Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA916057
`08/15/2018
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Get Weird, LLC
`
`Limited Liability Company
`
`Citizenship
`
`California
`
`7162 Beverly Blvd., #348
`Los Angeles, CA 90036
`UNITED STATES
`
`John R. Sommer
`John R. Sommer, Attorney-at-Law
`17426 Daimler Street
`Irvine, CA 92614
`UNITED STATES
`sommer@stussy.com
`9497525344
`
`Applicant Information
`
`Application No
`
`87800015
`
`Publication date
`
`07/17/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`08/15/2018
`
`Opposition Peri-
`od Ends
`
`08/16/2018
`
`Ernst, Jessica
`470 Boot Road until 292
`Downingtown, PA 19335
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Beanies; Hats; Hoodies; Long-sleeved
`shirts; Shirts; Socks; Tank-tops; T-shirts
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols, or brings them into contempt, or disrep-
`ute
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`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Section 2(a)
`
`Deceptiveness
`
`Trademark Act Section 2(a)
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`Marks Cited by Opposer as Basis for Opposition
`
`
`ESTTA916057
`08/15/2018
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Get Weird, LLC
`
`Limited Liability Company
`
`Citizenship
`
`California
`
`7162 Beverly Blvd., #348
`Los Angeles, CA 90036
`UNITED STATES
`
`John R. Sommer
`John R. Sommer, Attorney-at-Law
`17426 Daimler Street
`Irvine, CA 92614
`UNITED STATES
`sommer@stussy.com
`9497525344
`
`Applicant Information
`
`Application No
`
`87800015
`
`Publication date
`
`07/17/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`08/15/2018
`
`Opposition Peri-
`od Ends
`
`08/16/2018
`
`Ernst, Jessica
`470 Boot Road until 292
`Downingtown, PA 19335
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Beanies; Hats; Hoodies; Long-sleeved
`shirts; Shirts; Socks; Tank-tops; T-shirts
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols, or brings them into contempt, or disrep-
`ute
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Section 2(a)
`
`Deceptiveness
`
`Trademark Act Section 2(a)
`
`Marks Cited by Opposer as Basis for Opposition
`
`
`
`U.S. Application
`No.
`
`88033838
`
`Application Date
`
`07/11/2018
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`GET WEIRD
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 035. First use: First Use: 2016/03/30 First Use In Commerce: 2016/03/30
`Retail store services featuring clothing and accessories
`
`87838144
`
`Application Date
`
`03/16/2018
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`GET WEIRD
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Belts (clothing); Blouses; Coats; Dresses; Gloves (clothing); Hosiery; Jackets
`(clothing); Jerseys (clothing); Lingerie; Night gowns; Night shirts; Pajamas;
`Pants; Shirts; Shorts; Skirts; Socks; Sweat pants; Sweat shirts; Sweaters; Swim
`wear; Swim suits; T-shirts; Tank tops; Tights; Underwear; Vests; Wind resistant
`jackets (clothing); Wristbands (clothing);Beanies; Caps being headwear; Hats;
`Scarves (clothing); Visors (headwear); Footwear; boots; Sandals; shoes; Slip-
`pers
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`Attachments
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`88033838#TMSN.png( bytes )
`87838144#TMSN.png( bytes )
`Ernst notice of opposition.pdf(271179 bytes )
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`
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`Signature
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`/John R. Sommer/
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`Name
`
`Date
`
`John R. Sommer
`
`08/15/2018
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.:
`
`
`
`In the matter of Application Serial No. 87/800015
`Published for Opposition in the OFFICIAL GAZETTE of July 17, 2018
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`__________________________________________
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`GET WEIRD, LLC,
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`Opposer,
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`JESSICA ERNST,
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`Applicant.
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`___________________________________________
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`NOTICE OF OPPOSITION
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`
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`Get Weird, LLC (“Opposer”), a California limited liability company having its principal
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`place of business at 7162 Beverly Blvd., #348, Los Angeles, CA 90036, believes it will be
`damaged by registration of the mark shown in Serial No. 87/800015 in International Class 25,
`filed by Jessica Ernst (“Applicant”), and hereby opposes the same.
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`
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`As grounds for this Opposition, it is alleged:
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`On or about February 16, 2018, Applicant filed an intent to use application with
`1.
`the United States Patent and Trademark Office to register the mark GET WEIRD (hereinafter
`“Applicant’s Mark”) for “Beanies; Hats; Hoodies; Long-sleeved shirts; Shirts; Socks; Tank-tops;
`T-shirts” in International Class 25. The application for Applicant’s Mark was published in the
`Official Gazette on July 17, 2018.
