Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA762708
`08/05/2016
`
`ESTTA Tracking number:
`
`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
`
`Kansas State University
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`08/10/2016
`
`105 Anderson Hall Kansas State University
`Manhattan, KS 66506
`UNITED STATES
`
`Alicia Grahn Jones
`KILPATRICK TOWNSEND & STOCKTON LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, GA 30309
`UNITED STATES
`tmadmin@kilpatricktownsend.com, aljones@ktslaw.com, cgente-
`man@ktslaw.com, kteilhaber@ktslaw.com, brook@ktslaw.com
`Phone:404-815-6500
`
`Applicant Information
`
`Application No
`
`86830732
`
`Publication date
`
`04/12/2016
`
`Opposition Filing
`Date
`
`Applicant
`
`08/05/2016
`
`Vrana, John
`603 Fellowship Rd
`Mount Laurel, NJ 08054
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`08/10/2016
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Polo shirts; Shorts; Sweatpants; Sweat-
`shirts; T-shirts
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols, or brings them into contempt, or disrep-
`ute
`
`Trademark Act Section 2(d)
`
`Trademark Act Section 2(a)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`1918080
`
`Application Date
`
`09/12/1994
`
`

`
`Registration Date
`
`09/12/1995
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1993/04/05 First Use In Commerce: 1993/04/12
`clothing, namely hats, T-shirts, sweat shirts, sweat pants, socks, jackets and jer-
`seys
`
`U.S. Registration
`No.
`
`2726628
`
`Registration Date
`
`06/17/2003
`
`Word Mark
`
`Design Mark
`
`CATBACKERS
`
`Application Date
`
`01/17/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1980/10/00 First Use In Commerce: 1980/10/00
`clothing, namely, caps, hats, t-shirts,sweatshirts, sweatpants, collared shirts
`Class 035. First use: First Use: 1980/10/00 First Use In Commerce: 1980/10/00
`association services, namely, alumni association for promoting the interests ofa
`university's athletic and academic programs
`
`U.S. Registration
`No.
`
`1676180
`
`Application Date
`
`03/22/1991
`
`

`
`Registration Date
`
`02/18/1992
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the design of the head of a wildcat.
`
`Class 041. First use: First Use: 1989/04/10 First Use In Commerce: 1989/04/10
`entertainment services at the college level in the form of live athletic contests;
`and educational services; namely, providing courses of instruction at the college
`level
`
`Attachments
`
`74571897#TMSN.png( bytes )
`76360711#TMSN.png( bytes )
`74151591#TMSN.png( bytes )
`WILDCAT NATION - Notice of Opposition.pdf(511678 bytes )
`
`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.
`
`Certificate of Service
`
`Signature
`
`/Alicia Grahn Jones/
`
`Name
`
`Date
`
`Alicia Grahn Jones
`
`08/05/2016
`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`KANSAS STATE UNIVERSITY,
`
`) ) )
`
`
`In the matter of Application
`Serial No. 86/830,732
`for the mark WILDCAT NATION
`
`
`
`
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`
`)
`)
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`) ) )
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`)
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`) )
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`)
`)
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`NOTICE OF OPPOSITION
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`Opposer Kansas State University (“Opposer” or the “University”), a Kansas corporation
`
`located at 122 Anderson Hall, Manhattan, Kansas 66506, believes it will be damaged by the
`
`registration of the mark WILDCAT NATION (Serial No. 86/830,732), and opposes the same
`
`pursuant to 15 U.S.C. § 1063 and 37 C.F.R. §§ 2.101, 2.104(a). The grounds for this opposition
`
`are as follows:
`
`THE UNIVERSITY AND IT’S MARKS
`
`1.
`
`Founded in 1863, Kansas State University has nine colleges and offers
`
`undergraduate and graduate educational and athletic programs. In the Spring 2016 semester, the
`
`University enrolled a total of 22,635 students from across the United States and abroad. The
`
`University’s academic and athletic programs are well-known and respected throughout the
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`United States, particularly in the midwestern United States.
`
`2.
`
`For more than eighty years, the University and its athletic teams have used the
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`WILDCATS mark in connection with a broad range of goods and services (the “WILDCATS
`
`US2008 11687273 2
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`1
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`
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`
`
`v.
`
`Opposer,
`
`
`JOHN VRANA,
`
`Applicant.
`
`
`
`
`
`
`

