Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA906654
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`Filing date:
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`06/29/2018
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91241327
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Defendant
`Good Hair Care LLC
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`GOOD HAIR CARE LLC
`14440 WEST SIDE BLVD #410
`LAUREL, MD 20707
`UNITED STATES
`Email: ninachanelliempire@gmail.com, goodhaircarellc@gmail.com
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`Answer
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`Nadia Miller
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`ninachanelliempire@gmail.com
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`/Nadia Miller/
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`06/29/2018
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`GhcGhdanswer.pdf(50223 bytes )
`GHC.GHD trademark oppositionpdf.pdf(81226 bytes )
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`

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` I hereby certify that a true and complete copy of the foregoing Answer for opposition
`#91241327, has been served on Jemella Group Limited, forwarding said copy on Monday June
`25, 2018, via mail to: Paul G. Juettner and Tanja Proehl Greer Burns & Crain, Ltd. 300 South
`Wacker Drive, Suite 2500 Chicago, IL 60606
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`6-24-2018
` Signature__________________________ Date_______________________________
`
`

`

`ESTTA Tracking number: ESTTA898498
`Application No: 87383483
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`June 5th, 2018
`(305) 609-0599
`GoodHairCareLLC@gmail.com
`Nadia Miller

`14440 West side Blvd 410

`Laurel, MD 20707
`
`RE: Denial of frivolous claims and affirmative statement of Good Hair Care LLC’s rights
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`Dear Paul G. Juettner and Tanja Proehl Greer Burns & Crain, Ltd.,
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`
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`This letter is in response to your letter sent 5/23/2018 on behalf of Jemella Group
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`Limited.
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`
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`Denial of Jemella Group Limited Claims:
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`Good Hair Care denies each allegation set forth in your 5/23/2018 letter, including:
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`‘Priority and likelihood of confusion Trademark Act Section 2(d) Dilution by blurring Trademark
`Act Sections 2 and 43©”
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`For:
`“Class 003. First Use: 2017/04/01 First Use In Commerce: 2017/04/15 All goods and services in
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`the class are opposed, namely: Hair care products, namely, heat protection sprays; Hair
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`conditioner; Hair oils; Hair spray; Hair styling preparations; Shampoos”
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`Affirmative Statements of Good Hair Care LLC:
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`The following factors demonstrate Good Hair Care LLC’s use of the mark “GOOD HAIR
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`CARE” does not infringe or dilute Jemella Group Limited’s mark:
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`Application no 85931081: “GHD GOOD HAIR DAY, EVERY DAY”
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`

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`85939282: “GOOD HAIR DAY, EVERY DAY”
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`85939290: “GOOD HAIR DAY"
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`4948836: “GHD AURA”
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`4750423: “GHD CONTOUR”
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`4608681: “GHD V”
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`4513694: "GHD CURVE”
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`5319419: “GHD PRO”
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`5075864: “GHD FLIGHT”
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`3746988: “GHD”
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`3740197: “GHD”
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`4577990: “GHD STYLE”
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`4296914: “GHD AIR”
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`4208320: “GHD GOLD”
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`4872514: “GHD ORACLE”
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`4848579: “GHD PLATINUM”
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`2855191: “GHD”
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`The following statements include denial of all allegations for each of their registered trademarks
`above by Jemella Group Limited to Good Hair Care LLC, abbreviated as “Good Hair Day”.
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`Similarity of Mark

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`Good Hair Care LLC, asserts that our mark, Good Hair Care, is not similar enough to Good Hair
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`Day, to cause confusion. While the marks are similar in some respects, they differ in the
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`following ways: The layout of the words of the Good Hair Care logo, do not include any unique
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`aspects, it is a simple capital letter print font, where as Jemella Group Limited's primary logo and
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`

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`brand name, “ghd”, includes dots as the style and form. Good Hair Care LLC, refers to the brand
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`as Good Hair Care, from the controversial phrase “good hair”. We assert that for the above
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`reasons Good Hair Care is distinct from Good Hair Day.
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`Similarity of Goods/Similarity of Trade Channels

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`Jemella Group Limited is in the business of retail hot hair tools and secondary, hair products for
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`straight hair and hot hair tools. Good Hair Care LLC, however, is in the business of commerce
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`handmade natural hair care products, for natural ethnic hair. As our mark Good Hair Care, is
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`used in connection with different goods and services than those connected to Jemella Group
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`Limited’s, consumers will not be confused as to the source of the goods and services regarding
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`either of our marks. As it is unlikely Good Hair Care LLC, will offer goods in Jemella Group
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`Limited’s niche line of business, or vice versa, consumers will easily be able to identify from
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`which source Good Hair Care LLC and Jemella Group Limited’s goods and services are coming
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`from.
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`Dilution Claim

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`Additionally, Good Hair Care asserts that Jemella Group Limited does not have grounds for a
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`dilution claim. To successfully dilute Jemella group Limited's trademark, both the brands mission
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`and client demographics would have to be the same. Good Hair Care LLC, has demographics
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`catering to African-American Male and female low middle and high-class citizens. With a price
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`of $30 for two bottles equaling 26 ounces, Good Hair Care LLC, as very small margins, and
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`caters to ethnic Americans. At $22 for a 4-ounce bottle, Jemella Group Limited customers will
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`remain different. Additionally, the mark Good Hair Care LLC will not dilute Jemella Group
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`Limited because the marks are distinct from each other.
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`If Jemella Group Limited decides to take any litigious action (e.g., filing of any federal lawsuit,
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`communication with the USPTO, proceedings under the UDRP, etc.), Good Hair Care, LLC
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`demands that Jemella Group Limited include a copy, in its entirety, this letter and exhibits. In
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`addition, Good Hair Care LLC further demands that if Jemella Group Limited takes any litigious
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`steps that, Jemella Group Limited provide proper service or a copy of such correspondence.
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`

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`Conclusion

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`For these reasons and others, Good Hair Care LLC has its own distinctive mark that does not
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`dilute or otherwise infringe upon Jemella Group Limited’s trademark. And, any claims to
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`copyright infringement are denied based upon use of common jargon and expressions in the
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`industry.
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`Very truly yours,
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`/Nadia Miller
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`CEO of Good Hair Care LLC
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`