Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA800280
`02/08/2017
`
`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
`
`GENERAL MOTORS LLC
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`02/08/2017
`
`300 Renaissance Center
`Detroit, MI 482653000
`UNITED STATES
`
`JULIANNE ABELMAN and ERICA HALSTEAD
`ABELMAN, FRAYNE & SCHWAB
`666 THIRD AVENUE
`NEW YORK, NY 10022
`UNITED STATES
`jabelman@lawabel.com, ehalstead@lawabel.com Phone:2129499022
`
`Applicant Information
`
`Application No
`
`87031314
`
`Publication date
`
`10/11/2016
`
`Opposition Filing
`Date
`
`Applicant
`
`02/08/2017
`
`Opposition Peri-
`od Ends
`
`02/08/2017
`
`National Electronics, Inc.
`2500 E Hallandale Beach Blvd. -Suite 608
`Hallandale Beach, FL 33009
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 028. First Use: 2013/06/01 First Use In Commerce: 2013/06/01
`All goods and services in the class are opposed, namely: Remote control toys, namely, cars, boats,
`helicopters, drones, quadcopters, hexacopters, airplanes, robots, surfboards,and animals; action fig-
`ure toys; bath toys
`
`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.
`
`5082334
`
`Registration Date
`
`11/15/2016
`
`Word Mark
`
`RIVIERA
`
`Application Date
`
`05/18/2016
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA800280
`02/08/2017
`
`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
`
`GENERAL MOTORS LLC
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`02/08/2017
`
`300 Renaissance Center
`Detroit, MI 482653000
`UNITED STATES
`
`JULIANNE ABELMAN and ERICA HALSTEAD
`ABELMAN, FRAYNE & SCHWAB
`666 THIRD AVENUE
`NEW YORK, NY 10022
`UNITED STATES
`jabelman@lawabel.com, ehalstead@lawabel.com Phone:2129499022
`
`Applicant Information
`
`Application No
`
`87031314
`
`Publication date
`
`10/11/2016
`
`Opposition Filing
`Date
`
`Applicant
`
`02/08/2017
`
`Opposition Peri-
`od Ends
`
`02/08/2017
`
`National Electronics, Inc.
`2500 E Hallandale Beach Blvd. -Suite 608
`Hallandale Beach, FL 33009
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 028. First Use: 2013/06/01 First Use In Commerce: 2013/06/01
`All goods and services in the class are opposed, namely: Remote control toys, namely, cars, boats,
`helicopters, drones, quadcopters, hexacopters, airplanes, robots, surfboards,and animals; action fig-
`ure toys; bath toys
`
`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.
`
`5082334
`
`Registration Date
`
`11/15/2016
`
`Word Mark
`
`RIVIERA
`
`Application Date
`
`05/18/2016
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 012. First use: First Use: 2009/05/31 First Use In Commerce: 2009/05/31
`Badges for vehicles
`
`U.S. Application/ Registra-
`tion No.
`
`NONE
`
`Application Date
`
`NONE
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`Related Proceed-
`ings
`
`Attachments
`
`NONE
`
`RIVIERA
`
`AUTOMOBILES, TOY CARS
`
`Opposition to Ser. No. 87/031335
`
`87041668#TMSN.png( bytes )
`RIVIERA and DESIGN GM NOTICE OF OPPOSITION.pdf(124714 bytes )
`
`Signature
`
`/erh/
`
`Name
`
`Date
`
`Erica Halstead, Assoc of Atty of Record
`
`02/08/2017
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In re: Ser. No. 87/031314
`Mark: RIVIERA & Design
`
`
`GENERAL MOTORS, LLC
`
`Opposition No.
`
`Opposer,
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`NATIONAL ELECTRONICS, INC.,
`
`
`
`
`
`Applicant
`
`
`
`NOTICE OF OPPOSITION
`
`General Motors, LLC (“Opposer”), a corporation of Delaware with a business address at
`
`
`
`
`
`
`
`300 Renaissance Center, Detroit, MI 48265, USA, believes that it will be damaged by
`
`registration of the above identified trademark and hereby opposes the same.