`
`
`
`Mark”). The University’s athletic department, and its many teams and organizations use the
`
`WILDCATS Mark, which is the University’s nickname, mascot, and athletic identity. The
`
`University owns the WILDCATS Mark for a wide variety of goods and services, including
`
`apparel. The WILDCATS Mark has become a strong source-identifier for the University’s
`
`educational and entertainment products and services.
`
`3.
`
`The University is a member of the Big 12 Conference, which participates in the
`
`NCAA Division I. The University has sixteen varsity sports teams, which are all referred to as
`
`the WILDCATS. Since becoming a member of the Big 12 Conference, the University’s sports
`
`teams have won 78 conference championships. The University’s football team was ranked #1
`
`nationally during the 1998 season and won the Big 12 Conference championship in 2012 and
`
`2003. Notably, in 2012, the University became only the second Big 12 school to win conference
`
`titles in football, men’s basketball, and baseball in the same school year. The University’s
`
`football team has participated in 13 bowl games, including 11 straight bowl games between the
`
`1993 and 2003 seasons, as well as bowl appearances in 2011 and 2012. The University’s men’s
`
`basketball team also has enjoyed major success, including 27 NCAA basketball tournament
`
`appearances and reaching the Final Four 4 times, the Elite Eight 12 times, and the Sweet Sixteen
`
`16 times. The University’s women’s basketball team has made 19 NCAA basketball tournament
`
`and AIAW tournament appearances, and was crowned champion of the Women’s National
`
`Invitation Tournament following the 2005-2006 season. As a result, the University’s athletic
`
`teams and the WILDCATS Mark have been extensively featured on television broadcasts and in
`
`print and online media nationwide for decades.
`
`4.
`
`For decades (and well before Applicant adopted or filed its intent-to-use
`
`application for its WILDCAT NATION mark), the University has used and licensed its
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`US2008 11687273 2
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`2
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`WILDCATS Mark in connection with a variety of products, including apparel. The University’s
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`licensed products bearing the WILDCATS Mark are sold across the United States.
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`5.
`
`Growing out of its rights in the WILDCATS Mark, the University frequently uses
`
`the phrase “Wildcat Nation” (the “WILDCAT NATION Mark”) to promote its goods and
`
`services, including licensing the mark in connection with apparel. The WILDCAT NATION
`
`Mark is of great value to the University and embodies the valuable reputation and goodwill of
`
`University, its athletic teams, and University’s licensed merchandise associated therewith.
`
`6.
`
`Representative examples of the University’s use of the WILDCAT NATION
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`Mark on licensed products are depicted below.
`
`
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`3
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`US2008 11687273 2
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`7.
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`The University also owns a federal registration for a wildcat design (Reg. No.
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`1,918,080), depicted below (the “Wildcat Head Design”), for “clothing, namely hats, t-shirts,
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`sweat shirts, sweat pants, socks, jackets and jerseys” in International Class 25, registered on
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`September 12, 1995, claiming a date of first use of April 5, 1993.
`
`
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`A true and correct copy of the USPTO TESS records for the Wildcat Head Design (Reg. No.
`
`1,918,080) is attached as Exhibit 1.
`
`8.
`
`The University has complied with all requirements necessary to maintain its
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`registration of the Wildcat Head Design mark (Reg. No. 1,918,080), which is now incontestable
`
`under 15 U.S.C. § 1065.
`
`9.
`
`The University owns a federal registration for the mark CATBACKERS (Reg.
`
`No. 2,726,628) for “clothing, namely, caps, hats, t-shirts, sweatshirts, sweatpants, collared shirts”
`
`in International Class 25, and “association services, namely, alumni association for promoting
`
`the interests of a university’s athletic and academic programs” in International Class 35,
`
`registered on June 17, 2003, claiming a date of first use of October 1980. A true and correct
`
`copy of the USPTO TESS records for the mark CATBACKERS (Reg. No. 2,726,628) is attached
`
`as Exhibit 2.
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`US2008 11687273 2
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`4
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`

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`
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`10.
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`The University has complied with all requirements necessary to maintain its
`
`registration of the CATBACKERS mark (Reg. No. 2,726,628), which is now incontestable under
`
`15 U.S.C. § 1065.
`
`11.
`
`The University owns a federal registration for a wildcat design (Reg. No.
`
`1,676,180), depicted below (the “Dotted Wildcat Head Design”), for “entertainment services at
`
`the college level in the form of live athletic contests; and educational services; namely, providing
`
`courses of instruction at the college level” in International Class 41, registered on February 18,
`
`1992, claiming a date of first use of April 10, 1989.
`
`
`
`A true and correct copy of the USPTO TESS records for the Dotted Wildcat Head Design (Reg.
`
`No. 1,676,180) is attached as Exhibit 3.
`
`12.
`
`The University has complied with all requirements necessary to maintain its
`
`registration of the Dotted Wildcat Head Design (Reg. No. 1,676,180), which is now
`
`incontestable under 15 U.S.C. § 1065.
`
`13.
`
`The University’s trademarks in paragraphs 2-12 are collectively referred to as the
`
`“University’s Marks.”
`
`14.
`
`As a result of the University’s longstanding and extensive use, the University’s
`
`Marks are symbolic of the extensive goodwill and consumer recognition established by the
`
`University. The University’s Marks have attained a high degree of recognition and
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`US2008 11687273 2
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`5
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`

