Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA933567
`11/07/2018
`
`ESTTA Tracking number:
`
`Filing date:
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`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
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`LEGO Juris A/S
`
`12/12/2018
`
`KOLDINGVEJ 2
`Billund, DK-7190
`DENMARK
`
`Laura Popp-Rosenberg
`Fross Zelnick Lehrman & Zissu, P.C.
`4 Times Square, 17th Floor
`New York, NY 10036
`UNITED STATES
`sharb@fzlz.com, lpopp-rosenberg@fzlz.com, ttabfiling@fzlz.com
`212-813-5900
`
`Applicant Information
`
`Application No
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`79227776
`
`Publication date
`
`08/14/2018
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`11/07/2018
`
`1391353
`
`ALGOBRIX LTD
`8 Hayarden Street
`Yavneh 8122808
`ISRAEL
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`12/12/2018
`
`08/07/2017
`
`Goods/Services Affected by Opposition
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`Class 028. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Board games for the development of vari-
`ous engineering capabilities; Electronicgames for the teaching of children in the field of engineering
`
`Grounds for Opposition
`
`Other
`
`Inclusion of descriptive matter and accurate
`pictorial representation of component of goods
`covered by application without disclaimer in viol-
`ation of 15 U.S.C. 1052(e).
`
`Attachments
`
`F2817578.pdf(105200 bytes )
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`
`
`Signature
`
`/Laura Popp-Rosenberg/
`
`Name
`
`Date
`
`Laura Popp-Rosenberg
`
`11/07/2018
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`LEGO JURIS A/S,
`
`
`
`
`
`ALGOBRIX LTD,
`
`
`
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`Opposer,
`
`-against-
`
`Applicant.
`
`
`
`
`
`
`
`
`
`Opposition No. ____________
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`NOTICE OF OPPOSITION
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`Opposer LEGO Juris A/S (“Opposer”) believes that it will be damaged by the issuance of
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`a registration for the mark ALGOBRIX & Design, as applied for in Application Serial No.
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`79227776, and therefore opposes the same. As grounds for the opposition, Opposer, by its
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`attorneys Fross Zelnick Lehrman & Zissu, P.C., alleges as follows:
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`1.
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`Opposer is a Danish corporation with an address of Koldingvej 2, Billund, DK-
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`7190, Denmark.
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`2.
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`Opposer has long sold in the United States and around the world construction toys
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`and construction toy playsets containing interlocking plastic bricks in various configurations
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`under the famous trademark LEGO.
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`3.
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`According to the records of the United States Patent and Trademark Office
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`(“USPTO”), applicant Algobrix Ltd (“Applicant”) is an Israeli limited liability company with an
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`address of 8 Hayarden Street, Yavneh 8122808, Israel.
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`{F2812315.1 }
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`
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`4.
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`According to the records of the USPTO, on or about August 7, 2017, Applicant
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`filed Application Serial No. 79227776 (the “Application”) with the United States Patent and
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`Trademark Office to register the following mark:
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`(“Applicant’s Mark”).
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`
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`5.
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`The Application covers “Board games for the development of various engineering
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`capabilities; Electronic games for the teaching of children in the field of engineering” in
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`International Class 28.
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`6.
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`Upon information and belief, the term “BRIX” in Applicant’s Mark is a
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`misspelling of “bricks” and is a reference to interlocking bricks made of plastic or other
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`components, of the type or similar to the type sold by Opposer and third parties. This is clear
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`from Applicant’s website, http://www.algobrix.com/, which offers for preorder under the
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`ALGOBRIX mark toy construction sets with interlocking plastic bricks as shown below:
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`7.
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`Accordingly, in the context of the goods in connection with which Applicant’s
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`Mark is to be used, the term “bricks,” and therefore the misspelling “BRIX” found in Applicant’s
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`
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`Mark, is descriptive.
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`{F2812315.1 }
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`2
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`
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`8.
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`The word “bricks” also is extensively used in a descriptive manner by Opposer
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`and by third parties in connection with goods and services consisting of or relating to
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`interlocking bricks of the type or similar to the type to be offered under Applicant’s Mark.
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`9.
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`Thus, the term “bricks” and therefore the misspelling “BRIX” found in
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`Applicant’s Mark cannot function as part of a trademark because it is descriptive of the goods of
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`both Applicant and others, including Opposer.
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`10.
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`Similarly, the pictorial representations of an interlocking brick in Applicant’s
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`Mark cannot function as part of a trademark because they are representative of Applicant’s goods
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`and of goods of others, including Opposer. An example of a brick component sold by LEGO
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`that is virtually indistinguishable from the brick designs in Applicant’s Mark is shown below:
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`
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`11.
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`The Application includes no disclaimer of either the term “bricks” or the pictorial
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`
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`representation of a brick design.
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`12.
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`If the Application is allowed to mature to registration without a disclaimer of the
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`term “bricks” or of the pictorial representations of a brick design, Applicant will be granted
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`rights in a descriptive term and in a common design that should be freely available for use by
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`Opposer as well as others.
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`13.
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`Registration to Applicant of Applicant’s Mark without a disclaimer of the term
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`“bricks” and without disclaimer of the pictorial representations of a brick deign would violate 15
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`U.S.C. § 1052(e) and harm Opposer by giving Applicant presumptive exclusivity in and to a
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`term and design widely in use by others, including Opposer, thereby impairing Opposer’s and
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`others ability to use the term “bricks” and brick designs in connection with their products and
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`businesses.
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`{F2812315.1 }
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`3
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`14.
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`By reason of the foregoing, Opposer is likely to be harmed by registration of
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`Applicant’s Mark without disclaimer of the term “bricks” and the pictorial representations of the
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`brick design.
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`WHEREFORE, it is respectfully requested that this Opposition be sustained and that
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`registration of the mark sought by Applicant in Application Serial No. 79227776 be denied.
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`
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`Dated: New York, New York
`
`November 7, 2018
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`
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`
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`Fross Zelnick Lehrman & Zissu, P.C.
`
`
`By: /Laura Popp-Rosenberg/
` Laura Popp-Rosenberg
` Sean F. Harb
`4 Times Square, 17th Floor
`New York, NY 10036
`Phone: (212) 813-5900
`Email: lpopp-rosenberg@fzlz.com
` sharb@fzlz.com
`
`Attorney for Opposer LEGO Juris A/S
`
`{F2812315.1 }
`
`4
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