`
`
`
`As grounds for opposition it is alleged that:
`
`1.
`
`On May 10, 2016, National Electronics, Inc. (“Applicant”), a corporation of Florida
`
`having a business address at 2500 E. Hallandale Beach Blvd., Suite 608, Hallandale
`
`Beach, FL 33009, USA, filed an application seeking registration of the mark
`
`covering “remote control toys, namely, cars, boats,
`
`helicopters, drones, quadcopters, hexacopters, airplanes, robots, surfboards, and
`
`animals; action figure toys; bath toys” in Class 28 based on use in commerce since
`
`June 1, 2013 (“Applicant’s Mark”). This application was assigned Serial No.
`
`87/031314.
`
`2.
`
`Opposer owns Reg. No. 5,082,334 for the mark RIVIERA covering “badges for
`
`vehicles” in Class 12. This registration claims a date of first use since at least as
`
`early 2009.
`
`
`
`3.
`
`Opposer claims common law rights to the mark RIVIERA for “automobiles” based
`
`4.
`
`5.
`
`on continuous use in commerce since at least as early as 1963.
`
`Opposer, by and through its licensees, claims common law rights to the mark
`
`RIVIERA for “toy cars” based on use in commerce since well prior to Applicant’s
`
`claimed date of first use of Applicant’s Mark.
`
`(The marks referred to in Paras. 2-4 shall hereinafter be referred to as “Opposer’s
`
`Marks”).
`
`By virtue of the distribution, sale, advertising and promotion of goods bearing
`
`Opposer’s Marks since at least 1963, such Marks have become widely recognized
`
`by the purchasing public as identifying goods produced exclusively by Opposer.
`
`6.
`
`The dominant portion of Applicant’s Mark, namely the word RIVIERA, is
`
`identical to Opposer’s Marks in sight and sound.
`
`7.
`
`Applicant’s Mark evokes a substantially similar commercial impression to
`
`Opposer’s Marks.
`
`8.
`
`9.
`
`Applicant’s Mark is confusingly similar to Opposer’s Marks.
`
`Applicant’s Mark covers “remote control toys, namely cars” which are identical
`
`to and/or commercially related
`
`to Opposer’s goods, namely “toy cars,
`
`automobiles, and badges for vehicles,” thus source confusion is likely.
`
`10.
`
`Opposer’s goods and Applicant’s goods are likely to be marketed through the
`
`same channels of trade, thus source confusion is likely.
`
`11.
`
`Opposer’s goods and Applicant’s goods are likely to be marketed and directed to
`
`the same classes of prospective purchasers, thus source confusion is likely.
`
`12.
`
`Applicant’s use of the term RIVIERA in connection with “remote control toys,
`
`namely cars” is an attempt by Applicant to associate itself with Opposer and
`
`Opposer’s well known RIVIERA brand of automobiles.
`
`
`
`2
`
`
`
`13.
`
`The first commercial use of Opposer’s Marks predate both the filing date of
`
`Applicant’s Mark as well as Applicant’s claimed date of first use in commerce,
`
`thus Opposer is the senior user.
`
`14.
`
`Applicant’s Mark is confusingly similar to Opposer’s Marks in sight, sound and
`
`overall commercial impression. Additionally, Applicant’s trade channels and end
`
`consumers overlap with those of Opposer. Accordingly, use and registration of
`
`Applicant’s Mark is likely to deceive and to cause mistake or confusion among
`
`members of the public as to the source of Applicant’s goods within the meaning
`
`of 15 U.S.C. §1052(d).
`
`
`
`WHEREFORE, Opposer believes that it has a real interest in this proceeding and will be
`
`irreparably damaged by the registration of the Applicant's Mark, and respectfully requests that the
`
`Board sustain this Opposition and refuse registration of same.
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`Respectfully submitted,
`
`s/Erica Halstead /
`JULIANNE ABELMAN
`ERICA R. HALSTEAD
`
`ABELMAN, FRAYNE & SCHWAB
`666 Third Avenue
`New York, New York 10017
`(212) 949-9022
`Attorneys for Opposer
`GENERAL MOTORS, LLC.
`
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`Dated: February 8, 2017
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`3
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