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`
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`distinctiveness throughout the United States, and particularly in the midwestern United States, in
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`connection with educational services, apparel, and other goods and services commonly
`
`associated with a university as an educational institution and its athletic department. By virtue of
`
`the University’s expenditure of substantial amounts of time, effort, and money in advertising and
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`promoting its goods and services, the University’s Marks have come to identify the University’s
`
`athletics and other goods and services. Purchasers and prospective purchasers, as well as other
`
`members of the public, are familiar with and identify the University’s Marks, and understand and
`
`expect that a wide variety of goods and services offered under the University’s Marks are
`
`affiliated with, sponsored, or licensed by the University. Indeed, the University’s Marks have
`
`become well-known for the University’s goods and services, particularly in the midwestern
`
`United States.
`
`
`
`THE APPLICANT’S MARK
`
`15.
`
`On information and belief, on November 24, 2015, Applicant John Vrana
`
`(“Applicant”) filed an intent-to-use Application Serial No. 86/830,732 to register the mark
`
`WILDCAT NATION (“Applicant’s Mark”) for use in connection with “polo shirts; shorts;
`
`sweatpants; sweatshirts; T-shirts” in International Class 25.
`
`16.
`
`Applicant is the record owner of numerous other applications to register marks
`
`incorporating collegiate and professional team mascots, including but not limited to applications
`
`to register the ONCE A BUCKEYE, ALWAYS A BUCKEYE mark (Application Serial No.
`
`86535935), the ONCE A GATOR, ALWAYS A GATOR mark (Application Serial No.
`
`86545767), the ONCE A PHILLIE, ALWAYS A PHILLIE mark (Application Serial No.
`
`86536026), the ONCE A SPARTAN, ALWAYS A SPARTAN mark (Application Serial No.
`
`US2008 11687273 2
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`6
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`

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`
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`86545559), the ONCE AN EAGLE, ALWAYS AN EAGLE mark (Application Serial No.
`
`86543163), the ONCE A PANTHER, ALWAYS A PANTHER mark (Application Serial No.
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`86543143), the ONCE A BULLDOG, ALWAYS A BULLDOG mark (Application Serial No.
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`86543060), and the ONCE A BEAR, ALWAYS A BEAR mark (Application Serial No.
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`86535973). Applicant is attempting to register marks that trade on the goodwill and fame of
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`various colleges and universities as well as professional sports teams across the United States.
`
`17.
`
`The application for Applicant’s Mark was first published for opposition in the
`
`Official Gazette dated April 12, 2016. Opposer timely filed extensions of time to oppose this
`
`application, and thus is allowed until August 10, 2016 to file this Notice of Opposition.
`
`GROUND I – LIKELIHOOD OF CONFUSION
`
`18.
`
`Opposer hereby incorporates by reference the allegations of Paragraphs 1 through
`
`17 above as if fully set forth herein.
`
`19.
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`The University will be damaged by the registration of Applicant’s Mark because
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`it incorporates the University’s WILDCATS Mark and is identical to the University’s previously
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`used WILDCAT NATION Mark as to be likely to cause confusion, mistake, and deception.
`
`20.
`
`In addition to the similarity of the parties’ marks, the apparel goods that Applicant
`
`intends to offer under Applicant’s Mark are identical to the apparel goods that the University has
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`long offered under the University’s Marks.
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`21.
`
`Consumers are likely to believe that Applicant’s apparel goods, offered under a
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`mark that incorporates the University’s WILDCATS Mark and that is identical to the
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`University’s previously used WILDCAT NATION Mark, are licensed, endorsed, or otherwise
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`associated with the University.
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`22.
`
`Persons familiar with the University’s Marks are likely to believe erroneously that
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`US2008 11687273 2
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`7
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`