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`Since at least as early as March 30, 2016, Opposer has been using GET WEIRD
`2.
`(hereinafter “Opposer’s Mark”) on retail store services featuring clothing and accessories.
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`1
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`3.
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`Class
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`25
`35
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`Subsequently, Opposer filed U.S. trademark applications for GET WEIRD:
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`Ser. No.
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`87/838144
`88/033838
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`App. Date
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`Goods and Services (partial list)
`
`03/16/18
`07/11/18
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`
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`Clothing, headwear
`Retail store services featuring clothing and
`accessories
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`There is no issue as to priority. Applicant’s priority date for its intent-to-use
`4.
`application is the filing date, February 16, 2018. Opposer’s priority date for retail store services
`featuring clothing and accessories is at least as early as March 30, 2016.
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`Since prior to Applicant’s filing of the application for Applicant’s Mark (no use
`5.
`of Applicant’s Mark having been alleged by Applicant so Applicant’s priority date is the filing
`date), Opposer has made substantial and continuous use of the GET WEIRD mark in interstate,
`foreign, and intrastate commerce on and in connection with the advertising, promotion, and sale
`of its goods and services, since as early as March 30, 2016.
`
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`By virtue of the aforesaid advertising, promotion, and sales, and by virtue of the
`6.
`excellence of its products, Opposer’s Mark has come to represent exceedingly valuable goodwill
`owned by Opposer.
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`The goods and services on which Opposer uses its GET WEIRD mark (retail store
`7.
`services featuring clothing and accessories) and the goods for which Applicant seeks to register
`Applicant’s Mark (clothing, headwear) are closely related, if not identical. Opposer’s goods and
`Applicant’s goods are sold through the same channels of trade and to the same class of
`purchasers.
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`2
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`Opposer’s GET WEIRD Mark and Applicant’s GET WEIRD Mark are
`8.
`confusingly and substantially similar.
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`Use by Applicant of Applicant’s Mark will be likely to cause confusion, mistake,
`9.
`or deception with Opposer’s Mark, and result in the belief that Applicant or Applicant’s goods
`are in some way legitimately connected with, sponsored by, or approved by Opposer, resulting in
`damage and injury to Opposer. Persons familiar with Opposer’s Mark would be likely to buy
`Applicant’s goods as and for a product made and sold by Opposer. Any such confusion in trade
`inevitably would result in loss of sales to Opposer. Furthermore, any defect, objection, or fault
`found with Applicant’s products marketed under Applicant’s Mark would necessarily reflect
`upon and seriously injure the reputation that Opposer has established for its products
`merchandised under Opposer’s Mark.
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`10.
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`Applicant’s Mark, if registered, will be deceptive, in violation of Section 2(a).
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`Applicant’s Mark, if registered, will falsely suggest a connection between
`11.
`Applicant and Opposer and their respective goods, in violation of Section 2(a).
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`Applicant’s Mark, if registered, will so resemble Opposer’s Mark as to be likely,
`12.
`when used on or in connection with the goods of the Applicant, as to cause confusion, mistake or
`to deceive, in violation of Section 2(d).
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`Applicant’s Mark, if registered, will dilute the distinctiveness of Opposer’s Mark
`13.
`in violation of Section 43(c).
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`Any use Applicant has made or may make of Applicant’s Mark, is and will be
`14.
`without Opposer’s consent or permission.
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`3
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`WHEREFORE, registration by Applicant of the aforesaid Applicant’s Mark for the
`aforesaid goods will be damaging to Opposer, and Opposer therefore requests that the
`Opposition be sustained.
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`______ /s/ John R. Sommer __________
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`John R. Sommer
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`John R. Sommer, Attorney-at-Law
`17426 Daimler Street
`Irvine, California 92614
`(949) 752-5344
`Fax: (949) 752-5439
`SOMMER@STUSSY.COM
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`Attorneys for Opposer
`Get Weird, LLC
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`4
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on the date of execution of this certificate, a true copy of the
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`foregoing OPPOSITION was served by depositing same in the mail, first class postage prepaid,
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`addressed to:
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`Jessica Ernst
`470 Boot Road Unit 292
`Downingtown, PA 19335
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`and
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`Trademark Engine
`12605 East Freeway Suite 540
`Houston, TX 77015
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`Courtesy copies by email to:
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`mhje91@gmail.com
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`proxy@trademarkengine.com
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`Dated: August 15, 2018
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`____ /s/ John R. Sommer ________
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` John R. Sommer
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`5
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