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