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`Applicant’s goods are offered by the University, or are authorized, licensed, endorsed, or
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`sponsored by the University, and registration of Applicant’s Mark on the Principal Register will
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`be inconsistent with the University’s rights in the University’s Marks.
`
`
`
`GROUND II – FALSE SUGGESTION OF A CONNECTION
`
`Opposer hereby incorporates by reference the allegations of Paragraphs 1 through 22
`
`above as if fully set forth herein.
`
`23.
`
`Registration of Applicant’s Mark is in violation of Section 2(a) of the Lanham
`
`Act, 15 U.S.C. § 1052(a) because:
`
`a.
`
`Applicant’s Mark is a close approximation of the University’s WILDCATS Mark
`
`and identical to the University’s WILDCAT NATION Mark;
`
`b.
`
`The University’s Marks are a representation of the University’s identity, and
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`consumers will recognize Applicant’s Mark as pointing uniquely and
`
`unmistakably to the University;
`
`c.
`
`d.
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`The University has no connection with Applicant or Applicant’s goods; and
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`The University’s identity is of sufficient national fame and reputation as a result
`
`of its various academic and athletic successes, that when Applicant’s Mark is used
`
`on Applicant’s apparel goods, a connection with the University will be presumed.
`
`24.
`
`On information and belief, Applicant intends to suggest a connection with the
`
`University, because Applicant is using the University’s athletic identity and name and attempting
`
`to trade off the goodwill that the University has developed in its athletic identity and name.
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`25.
`
`Registration of Applicant’s Mark on the Principal Register will be inconsistent
`
`with the University’s right to control the use of its identity.
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`US2008 11687273 2
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`26.
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`The filing fee in the amount of $300.00 is enclosed. The Commissioner is
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`authorized to debit the deposit account of Kilpatrick Stockton LLP (deposit account no. 11-0860)
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`for any deficiency in the required fee.
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`
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`WHEREFORE, the University requests that Application Serial No. 86/830,732 be
`
`refused registration and this Notice of Opposition be sustained in its favor.
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/Alicia Grahn Jones/
`Alicia Grahn Jones
`Crystal C. Genteman
`KILPATRICK STOCKTON LLP
`1100 Peachtree Street
`Suite 2800
`Atlanta, Georgia 30309-4530
`(404) 815-6500
`Attorneys for Opposer
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`US2008 11687273 2
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`9
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`KANSAS STATE UNIVERSITY,
`
`) ) )
`
`
`In the matter of Application
`Serial No. 86/830,732
`for the mark WILDCAT NATION
`
`
`
`
`
`
`
`
`
`)
`)
`
`) ) )
`
`)
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`) )
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`)
`)
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`
`
`v.
`
`Opposer,
`
`
`JOHN VRANA,
`
`
`
`
`Applicant.
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and correct copy of the foregoing NOTICE OF OPPOSITION
`
`was served on counsel for Applicant on August 5, 2016 via first class mail to:
`
`
`MATTHEW H. SWYERS
`THE TRADEMARK COMPANY
`344 MAPLE AVE. WEST, PMB 151
`VIENNA, VA 22180
`
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`/Alicia Grahn Jones/
`Counsel for Opposer
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`CERTIFICATE OF TRANSMITTAL
`
`
`I hereby certify that a true copy of the foregoing NOTICE OF OPPOSITION is being
`filed electronically with the TTAB via ESTTA on this day, August 5, 2016.
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`/Alicia Grahn Jones/
`Counsel for Opposer
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`US2008 11687273 2
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`10
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`EXHIBIT 1
`EXHIBIT 1
`
`

`
`Generated on: This page was generated by TSDR on 2016-08-03 11:14:52 EDT
`
`Mark:
`
`US Serial Number: 74571897
`
`US Registration
`Number:
`
`1918080
`
`Register: Principal
`
`Mark Type: Trademark
`
`Status: The registration has been renewed.
`
`Status Date: Dec. 04, 2015
`
`Publication Date: Jun. 20, 1995
`
`(cid:160)
`
`Mark Literal
`Elements:
`
`None
`
`Standard Character
`Claim:
`
`No
`
`Application Filing
`Date:
`
`Sep. 12, 1994
`
`Registration Date: Sep. 12, 1995
`
`Mark Information
`
`Mark Drawing
`Type:
`
`Design Search
`Code(s):
`
`2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S)
`
`03.01.03 - Cats, tigers or other large cats; Cheetahs; Jaguars; Leopard; Lynx; Ocelots; Tigers; Panther; Panthers; Puma
`03.01.16 - Heads of cats, dogs, wolves, foxes, bears, lions, tigers
`03.01.24 - Stylized cats, dogs, wolves, foxes, bears, lions, tigers
`
`Related Properties Information
`
`Claimed Ownership
`of US
`Registrations:
`
`1676180
`
`Note: The following symbols indicate that the(cid:160)registrant/owner has amended the goods/services:
`
`Goods and 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.
`
`For: clothing, namely hats, T-shirts, sweat shirts, sweat pants, socks, jackets and jerseys
`
`International
`Class(es):
`
`025 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 039
`
`First Use: Apr. 05, 1993
`
`Use in Commerce: Apr. 12, 1993
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended 44D: No
`
`Amended 44E: No
`
`

