Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA704581
`ESTTA Tracking number:
`10/26/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91223808
`Defendant
`Wood, Nancy
`KYLE ANNE CITRYNELL
`SEILLER WATERMAN LLC
`462 S. 4TH ST., 22ND FLOOR
`LOUISVILLE, KY 40202
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`citrynell@derbycitylaw.com
`Opposition/Response to Motion
`Kyle A. Citynell
`citrynell@derbycitylaw.com, swann@derbycitylaw.com
`/s/ Kyle A. Citrynell
`10/26/2015
`Resp to Opp - UK.pdf(11076 bytes )
`
`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 86/478,059; WILDTUCKY
`Published in the Official Gazette on May 19, 2015
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`Opposition No. 91223808
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`UNIVERSITY OF KENTUCKY,
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`Opposer,
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`v.
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`NANCY WOOD,
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`Applicant.
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`RESPONSE TO NOTICE OF OPPOSITION
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`Comes Applicant Nancy Wood, and in response to the Notice of Opposition filed by Opposer
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`University of Kentucky states as follows:
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`1.
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`2.
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`3.
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`4.
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`Applicant admits paragraph 1 of the Notice of Opposition.
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`Applicant admits paragraph 2 of the Notice of Opposition.
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`Applicant admits paragraph 3 of the Notice of Opposition.
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`With respect to the allegations in paragraph 4 of the Notice of Opposition, Applicant
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`lacks sufficient knowledge to admit or deny same, and therefore denies same, leaving
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`Opposer to its proof.
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`5.
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`With respect to the allegations in paragraph 5 of the Notice of Opposition, Applicant
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`lacks sufficient knowledge to admit or deny same, and therefore denies same, leaving
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`6.
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`7.
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`Opposer to its proof.
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`Applicant admits paragraph 6 of the Notice of Opposition.
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`With respect to the allegations in paragraph 7, Applicant admits that December 23,
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`1997 predates December 11, 2014.
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`8.
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`9.
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`Applicant admits paragraph 8 of the Notice of Opposition.
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`With respect to the allegations in paragraph 9 of the Notice of Opposition, Applicant
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`lacks sufficient knowledge to admit or deny same, and therefore denies same, leaving
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`Opposer to its proof.
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`10.
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`The allegations in paragraph 10 set forth a legal conclusion with respect to which
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`Applicant lacks sufficient knowledge to admit or deny, therefore denying same and
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`leaving Opposer to its proof.
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`11. With respect to paragraph 11, Applicant repeats and re-alleges paragraphs 1 through
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`10 of this Response to Notice of Opposition.
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`Applicant admits paragraph 12 of the Notice of Opposition.
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`Applicant denies paragraph 13 of the Notice of Opposition.
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`Applicant denies paragraph 14 of the Notice of Opposition.
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`Applicant denies paragraph 15 of the Notice of Opposition.
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`Applicant denies paragraph 16 of the Notice of Opposition.
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`Applicant denies paragraph 17 of the Notice of Opposition.
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`Applicant denies paragraph 18 of the Notice of Opposition.
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`Applicant denies paragraph 19 of the Notice of Opposition.
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`Applicant denies paragraph 20 of the Notice of Opposition.
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`Applicant denies the introductory, unnumbered paragraph of the Notice of
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`12.
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`13.
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`14.
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`15.
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`16.
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`17.
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`18.
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`19.
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`20.
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`21.
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`Opposition. Applicant admits that she applied, and that the application was examined and allowed
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`by, and is pending registration in the United States Patent and Trademark Office. Applicant denies
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`that she is now, at this present moment, seeking to register the WILDTUCKY mark. Applicant now
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`seeks to voluntarily abandon her application, not because Opposer’s opposition herein has any merit,
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`but because Applicant does not have the resources to challenge Opposer in this proceeding.
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`2
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`22.
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`Unless specifically admitted herein, Applicant denies each and every allegation in
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`Opposer’s Notice of Opposition.
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`Respectfully submitted,
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`/s/ Kyle Anne Citrynell
`KYLE ANNE CITRYNELL
`SEILLER WATERMAN LLC
`462 S. Fourth Street, 22nd Floor
`Louisville, Kentucky 40202
`Telephone: (502) 584-7400
`Facsimile: (502) 583-2100
`Email: citrynell@derbycitylaw.com
`Attorneys for Applicant Nancy Wood
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`CERTIFICATE OF ELECTRONIC TRANSMISSION
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`Date: October 26, 2015
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`I certify that this Response to Notice of Opposition is being transmitted electronically to the
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`Trademark Trial and Appeal Board of the United States Patent and Trademark Office, on the date
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`indicated above, through the ESTTA electronic filing system at the website http://estta.uspto.gov/.
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`By:
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`/s/ Kyle Anne Citrynell
`Kyle Anne Citrynell, Esq.
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`3
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`CERTIFICATE OF SERVICE
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`I certify that on October 26, 2015 I served this Response to Notice of Opposition by first
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`class mail on:
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`Michael S. Hargis, Esq.
`King & Schickli, PLLC
`247 North Broadway
`Lexington, Kentucky 40507
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`g:\doc\KAC\Wood, Nancy\Resp to Opp - UK.wpd
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`By:
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`/s/ Kyle Anne Citrynell
`Kyle Anne Citrynell, Esq.
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`4
