 for the mark
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`ABEJA REINA, which translates as QUEEN BEE (the “QUEEN BEE Mark”) and is specified
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`for use in connection with “unprocessed beans” (“Opposer’s Goods”) in International Class 31.
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`(Exhibit A, true and correct copy of registration certificate and TARR status page for same.)
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`1
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`2.
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`Opposer has used the QUEEN BEE Mark in commerce since at least as early as
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`March 5, 2003 in connection with unprocessed beans.
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`3.
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`Opposer has used the QUEEN BEE Mark in connection with a distinctive gold
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`and red color pattern and bee design (the “Queen Bee Design Mark”):
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`4.
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`Opposer has extensively promoted and continuously used the QUEEN BEE Mark
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`and the Queen Bee Design Mark (collectively, “Opposer’s Marks”) throughout the United States,
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`and has had significant commercial success in connection with the unprocessed beans offered
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`under its marks. As a result, Opposer’s Marks have developed valuable goodwill within the
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`relevant trade and industry.
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`5.
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`6.
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`Opposer’s Marks are inherently distinctive, and are valuable assets of Opposer.
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`Applicant Triangle Quality Foods, LLC (“Applicant”) seeks to register the mark
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`as shown in the Subject Application (“Applicant’s Mark”) as a trademark for
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`use in connection with “canned beans; dried beans; processed beans; refried beans”
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`(“Applicant’s Goods”) as evidenced by the publication of the mark in the Official Gazette on
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`June 3, 2014.
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`7.
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`Applicant filed its application on May 16, 2013 on the basis of its actual
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`use of Applicant’s Mark in commerce within the United States since May 9, 2013.
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`2
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`8.
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`Upon information and belief, Applicant also uses its Mark in a gold and red
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`pattern:
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`9.
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`Opposer used Opposer’s Marks in commerce prior the filing date of the Subject
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`Application and, on information and belief, before Applicant’s first use of Applicant’s Mark in
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`connection with any of its goods within the United States.
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`10.
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`Applicant’s Mark is confusingly and deceptively similar to Opposer’s Marks.
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`Applicant’s Mark is very similar in sight, sound, connotation, and commercial impression to
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`Opposer’s Marks.
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`11.
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`Applicant’s Goods are very similar if not identical to Opposer’s Goods.
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`12.
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` Upon information and belief, the channels of trade and class of purchasers for
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`Applicant’s Goods are likely to be very similar or identical to those of Opposer’s Goods.
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`13. Due to the similarity between Applicant’s Mark and its Goods, as well as
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`Opposer’s Marks and its Goods, not to mention the likely similarity of the respective channels of
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`trade and classes of purchasers, the registration of Applicant’s Mark will cause great damage and
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`injury to Opposer. Persons familiar with Opposer’s Marks and Goods would likely confuse
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`Applicant’s Goods with those provided by Opposer. Any defect, objection or fault found with
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`Applicant’s Goods offered under its Mark may reflect upon and expose Opposer to liability, and
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`seriously injure the reputation that Opposer has established for its Goods.
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`3
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`14.
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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 its Mark in the United States, thereby causing damage and
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`injury to Opposer.
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`WHEREFORE, Opposer prays that Application Serial No. 85/933586 be rejected, that
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`this Opposition be sustained, that the registration sought by Applicant be refused, and that
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`Opposer be granted such additional relief as the Board deems just and proper.
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`Respectfully submitted,
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`
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`
`
`
`/Allison R. Imber/
`David L. Sigalow, 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
`Email: dsigalow@addmg.com,
`
`aimber@addmg.com
`
`Attorneys for Opposer
`Distribuidora Cuscatlan, Inc.
`
`
`
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`Dated: October 1, 2014
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`4
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`

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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a true and correct copy of the foregoing was served by U. S.
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`Mail on October 1, 2014, to:
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`Dana O. Lynch, Esq.
`Whiteford, Taylor & Preston LLP
`7 Saint Paul St.
`Baltimore, Maryland 21202-1626
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` /Michel Rodriguez/
` Michel Rodriguez
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`5
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`EXHIBIT A
`EXHIBIT A
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`