`
`Filed 66A: No
`
`Filed No Basis: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Kansas State University
`
`Owner Address: 1800 College Ave.
`Manhattan, KANSAS 66502
`UNITED STATES
`
`Legal Entity Type: NOT-FOR-PROFIT ASSOCIATION
`
`State or Country
`Where Organized:
`
`KANSAS
`
`Attorney/Correspondence Information
`
`Attorney Name: MICHAEL R. VAN WIEREN
`
`Docket Number: Kansas State
`
`Attorney of Record
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`MICHAEL R. VAN WIEREN
`LEARFIELD LICENSING PARTNERS, LLC
`442 CENTURY LANE
`SUITE 100
`HOLLAND, MICHIGAN 49423
`UNITED STATES
`
`Phone: 616-395-0676
`
`Fax: 616-395-2517
`
`Correspondent e-
`mail:
`
`mvanwieren@learfieldlicensing.com aweiss@learf
`ieldlicensing.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`Date
`
`Description
`
`Dec. 04, 2015
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`Dec. 04, 2015
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
`
`Dec. 04, 2015
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Dec. 03, 2015
`
`TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED
`
`Oct. 08, 2015
`
`POST REGISTRATION ACTION MAILED - SEC. 8 & 9
`
`Oct. 07, 2015
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Sep. 08, 2015
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Sep. 08, 2015
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Dec. 10, 2008
`
`NOTICE OF DESIGN SEARCH CODE MAILED
`
`Oct. 14, 2005
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`Oct. 14, 2005
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Oct. 14, 2005
`
`ASSIGNED TO PARALEGAL
`
`Aug. 11, 2005
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`Aug. 11, 2005
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`Aug. 11, 2005
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Oct. 03, 2001
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Sep. 12, 2001
`
`REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
`
`Sep. 12, 1995
`
`REGISTERED-PRINCIPAL REGISTER
`
`Jun. 20, 1995
`
`PUBLISHED FOR OPPOSITION
`
`May 19, 1995
`
`NOTICE OF PUBLICATION
`
`Feb. 13, 1995
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Feb. 07, 1995
`
`EXAMINER'S AMENDMENT MAILED
`
`Jan. 27, 1995
`
`ASSIGNED TO EXAMINER
`
`Maintenance Filings or Post Registration Information
`
`Affidavit of
`Continued Use:
`
`Section 8 - Accepted
`
`Proceeding
`Number
`
`74886
`
`74886
`
`74886
`
`74886
`
`67603
`
`68365
`
`

`
`Affidavit of
`Incontestability:
`
`Section 15 - Accepted
`
`Renewal Date: Sep. 12, 2015
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Dec. 04, 2015
`
`Proceedings
`
`Summary
`
`Number of
`Proceedings:
`
`3
`
`Proceeding
`Number:
`
`91195623
`
`Status: Terminated
`
`Interlocutory
`Attorney:
`
`ANN LINNEHAN VOGLER
`
`Type of Proceeding: Opposition
`
`(cid:160)
`
`Filing Date: Jul 12, 2010
`
`Status Date: Sep 23, 2010
`
`Defendant
`
`Name: Roaring Lion LLC
`
`Correspondent
`Address:
`
`VALERIE BALUKAS
`MORRISON & BALUKAS
`111 N LAST CHANCE GULCH STE 3B
`HELENA MT , 59601-4144
`UNITED STATES
`
`Correspondent e-
`mail:
`
`val@mbtaxlaw.com
`
`Associated marks
`
`Mark
`
`Application Status
`
`Abandoned - After Inter-Partes Decision
`
`Plaintiff(s)
`
`Serial
`Number
`
`77804259
`
`Registration
`Number
`
`Name: Kansas State University
`
`Correspondent
`Address:
`
`ALICIA GRAHN JONES
`KILPATRICK STOCKTON LLP
`1100 PEACHTREE STREET , SUITE 2800
`ATLANTA GA , 30309
`UNITED STATES
`
`Correspondent e-
`mail:
`
`tmadmin@kilpatrickstockton.com , aljones@kilpatrickstockton.com , hhenderson@kilpatrickstockton.com ,
`brook@kilpatrickstockton.com
`
`Associated marks
`
`Mark
`
`CATBACKERS
`
`Application Status
`
`Serial Number
`
`Renewed
`
`Renewed
`
`Renewed
`
`Prosecution History
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`Entry Number
`
`History Text
`
`FILED AND FEE
`
`NOTICE AND TRIAL DATES SENT; ANSWER DUE:
`
`PENDING, INSTITUTED
`
`NOTICE OF DEFAULT
`
`WITHDRAWAL OF APPLICATION
`
`BOARD'S DECISION: SUSTAINED
`
`TERMINATED
`
`Type of Proceeding: Opposition
`
`Registration
`Number
`
`1918080
`
`1676180
`
`2726628
`
`Due Date
`
`Aug 21, 2010
`
`74571897
`
`74151591
`
`76360711
`
`Date
`
`Jul 12, 2010
`
`Jul 12, 2010
`
`Jul 12, 2010
`
`Sep 10, 2010
`
`Sep 13, 2010
`
`Sep 23, 2010
`
`Sep 23, 2010
`
`

