Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA765306
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`Filing date:
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`08/18/2016
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's e-mail
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`Signature
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`Date
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`91228904
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`Defendant
`Nutt, Jerry
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`NUTT, JERRY
`217 MAIN STREET
`DESTIN, FL 32541
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`boat54@aol.com
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`Answer
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`Jackson MacDonald
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`tmsupport@breanlaw.com
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`/JMD/
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`08/18/2016
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`Attachments
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`OPP-ApplicantsAnswer -- SALT DEATH.pdf(117708 bytes )
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`Salt Life, LLC
`Opposer,
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`v.
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`Jerry Nutt
`Applicant.
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No. 91228904
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`Mark: SALT DEATH
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`Application No. 86798838
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION
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`Applicant, Jerry Nutt (“Applicant”), for its Answer to the Notice of Opposition filed by Salt Life,
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`LLC against application for registration of Applicant's trademark SALT DEATH, serial number
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`86798838, pleads and avers as follows:
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`1. Admitted.
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`2. Admitted.
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`3. Admitted.
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`4. Applicant does not have sufficient knowledge or information to form a belief as to the
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`allegations contained in Paragraph 4 and accordingly denies the allegations therein.
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`5. Applicant does not have sufficient knowledge or information to form a belief as to the
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`allegations contained in Paragraph 5 and accordingly denies the allegations therein.
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`6. Applicant does not have sufficient knowledge or information to form a belief as to the
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`allegations contained in Paragraph 6 and accordingly denies the allegations therein.
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`7. Denied.
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`8. Applicant does not have sufficient knowledge or information to form a belief as to the
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION - U.S. Serial No. 86798838
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`1
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`allegations contained in Paragraph 8 and accordingly denies the allegations therein.
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`9. Applicant does not have sufficient knowledge or information to form a belief as to the
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`allegations contained in Paragraph 9 and accordingly denies the allegations therein.
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`10. Applicant does not have sufficient knowledge or information to form a belief as to the
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`allegations contained in Paragraph 10 and accordingly denies the allegations therein.
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`11. Applicant does not have sufficient knowledge or information to form a belief as to the
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`allegations contained in Paragraph 11 and accordingly denies the allegations therein.
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`12. Applicant does not have sufficient knowledge or information to form a belief as to the
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`allegations contained in Paragraph 12 and accordingly denies the allegations therein.
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`13. Denied.
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`14. Denied.
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`15. Denied.
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`16. Denied.
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`17. Denied.
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`AFFIRMATIVE DEFENSES
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`1. SALT as used in Opposer’s marks is merely descriptive, and the inclusion of that descriptive
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`term in both Opposer’s and Applicant’s marks cannot support a finding of likelihood of
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`confusion. Opposer’s products and brand are centered around “ocean-centric activities,” and are
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`thus intended for use on, in, or around salt water. Accordingly, because the term SALT in
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`Opposer’s mark refers to the salt water of the ocean with which Opposer’s products are intended
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`for use, SALT as used in Opposer’s marks is merely descriptive.
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION - U.S. Serial No. 86798838
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`2
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`In view of the foregoing, Applicant contends that this opposition is groundless and baseless in
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`fact; that Opposer has not shown wherein it will be, or is likely to be, damaged by the registration of
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`Applicant's trademark; that Applicant's trademark is manifestly distinct from any alleged mark of the
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`Opposer or any designation of the Opposer and Applicant prays that this Opposition be dismissed and
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`that Applicant be granted registration of its trademark.
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`Dated: August 18, 2016
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`Respectfully submitted,
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`BREANLAW LLC
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`By: _______________________
`Jackson MacDonald, Esq.
`BreanLaw, LLC
`P.O. Box 4120 ECM #72065
`Portland, Oregon 97208
`jackson@breanlaw.com
`tmsupport@breanlaw.com
`800-451-5815
`Attorney for Applicant
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION - U.S. Serial No. 86798838
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`3
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`CERTIFICATE OF SERVICE
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`This is to certify that a copy of this APPLICANT’S ANSWER TO NOTICE OF OPPOSITION, is being
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`deposited with the U.S. Postal Service on August 18, 2016 by first-class mail, postage prepaid to the
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`counsel of record in an envelope addressed as follows:
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`Jason A. Pittman
`Dority & Manning
`75 Beattie Place
`Greenville, SC 29601
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`/JMD/
`Jackson MacDonald, Esq.
`BreanLaw, LLC
`P.O. Box 4120 ECM #72065
`Portland, Oregon 97208
`jackson@breanlaw.com
`tmsupport@breanlaw.com
`800-451-5815
`Attorney for Applicant
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION - U.S. Serial No. 86798838
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