Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA793089
`01/04/2017
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`ESTTA Tracking number:
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`Filing date:
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Notice of Opposition
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`Notice is hereby given that the following party opposes registration of the indicated application.
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`Opposer Information
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`Name
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`Granted to Date
`of previous ex-
`tension
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`Address
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`Attorney informa-
`tion
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`Amin Yunus
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`01/04/2017
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`F-106, Hub River Road, S.I.T.E.
`Karachi,
`PAKISTAN
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`Harold L. Novick
`Novick, Kim & Lee, PLLC
`3251 Old Lee Highway, Suite 404
`Fairfax, VA 22030
`UNITED STATES
`docket@nkllaw.com, hnovick@nkllaw.com, hnovick@novick.com,
`adai@nkllaw.com Phone:7037455495
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`Applicant Information
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`Application No
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`86962588
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`Publication date
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`09/06/2016
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`Opposition Filing
`Date
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`Applicant
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`01/04/2017
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`Opposition Peri-
`od Ends
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`01/04/2017
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`Harlem Tees LLC
`3480 Oakcliff Rd, Ste#E2
`Doraville, GA 30340
`UNITED STATES
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`Goods/Services Affected by Opposition
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`Class 003. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Incense; Incense sticks; Joss sticks
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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. Application
`No.
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`87047466
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`Application Date
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`05/23/2016
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`Registration Date
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`NONE
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`Word Mark
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`BLUNT WAVE
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`Foreign Priority
`Date
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`05/18/2016
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`
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`Design Mark
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`Description of
`Mark
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`Goods/Services
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`NONE
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`Class 003. First use: First Use: 2016/03/15 First Use In Commerce: 2016/03/15
`Incense sticks; Incense; Incense cones;Incense sachets; Incense spray; Per-
`fumed room spray; Essential oils; Refresher essential oils; Reed diffusers com-
`prisedof essential oils and also including reeds and a diffuser container; Fra-
`grancedaromatic oils; Fragranced aromatic oilsfor scenting candles
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`Attachments
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`87047466#TMSN.png( bytes )
`NOTICE OF OPPOSITION_01042017.pdf(129768 bytes )
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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.
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`Certificate of Service
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`Signature
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`Name
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`Date
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`/Harold L Novick/
`
`Harold L. Novick
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`01/04/2017
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No.:
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`Application No.: 86/962,588
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`Mark: BLUNT WAVE
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`AMIN YUNUS
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`Plaintiff/Opposer,
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`v.
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`HARLEM TEES LLC,
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`Defendant/Applicant.
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`Trademark Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`For online submission via ESTTA
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`NOTICE OF OPPOSITION
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`1. Opposer since prior to the filing date of Applicant’s Section 1B Application No.
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`86/962,588 (“Applicant’s Application”) on April 3, 2016, adopted and continuously used in
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`commerce the mark BLUNT WAVE in standard characters for incense sticks; incense; incense
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`cones; incense sachets; incense spray; perfumed room spray; essential oils; refresher essential
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`oils; reed diffusers comprised of essential oils and also including reeds and a diffuser container;
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`fragranced aromatic oils; fragranced aromatic oils for scenting candles in International Class 3
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`(“IC 3”).
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`2. Opposer filed a trademark application under Sections 1A and 44D, assigned Serial
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`Number 87/047,466, for its BLUNT WAVE mark for IC 3 goods in the U.S. Patent and
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`Trademark Office on May 23, 2016.
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`3. Opposer has enjoyed and continues to enjoy success of its IC 3 goods on which its
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`BLUNT WAVE mark is applied, which goods have been continuously offered in the United
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`States since the first date of use of Opposer’s mark.
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`4. By virtue of its provision of, and of its use of its goods, Opposer’s BLUNT
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`WAVE mark has become well and favorably known to the incense and essential oil industry and
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`to the public in general as an indication of origin of Opposer’s IC 3 goods.
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`5. By virtue of its use of its BLUNT WAVE mark, Opposer has built up extensive
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`good will and consumer recognition of its BLUNT WAVE mark.
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`6. Opposer opposes the granting of a registration for Applicant’s proposed mark.
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`7. Applicant’s proposed mark is identical to Opposer’s mark BLUNT WAVE.
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`8. Applicant’s proposed goods are incense; incense sticks; and joss sticks. The
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`incense and incense sticks are identical to those of Opposer’s goods, and both sets of goods are
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`in IC 3.
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`9. Because Applicant's proposed mark is identical to Opposer's BLUNT WAVE
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`mark, and because some of the goods are identical, confusion, mistake or deception of the public
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`and purchasers and users or prospective purchasers and users is not only likely, but inevitable.
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`10. Applicant’s proposed IC 3 goods are intended to be offered to the same class of
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`customers as Opposer’s IC 3 goods which are now being offered.
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`11. Applicant’s proposed IC 3 goods are intended to be offered in the same channels
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`of trade as Opposer’s IC 3 goods which are now being offered.
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`12. There is likelihood that when Applicant does use its proposed mark on its
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`proposed goods it will cause confusion, or cause mistake, or deceive.
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`13. If Applicant were to use its proposed mark on its intended goods, there is a
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`likelihood that consumers and users and prospective consumers and users of Opposer’s goods in
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`connection with Opposer’s BLUNT WAVE mark would believe that Opposer produced or
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`sponsored those goods or was in some way connected with Applicant.
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`14. Opposer, because its actual use in commerce is prior to Applicant’s filing date of
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`its intent-to-use application, has superior rights to the BLUNT WAVE mark.
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`15. Should Applicant obtain a registration for its mark, such registration would
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`damage the rights of Opposer because such registration would interfere with Opposer's rights in
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`Opposer’s BLUNT WAVE mark, and would provide Applicant with prima facie evidence of the
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`validity of its mark in conflict with the rights of Opposer in Opposer’s mark..
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`16. Registration of Applicant's proposed mark thus will damage and injure Opposer
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`within the meaning of the Trademark Act.
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`17. Applicant was previously one of Opposer’s distributors in the United States of
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`products including Opposer’s BLUNT WAVE products.
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`18. As such, based on information and belief, Applicant has applied for registration of
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`its proposed mark in bad faith and its declaration supporting Applicant’s Application is false and
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`fraudulent, because, based on information and belief, Applicant knew of Opposer’s prior rights
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`in the BLUNT WAVE mark when Applicant executed the declaration of Applicant’s
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`Application.
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`WHEREFORE, Opposer prays that this Opposition be sustained, that Applicant’s
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`proposed mark be denied registration, and that Applicant’s Application be rejected and stricken;
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`and further prays for such other and further relief as the Board deems appropriate.
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`Date: January 4, 2017
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`/Harold L Novick/
`Harold L. Novick
`Angela Y. Dai
`NOVICK, KIM & LEE, PLLC
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`3251 Old Lee Highway, Suite 404
`Fairfax, VA 22030
`Telephone: (703) 745-5495
`Facsimile: (703) 563-9748
`Email: docket@nkllaw.com
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`Attorneys for Plaintiff/Opposer
`AMIN YUNUS
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing NOTICE OF
`OPPOSITION is being served on Harlem Tees LLC on January 4, 2017 via USPS First Class
`Mail, postage prepaid, to the following address:
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`HARLEM TEES LLC
`3480 OAKCLIFF RD, STE #E2
`DORAVILLE, GEORGIA 30340
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`Signed: /Harold L Novick/
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` Harold L. Novick
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