`
`Proceeding
`Number:
`
`91195624
`
`Status: Terminated
`
`Interlocutory
`Attorney:
`
`ANN LINNEHAN VOGLER
`
`Filing Date: Jul 12, 2010
`
`Status Date: Sep 22, 2010
`
`Defendant
`
`Name: Roaring Lion LLC
`
`Correspondent
`Address:
`
`VALERIE BALUKAS
`MORRISON & BALUKAS LAW FIRM
`111 N LAST CHANCE GULCH STE 3B
`HELENA MT , 59601-4144
`UNITED STATES
`
`Correspondent e-
`mail:
`
`val@mbtaxlaw.com
`
`Associated marks
`
`Mark
`
`Application Status
`
`Abandoned - After Inter-Partes Decision
`
`Plaintiff(s)
`
`Serial
`Number
`
`77804239
`
`Registration
`Number
`
`Name: Kansas State University
`
`Correspondent
`Address:
`
`ALICIA GRAHN JONES
`KILPATRICK STOCKTON LLP
`1100 PEACHTREE STREET , SUITE 2800
`ATLANTA GA , 30309
`UNITED STATES
`
`Correspondent e-
`mail:
`
`tmadmin@kilpatrickstockton.com , aljones@kilpatrickstockton.com , hhenderson@kilpatrickstockton.com ,
`brook@kilpatrickstockton.com
`
`Associated marks
`
`Mark
`
`CATBACKERS
`
`Application Status
`
`Serial Number
`
`Renewed
`
`Renewed
`
`Renewed
`
`Prosecution History
`
`Entry Number
`
`History Text
`
`FILED AND FEE
`
`NOTICE AND TRIAL DATES SENT; ANSWER DUE:
`
`PENDING, INSTITUTED
`
`NOTICE OF DEFAULT
`
`WITHDRAWAL OF APPLICATION
`
`BOARD'S DECISION: SUSTAINED
`
`TERMINATED
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`Proceeding
`Number:
`
`91187927
`
`Status: Terminated
`
`Interlocutory
`Attorney:
`
`JENNIFER KRISP
`
`Type of Proceeding: Opposition
`
`Filing Date: Dec 08, 2008
`
`Status Date: Apr 10, 2015
`
`Defendant
`
`Name: Super Bakery, Incorporated
`
`Correspondent
`Address:
`
`Correspondent e-
`mail:
`
`Associated marks
`
`DAVID G OBERDICK
`MEYER UNKOVIC & SCOTT LLP
`535 SMITHFIELD STREET , SUITE 1300
`PITTSBURGH PA , 15222
`UNITED STATES
`
`dgo@muslaw.com , tma@muslaw.com
`
`74571897
`
`74151591
`
`76360711
`
`Date
`
`Jul 12, 2010
`
`Jul 12, 2010
`
`Jul 12, 2010
`
`Sep 09, 2010
`
`Sep 13, 2010
`
`Sep 22, 2010
`
`Sep 22, 2010
`
`Registration
`Number
`
`1918080
`
`1676180
`
`2726628
`
`Due Date
`
`Aug 21, 2010
`
`Registration
`
`

