Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA763537
`08/10/2016
`
`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
`
`University of New Hampshire
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`08/10/2016
`
`21 Madbury RoadSuite 101
`Durham, NH 03842
`UNITED STATES
`
`Matthew Saunders
`Saunders & Silverstein LLP
`14 Cedar Street, Suite 224
`Amesbury, MA 01913
`UNITED STATES
`trademarks@massiplaw.com, msaunders@massiplaw.com
`
`Applicant Information
`
`Application No
`
`86830732
`
`Publication date
`
`04/12/2016
`
`Opposition Filing
`Date
`
`Applicant
`
`08/10/2016
`
`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
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`5017327
`
`Registration Date
`
`08/09/2016
`
`Word Mark
`
`UNH WILDCATS
`
`Application Date
`
`12/28/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a wildcat head on top of the wording "UNH WILDCATS".
`
`Class 025. First use: First Use: 2000/07/01 First Use In Commerce: 2000/07/01
`Clothing, namely, sweatshirts, long sleeve and short sleeve t-shirts, polo jer-
`seys, uniforms, hats, caps and visors, jackets, vests, windshirts and infant jump-
`ers
`Class 041. First use: First Use: 2000/07/01 First Use In Commerce: 2000/07/01
`Education and entertainment services, namely, providing courses of instruction
`at the university level; arranging and conducting athletic events and tourna-
`ments, exhibitions, conferences, live performances and festivals
`
`U.S. Registration
`No.
`
`5017326
`
`Registration Date
`
`08/09/2016
`
`Word Mark
`
`Design Mark
`
`UNH WILDCATS
`
`Application Date
`
`12/28/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1954/12/31 First Use In Commerce: 1954/12/31
`Clothing, namely, sweatshirts, long sleeve and short sleeve t-shirts, polo jer-
`seys, uniforms, hats, caps and visors, jackets, vests, windshirts and infant jump-
`ers
`Class 041. First use: First Use: 1954/12/31 First Use In Commerce: 1954/12/31
`Education and entertainment services, namely, providing courses of instruction
`
`

`

`at the university level; arranging and conducting athletic events and tourna-
`ments, exhibitions, conferences, live performances and festivals
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`Application Date
`
`NONE
`
`NONE
`
`NONE
`
`'CAT NATION
`
`Downloadable mobile applications for sporting event ticket procure-
`ment, loyalty reward program management and event promotion
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`WILDCAT COUNTRY
`
`Education and entertainment services, namely, providing courses of
`instruction at the university level; arranging and conducting athletic
`events and tournaments, exhibitions, conferences, live performances
`and festivals; Clothing, namely, sweatshirts, long sleeve and short
`sleeve t-shirts; Banners, pennants
`
`Related Proceed-
`ings
`
`91226288
`
`Attachments
`
`86858278#TMSN.png( bytes )
`86858277#TMSN.png( bytes )
`20160810 UNH v Vrana WILDCAT NATION - final.pdf(604902 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
`
`/Rebecca S. Lessard/
`
`Name
`
`Date
`
`Rebecca Lessard
`
`08/10/2016
`
`

`

`CERTIFICATE OF TRANSMISSION
`
` I
`
` hereby certify that this correspondence is
`being submitted electronically via ESTTA on
`date shown below to the United States Patent
`and Trademark Office.
`
`
`/s/ Matthew Saunders
`Matthew Saunders
`
`Date: August 10, 2016
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`UNIVERSITY OF NEW
`HAMPSHIRE,
`
`
`Opposer,
`
` v.
`
`JOHN VRANA,
`
`
`Applicant.
`
`Opposition No. _____________
`
`Mark: WILDCAT NATION
`
`Serial No. 86830732
`
`Filing Date: November 24, 2015
`
`
`
`NOTICE OF OPPOSITION
`
`Opposer University of New Hampshire (“the University” or “Opposer”), a state
`
`university located in Durham, New Hampshire, believes that it will be damaged by the
`
`issuance of a registration to applicant Mr. John Vrana (“Applicant”) of the mark WILDCAT
`
`NATION that is the subject of intent-to-use Application Serial No. 86830732 (the
`
`“Application”). As grounds for its opposition, the University alleges the following, upon
`
`actual knowledge with respect to itself and its own acts, and upon information and belief as
`
`to other matters:
`
`The University, Its Products and Services, and Its Trademarks
`
`1.
`
`The University of New Hampshire was founded in 1866, and is the State of
`
`New Hampshire’s flagship university with campuses in Durham, Manchester, and Concord.
`
`The University enrolls approximately 15,000 students from throughout the United States.
`
`
`
`1
`
`

`

`The University’s athletics programs are nationally known for their success, and for the
`
`athletes and coaches who have gone on to have careers in professional sports leagues.
`
`2.
`
`In 1926, the University adopted and began using the nickname “Wildcats.”
`
`Since that time, the University has continuously and extensively used thoughout the United
`
`States its WILDCATS mark and variations thereof, including, but not limited to, UNH
`
`WILDCATS and WILDCAT,
`
`in connection with
`
`its educational, athletics, and
`
`entertainment services, and its related websites, student organizations, merchandise, apparel,
`
`and many other products and services.
`
`3.
`
`The University’s athletic teams are known as the UNH WILDCATS and the
`
`WILDCATS. The University’s teams and, in turn, its UNH WILDCATS and WILDCATS
`
`marks, are regularly and widely featured on television broadcasts and in online and print
`
`publications. The University’s athletics department website is located at UNHWildcats.com.
`
`The University sells apparel featuring the UNH WILDCATS and WILDCATS marks at its
`
`website located at Shop.UNHWildcats.com and through third party vendors including
`
`Fanatics and ’47 Brand, as shown:
`
`
`
`4.
`
`The University regularly licenses its UNH WILDCATS and WILDCATS
`
`trademarks to third parties for use in connection with a wide variety of products, including
`
`apparel products such as polo shirts, t-shirts, sweatshirts, sweatpants, hats, and jackets.
`
`
`
`2
`
`

