Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
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`ESTTA847108
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`09/20/2017
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91235530
`Defendant
`Ora Inc.
`JOHN L DUPRÃ#
`HAMILTON BROOK SMITH & REYNOLDS PC
`530 VIRGINIA ROAD, P.O. BOX 9133
`CONCORD, MA 01743-9133
`UNITED STATES
`Email: John.DuPre@hbsr.com, Patrick.Quinlan@hbsr.com
`Answer
`Patrick A. Quinlan
`Patrick.Quinlan@hbsr.com, John.DuPre@hbsr.com, Christoph-
`er.Jensen@hbsr.com, trademarks@hbsr.com
`/Patrick A. Quinlan/
`09/20/2017
`Answer to Notice of Opposition.pdf(140824 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's email
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`Signature
`Date
`Attachments
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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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`Opposer,
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`APPLE INC.,
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`v.
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`ORA INC.,
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`Applicant.
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`Opposition No.: 91235530
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION
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`Applicant, Ora Inc., by its undersigned attorneys, hereby submits its Answer to the
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`Notice of Opposition.
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`1.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in paragraph 1 of the Notice of Opposition and therefore denies the same.
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`2.
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`3.
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`Applicant admits the allegations in paragraph 2 of the Notice of Opposition.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in paragraph 3 of the Notice of Opposition and therefore denies the same.
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`4.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in paragraph 4 of the Notice of Opposition and therefore denies the same.
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`5.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in paragraph 5 of the Notice of Opposition and therefore denies the same.
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`6.
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`Exhibit 1 to the Notice of Opposition speaks for itself. Applicant is without
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`in paragraph 6 of the Notice of Opposition and therefore denies the same.
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`2658262.v1
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`7.
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`Exhibit 2 to the Notice of Opposition speaks for itself. Applicant is without
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`in paragraph 7 of the Notice of Opposition and therefore denies the same.
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`8.
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`Exhibit 3 to the Notice of Opposition speaks for itself. Applicant is without
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`in paragraph 8 of the Notice of Opposition and therefore denies the same.
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`9.
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`Exhibit 4 to the Notice of Opposition speaks for itself. Applicant is without
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`in paragraph 9 of the Notice of Opposition and therefore denies the same.
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`10.
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`Exhibit 5 to the Notice of Opposition speaks for itself. Applicant is without
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`in paragraph 10 of the Notice of Opposition and therefore denies the same.
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`11.
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`The trademark registrations listed in paragraph 11 of the Notice of Opposition and
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`included in Exhibit 6 to the Notice of Opposition speak for themselves. Applicant is without
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`in paragraph 11 of the Notice of Opposition and therefore denies the same.
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`12.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in paragraph 12 of the Notice of Opposition and therefore denies the
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`same.
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`13.
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`Applicant admits that Application Serial No. 87/232,969 was filed on November
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`10, 2016, for the design of an orange, and application Serial No. 87/232,969 speaks for itself.
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`14.
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`Applicant admits the allegations in paragraph 14 of the Notice of Opposition.
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`Page 2
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`15.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in paragraph 15 of the Notice of Opposition and therefore denies the
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`same.
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`16.
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`Applicant denies the allegations in paragraph 16 of the Notice of Opposition.
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`17.
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`Applicant admits that the portions of Applicant’s Goods and Services listed in
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`paragraph 17 of the Notice of Opposition appear to be accurate, but Applicant is otherwise
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`without knowledge or information sufficient to form a belief as to the truth of the remaining
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`allegations in paragraph 17 of the Notice of Opposition and therefore denies the same.
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`18.
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`Applicant denies the allegations in paragraph 18 of the Notice of Opposition.
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`19.
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`Applicant denies the allegations in paragraph 19 of the Notice of Opposition.
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`20.
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`Applicant denies the allegations in paragraph 20 of the Notice of Opposition.
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`21.
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`Applicant denies the allegations in paragraph 21 of the Notice of Opposition.
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`22.
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`Applicant denies the allegations in paragraph 22 of the Notice of Opposition.
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`23.
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`Applicant admits the allegations in paragraph 23 of the Notice of Opposition that
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`if Applicant is granted the registration herein opposed, it would thereby obtain a prima facie
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`exclusive right to use Applicant’s Mark in connection with Applicant’s Goods and Services, but
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`Applicant denies that such registration would be a source of damage and injury to Apple.
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`WHEREFORE, Applicant requests that the Opposition be dismissed.
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`2658262.v1
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`Page 3
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`Dated: September 20, 2017
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`Respectfully submitted,
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`/Patrick A. Quinlan/
`John L. DuPré
`Patrick A. Quinlan
`HAMILTON, BROOK, SMITH & REYNOLDS, P.C.
`530 Virginia Road
`P.O. Box 9133
`Concord, Massachusetts 01743-9133
`Telephone: (978) 341-0036
`Facsimile: (978) 341-0136
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`Attorneys for Applicant
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`Certificate of Service
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`The undersigned hereby certifies that a true and correct copy of the foregoing
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION was served upon attorneys for
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`Opposer on September 20, 2017 by email to:
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`jpetersen@ktslaw.com
`agarcia@ktslaw.com
`tmadmin@ktslaw.com
`aroach@kilpatricktownsend.com
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`/Patrick A. Quinlan/
`Patrick A. Quinlan
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