`
`Mark
`
`CATADE
`
`Application Status
`
`Serial Number
`
`Number
`
`Registered
`
`77382985
`
`4786012
`
`Plaintiff(s)
`
`Name: Kansas State University
`
`Correspondent
`Address:
`
`NICHOLE DAVIS CHOLLET
`KILPATRICK STOCKTON LLP
`1100 PEACHTREE STREET SUITE 2800
`ATLANTA GA , 30309
`UNITED STATES
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`CATBACKERS
`
`Renewed
`
`Renewed
`
`Renewed
`
`Prosecution History
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`Entry Number
`
`History Text
`
`FILED AND FEE
`
`NOTICE AND TRIAL DATES SENT; ANSWER DUE:
`
`PENDING, INSTITUTED
`
`ANSWER
`
`DECL. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT PT. 1 OF 2
`
`DECL. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT PT. 2 OF 2
`
`DECL. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
`
`DECL. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
`
`EXHIBITS FOR PLAINTIFF
`
`P'S MOTION FOR SUMMARY JUDGMENT
`
`EXHIBITS FOR PLAINTIFF
`
`P'S MOTION FOR SUMMARY JUDGMENT
`
`D'S MOTION FOR AN EXTENSION OF TIME
`
`tmadmin@kilpatrickstockton.com , aljones@kilpatrickstockton.com , lkemp@kilpatrickstockton.com
`
`Application Status
`
`Serial Number
`
`Registration
`Number
`
`2726628
`
`1918080
`
`1676180
`
`Due Date
`
`Jan 17, 2009
`
`76360711
`
`74571897
`
`74151591
`
`Date
`
`Dec 08, 2008
`
`Dec 08, 2008
`
`Dec 08, 2008
`
`Jan 21, 2009
`
`Oct 09, 2009
`
`Oct 09, 2009
`
`Oct 13, 2009
`
`Oct 13, 2009
`
`Oct 13, 2009
`
`Oct 13, 2009
`
`Oct 13, 2009
`
`Oct 13, 2009
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`29
`
`30
`
`31
`
`32
`
`33
`
`34
`
`35
`
`36
`
`D'S OPPOSITION/RESPONSE TO MOTION
`
`DECL IN SUPPORT OF D'S OPP TO P'S SUM JUDGMENT PT 1 OF 2
`
`DECL IN SUPPORT OF D'S OPP TO P'S SUM JUDGMENT PT 2 OF 2
`
`SUSPENDED PENDING DISP OF OUTSTNDNG MOT
`
`Other Motions/Papers
`
`P'S REPLY IN SUPPORT OF MOTION
`
`P'S MOT TO SUSP PEND SETLMT NEGOTIATIONS
`
`SUSPENDED
`
`CHANGE OF CORRESPONDENCE ADDRESS
`
`RESPONSE DUE APRIL 2, 2010
`
`SUSPENDED
`
`Confidential Plaintiff's Summary Judgment
`
`P'S MOTION FOR SUMMARY JUDGMENT
`
`D'S OPPOSITION/RESPONSE TO MOTION
`
`P'S REPLY IN SUPPORT OF MOTION
`
`Other Motions/Papers
`
`OPPOSERS' MOTION FOR LEAVE TO FILE SUPPLEMENTAL DECLARATION IN
`SUPPORT OF SJ
`
`PL'S MOT. FOR SUMM. JUDGMENT DENIED
`
`P'S MOTION TO SUSPEND
`
`SUSPENDED
`
`PROCEEDINGS RESUMED
`
`MOT TO AMEND APPLICATION
`
`BD DECISION: DISMISSED W/O PREJ
`
`Nov 11, 2009
`
`Nov 17, 2009
`
`Nov 17, 2009
`
`Nov 17, 2009
`
`Nov 18, 2009
`
`Dec 07, 2009
`
`Dec 07, 2009
`
`Dec 11, 2009
`
`Dec 16, 2009
`
`Feb 01, 2010
`
`Mar 29, 2010
`
`Apr 09, 2010
`
`Apr 16, 2010
`
`Apr 16, 2010
`
`Apr 30, 2010
`
`May 20, 2010
`
`May 20, 2010
`
`Jun 09, 2010
`
`Jun 14, 2010
`
`Jul 29, 2010
`
`Sep 13, 2010
`
`Feb 04, 2015
`
`Feb 18, 2015
`
`Apr 10, 2015
`
`

`
`EXHIBIT 2
`EXHIBIT 2
`
`

`
`Generated on: This page was generated by TSDR on 2016-08-03 11:15:10 EDT
`
`Mark: CATBACKERS
`
`US Serial Number: 76360711
`
`US Registration
`Number:
`
`2726628
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`Status: The registration has been renewed.
`
`Status Date: Jun. 26, 2013
`
`Publication Date: Mar. 25, 2003
`
`(cid:160)
`
`Mark Literal
`Elements:
`
`CATBACKERS
`
`Standard Character
`Claim:
`
`No
`
`Application Filing
`Date:
`
`Jan. 17, 2002
`
`Registration Date: Jun. 17, 2003
`
`Mark Information
`
`Mark Drawing
`Type:
`
`1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
`
`Goods and Services
`
`Note: The following symbols indicate that the(cid:160)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.
`
`For: clothing, namely, caps, hats, t-shirts, sweatshirts, sweatpants, collared shirts
`
`International
`Class(es):
`
`025 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Oct. 1980
`
`U.S Class(es): 022, 039
`
`Use in Commerce: Oct. 1980
`
`For: association services, namely, alumni association for promoting the interests of a university's athletic and academic programs
`
`International
`Class(es):
`
`035 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Oct. 1980
`
`U.S Class(es): 100, 101, 102
`
`Use in Commerce: Oct. 1980
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended 44D: No
`
`Amended 44E: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`