`

`5.
`
`Since at least as early as January 2016, the University has used the trademark
`
`‘CAT NATION1 in connection with a mobile application that allows WILDCATS fans to
`
`stay current on WILDCATS athletics news, purchase tickets to athletics events, and
`
`otherwise support and follow the University’s athletics programs. The ‘CAT NATION app
`
`is available for download via the Apple App Store and Google Play Store.
`
`6.
`
`Since at least as early as 2009, the University has used the trademark
`
`WILDCAT COUNTRY2 in connection with its educational and athletics services. By way of
`
`
`
`
`1 ‘CAT is shorthand for WILDCAT. The University regularly uses ‘CAT and ‘CATS throughout its athletics
`advertising, promotion, and other media to refer to its WILDCATS athletic teams. See, e.g., the University’s
`‘CAT PACK Headquarters website, available at http://unhwildcats.com/sports/2015/6/24/Cat%20Pack.aspx.
`2 The noun “country” is synonymous with the noun “nation.” See Country Synonyms, THESAURUS.COM,
`http://www.thesaurus.com/browse/country?s=t (last visited Aug. 9, 2016).
`
`
`
`3
`
`

`

`example, the University’s Cowell Stadium, where the University’s football team plays,
`
`features a promiment sign at its entrance reading “Welcome To Wildcat Country”, as shown:
`
`
`
`7.
`
`Since 2011 the University’s athletics department has produced a monthly
`
`television show titled “Inside Wildcat Country” which is broadcast to over two million
`
`households in the region. The athletics department also produces a regular internet radio
`
`program titled “Wildcat Country Insider”.
`
`8.
`
`The University sells products featuring the WILDCAT COUNTRY mark
`
`and promoting the University and its athletics programs, as shown:
`
`9.
`
`The University’s trademarks as described in paragraphs 2 through 8 are
`
`collectively referred to as the “University Marks.”
`
`
`
`
`
`4
`
`

`

`10.
`
`Through its extensive and longstanding use and promotion of the University
`
`Marks, the University has built a strong reputation for the high quality goods and services it
`
`offers under the University Marks. The University Marks have attained a high degree of
`
`recognition and distinctiveness throughout the United States in connection with the
`
`University’s educational and entertainment services, athletic teams and events, and other
`
`goods and services commonly associated with an educational institution of the University’s
`
`size and caliber. Purchasers and prospective purchasers, as well as other members of the
`
`public, are familiar with and identify the University Marks with the University and
`
`understand that the wide variety of goods and services offered under the University’s Marks
`
`are affiliated with, sponsored by, or licensed by the University.
`
`Applicant and His Application
`
`11.
`
`John Vrana is an individual with an address of 603 Fellowship Rd., Mount
`
`Laurel, New Jersey 08054.
`
`12.
`
`On November 24, 2015, Applicant filed the Application. The Application
`
`was filed on an intent-to-use basis, and identifies “Polo shirts; Shorts; Sweatpants;
`
`Sweatshirts; T-shirts” in International Class 25. The Application was assigned Serial No.
`
`86830732.
`
`13.
`
`The Application was published for opposition on April 12, 2016. Opposer
`
`requested and was granted an extension of time through August 10, 2016, to oppose the
`
`Application.
`
`Count One
`Likelihood of Confusion, 15 U.S.C. § 1052(d)
`
`14.
`
`The University repeats and realleges each and every allegation set forth in
`
`Paragraphs 1 through 13.
`
`
`
`5
`
`

`

`15.
`
`The University has used in commerce and/or applied to register its
`
`University Marks long prior to Applicant’s November 24, 2015, filing date.
`
`16.
`
`The applied-for WILDCAT NATION mark sought to be registered by
`
`Applicant so closely resembles Opposer’s University Marks as to be likely to cause
`
`confusion, deception, and mistake as to the source of Applicant’s goods. Purchasers and
`
`prospective purchasers are likely to believe that Applicant’s goods emanate from, or are
`
`licensed or approved by, Opposer, when that is not the case. Such confusion would damage
`
`and injure Opposer.
`
`17.
`
`If Applicant is granted the registration herein opposed, it would thereby
`
`obtain a prima facie right to exclusive use of the WILDCAT NATION mark, which would be
`
`a further source of damage and injury to Opposer.
`
`WHEREFORE, Opposer believes that it will be damaged by registration of said
`
`mark, and prays that this Opposition be sustained, that Application Serial No. 86830732 be
`
`rejected, and that the mark applied for therein be refused registration.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: August 10, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`UNIVERSITY OF NEW HAMPSHIRE
`
`By its attorneys,
`
`/s/ Matthew Saunders
`Matthew Saunders
`Saunders & Silverstein LLP
`14 Cedar Street, Suite 224
`Amesbury, MA 01913-1831
`978.463.9100
`msaunders@massiplaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`6
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing Notice of Opposition, along
`with all exhibits thereto, has been served on Applicant’s correspondent of record by mailing
`said copy on August 10, 2016 via First Class Mail, postage pre-paid to:
`
`
`Matthew H. Swyers
`The Trademark Company
`344 Maple Ave. West, PMB 151
`Vienna, VA 22180
`
`
`
`
`
`
`
`
`
`
`
`/s/ Matthew Saunders
`Matthew Saunders
`
`
`
`
`
`7
`
`

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