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`Generated on: This page was generated by TSDR on 2014-10-01 15:12:17 EDT
`
`Mark: ABEJA REINA
`
`US Serial Number: 85464232
`
`US Registration Number: 4204888
`
`Filed as TEAS Plus: Yes
`
`Register: Principal
`
`Mark Type: Trademark
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`Application Filing Date: Nov. 03, 2011
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`Registration Date: Sep. 11, 2012
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`Currently TEAS Plus: Yes
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`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
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`Status Date: Sep. 11, 2012
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`Publication Date: Jun. 26, 2012
`
`
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`Mark Literal Elements: ABEJA REINA
`
`Mark Information
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`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`Mark Drawing Type: 4 - STANDARD CHARACTER MARK
`
`Translation: The English translation of "ABEJA REINA" in the mark is "QUEEN BEE".
`Goods and Services
`
`Note: The following symbols indicate that the registrant/owner has amended the goods/services:
`
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
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`For: Unprocessed beans
`
`International Class(es): 031 - Primary Class
`
`U.S Class(es): 001, 046
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Mar. 05, 2003
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
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`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Use in Commerce: Mar. 05, 2003
`Basis Information (Case Level)
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`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
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`Currently 66A: No
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`Amended Use: No
`
`Amended ITU: No
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`Amended 44D: No
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`Amended 44E: No
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`Currently No Basis: No
`Current Owner(s) Information
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`Owner Name: DISTRIBUIDORA CUSCATLAN INC
`
`Owner Address: 6403 Ammendale Rd.
`Beltsville, MARYLAND 20705
`UNITED STATES
`
`Legal Entity Type: CORPORATION
`
`State or Country Where
`Organized:
`Attorney/Correspondence Information
`
`MARYLAND
`
`Attorney of Record - None
`Correspondent
`
`Correspondent
`Name/Address:
`
`JOSE E. RODRIGUEZ
`DISTRIBUIDORA CUSCATLAN INC
`6403 AMMENDALE ROAD
`BELTSVILLE, MARYLAND 20705
`
`

`
`UNITED STATES
`
`Phone: 301 4408180
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`Correspondent e-mail: cuscatlanusa@aol.com cuscatlanfoods@hotmail.c
`om frodriguez@cuscatlanfoods.com
`
`Correspondent e-mail
`Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Sep. 11, 2012
`Jul. 23, 2012
`Jul. 16, 2012
`Jul. 07, 2012
`Jun. 26, 2012
`Jun. 26, 2012
`Jun. 06, 2012
`May 22, 2012
`May 22, 2012
`May 21, 2012
`May 21, 2012
`May 16, 2012
`May 03, 2012
`May 03, 2012
`Feb. 22, 2012
`Feb. 22, 2012
`Feb. 22, 2012
`Feb. 21, 2012
`Nov. 08, 2011
`Nov. 07, 2011
`
`REGISTERED-PRINCIPAL REGISTER
`CHANGES/CORRECTIONS AFTER PUB APPROVAL ENTERED
`ASSIGNED TO PETITION STAFF
`TEAS POST PUBLICATION AMENDMENT RECEIVED
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`PUBLISHED FOR OPPOSITION
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`APPROVED FOR PUB - PRINCIPAL REGISTER
`TEAS/EMAIL CORRESPONDENCE ENTERED
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`ASSIGNED TO LIE
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`NON-FINAL ACTION E-MAILED
`NON-FINAL ACTION WRITTEN
`ASSIGNED TO EXAMINER
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
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`Current Location: PETITIONS OFFICE
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`Date in Location: Jul. 23, 2012
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`TM Staff Information - None
`File Location
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`Proceeding
`Number
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`67832
`67832
`1111
`
`77312
`
`77312
`77312
`77312
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`6325
`6325
`69800
`69800
`
`

`
`ABE]A REINA
`
`DISTRIBUIDORA CUSCATLAN INC (MARYLAND CORPORATION)
`Reg, No, 4,204,888
`6403 AMMENDALE RD.
`_
`Registered Sep. 11, 2012 RELTSVIILE, MD 20705
`
`Int. Cl.: 31
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`FOR: UNPROCESSED BEANS, IN CLASS 31 (US. CLS. 1 AND 46).
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`TRADEIVIARK
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`FIRST USE 3-5-2003; IN COMMERCE 3-5-2003.
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`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
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`PRINCIPAL REGISTER
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`TICULAR FONT, STYLE, SI7,F,, OR COLOR.
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`THE ENGLISH TRANSLATION OF "ABEJA REINA" IN THE MARK IS "QUEEN BEE".
`
`SER. NO. 85-464,232, FILED 11-3-2011.
`
`LESLEY LAM()'1‘H1;', EXAMINING A'1"1'()R_NEY
`
`Director uflhe Unized States Patent and 1‘I'ademR1'l< (lfiice