`
`Owner Name: Kansas State University
`
`Owner Address: 122 Anderson Hall
`Manhattan, KANSAS 66506
`UNITED STATES
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`KANSAS
`
`Attorney/Correspondence Information
`
`Attorney Name: Michael R. Van Wieren
`
`Docket Number: K-State Catb
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`michael@lrgusa.com
`
`Correspondent
`Name/Address:
`
`Michael R. Van Wieren
`442 Century Lane
`Suite 100
`Holland, MICHIGAN 49423
`UNITED STATES
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Phone: 616-395-0676
`
`Fax: 616-395-2517
`
`Correspondent e-
`mail:
`
`michael@lrgusa.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`Date
`
`Description
`
`Jun. 26, 2013
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`Jun. 26, 2013
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`Jun. 26, 2013
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Jun. 26, 2013
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Jun. 14, 2013
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Apr. 13, 2009
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Apr. 03, 2009
`
`ASSIGNED TO PARALEGAL
`
`Apr. 01, 2009
`
`TEAS SECTION 8 & 15 RECEIVED
`
`Jul. 03, 2008
`
`CASE FILE IN TICRS
`
`Jun. 17, 2003
`
`REGISTERED-PRINCIPAL REGISTER
`
`Mar. 25, 2003
`
`PUBLISHED FOR OPPOSITION
`
`Mar. 05, 2003
`
`NOTICE OF PUBLICATION
`
`Feb. 04, 2003
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Feb. 03, 2003
`
`EXAMINERS AMENDMENT MAILED
`
`Jan. 31, 2003
`
`PREVIOUS ALLOWANCE COUNT WITHDRAWN
`
`Nov. 18, 2002
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Oct. 25, 2002
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Oct. 25, 2002
`
`PAPER RECEIVED
`
`May 07, 2002
`
`NON-FINAL ACTION MAILED
`
`Apr. 25, 2002
`
`ASSIGNED TO EXAMINER
`
`Maintenance Filings or Post Registration Information
`
`Affidavit of
`Continued Use:
`
`Affidavit of
`Incontestability:
`
`Section 8 - Accepted
`
`Section 15 - Accepted
`
`Renewal Date: Jun. 17, 2013
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`Proceeding
`Number
`
`73376
`
`73376
`
`73376
`
`64591
`
`64591
`
`74887
`
`

`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Jun. 26, 2013
`
`File Location
`
`Proceedings
`
`Summary
`
`Number of
`Proceedings:
`
`3
`
`Proceeding
`Number:
`
`91195623
`
`Status: Terminated
`
`Interlocutory
`Attorney:
`
`ANN LINNEHAN VOGLER
`
`Type of Proceeding: Opposition
`
`(cid:160)
`
`Filing Date: Jul 12, 2010
`
`Status Date: Sep 23, 2010
`
`Defendant
`
`Name: Roaring Lion LLC
`
`Correspondent
`Address:
`
`VALERIE BALUKAS
`MORRISON & BALUKAS
`111 N LAST CHANCE GULCH STE 3B
`HELENA MT , 59601-4144
`UNITED STATES
`
`Correspondent e-
`mail:
`
`val@mbtaxlaw.com
`
`Associated marks
`
`Mark
`
`Application Status
`
`Abandoned - After Inter-Partes Decision
`
`Plaintiff(s)
`
`Serial
`Number
`
`77804259
`
`Registration
`Number
`
`Name: Kansas State University
`
`Correspondent
`Address:
`
`ALICIA GRAHN JONES
`KILPATRICK STOCKTON LLP
`1100 PEACHTREE STREET , SUITE 2800
`ATLANTA GA , 30309
`UNITED STATES
`
`Correspondent e-
`mail:
`
`tmadmin@kilpatrickstockton.com , aljones@kilpatrickstockton.com , hhenderson@kilpatrickstockton.com ,
`brook@kilpatrickstockton.com
`
`Associated marks
`
`Mark
`
`CATBACKERS
`
`Application Status
`
`Serial Number
`
`Renewed
`