Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA964642
`04/03/2019
`
`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
`
`emoji company GmbH
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Correspondence
`information
`
`04/03/2019
`
`Necklenbroicher Strasse 52-54
`Meerbusch, 40667
`GERMANY
`
`Marijan Hucke
`1732 1st #27500
`New York, NY 10128
`UNITED STATES
`m.hucke@huckelaw.com, e.sal@huckelaw.com
`646-396-0410
`
`Applicant Information
`
`Application No
`
`88000430
`
`Publication date
`
`12/04/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`04/03/2019
`
`David, Shawn
`211 Angie Way
`Bethlehem, GA 30620
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`04/03/2019
`
`Goods/Services Affected by Opposition
`
`Class 035. First Use: 2017/11/27 First Use In Commerce: 2017/11/27
`All goods and services in the class are opposed, namely: Automobile dealerships
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by tarnishment
`
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`5643568
`
`Registration Date
`
`01/01/2019
`
`Word Mark
`
`EMOJI
`
`Application Date
`
`12/09/2016
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 011. First use: First Use: 0 First Use In Commerce: 0
`Furnace ash boxes; Heaters, electric, for feeding bottles; Bath tubs; Bath install-
`ations; Barbecues; Aquarium lights; Lighting installations for air vehicles; Light-
`ing apparatus and installations, namely, lamps, not including nightlights; Lights
`for vehicles; Light-emitting diodes lighting fixtures; Lamps, not including night-
`lights; Ventilation hoods; Bed warmers; Anti-dazzle devices for automobiles,
`namely, light fitting shields for attachment to vehicle interior dome lights that nar-
`row the path of light to passenger compartment for reading purposes; Motor-
`cycle and bicycle lights; Vehicle reflectors; Vehicle headlights; Hair dryers; Taps,
`namely, faucets; Electric hand drying apparatus for washrooms; Hot air apparat-
`us, namely, hot air blowers; Water heaters and heating boilers; Blankets,electric,
`not for medical purposes; Electric lamps, not including nightlights; Heating ap-
`paratus for defrosting windowsof vehicles; Pressure cookers, electric; Chimney
`blowers; Diving lights; Immersion heaters; Electric toasters; Toilets;Toilet bowls;
`Toilet seats; Waffle irons, electric; Tobacco roasters; Pocket torches, electric,
`namely, electric torches for lighting; Pocket warmers, namely, non-electric and
`chemically-activated heating packets for warming hands not for medical use; Lu-
`minous house numbers
`
`U.S. Registration
`No.
`
`5489322
`
`Registration Date
`
`06/12/2018
`
`Word Mark
`
`Design Mark
`
`EMOJI
`
`Application Date
`
`12/09/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 012. First use: First Use: 0 First Use In Commerce: 0
`Motor buses; Cars; Automobile tires; Sleeping berths for vehicles; Saddle covers
`for bicycles or motorcycles; Covers for vehicle steering wheels; Ships; Motor
`homes; Tricycles not being toys; Shopping trolleys in the form of mobile carts;
`Hydroplanes; Non-skid devices for vehicle tires, namely, anti-skid chains for
`
`

`

`vehicle tires; Golf cars; Hot air balloons; Upholstery for vehicles; Yachts; Push-
`chairs; Stroller covers; Tilting-carts; Dump carts; Cycle cars, namely, motor
`cycles; Audible warning systems for cycles,namely, warning horns for motor-
`cycles; Head-rests for vehicle seats; Spray prevention flaps for vehicles, namely,
`mud flaps for vehicles; Aircraft; Air cushionvehicles; Air pumps for automobiles;
`Mopeds; Motorcycles; Paddles for canoes; Screws for ships, namely, ship pro-
`pellers; Hub caps; Space vehicles; Pneumatic tires; Tires for vehicle wheels;
`Scooters,namely, motor scooters; Rearview mirrors; Oars; Rowlocks; Ships'
`hulls; Two-wheeled trolleys; Saddles for bicycles and motorcycles; Saddlebags
`adapted for bicycles; Clutches for land vehicles; Launches; Vehicle parts,
`namely, windshield wipers; Headlight wipers; Sleighs in the form of a vehicle for
`transport purposes;Mudguards; Anti-skid chains for vehicles; Snowmobiles; Fit-
`ted seat covers for vehicles; Funnels for locomotives; Human-powered vehicles
`in the form of trolleysand carts, not used as toys; Mudguards for two-wheeled
`motor vehicles or bicycles; Cycle mudguards, namely, bicycle mudguards; Ad-
`hesive rubber patches for repairing inner tubes; Safety belts for vehicle seats;
`Safety seats for children, for vehicles; Ski lifts; Ski carriers for cars; Sunblinds
`adapted for automobiles;Spikes for tires in the form of anti-skid studs for vehicle
`tires; Spoilers forvehicles; Sports cars; Suspension shockabsorbers for vehicles;
`Vehicle shock absorbers; Shock absorbing springs for vehicles; Vehicle bump-
`ers; Bumpers for automobiles; Caps for vehicle petrol tanks;Tractors; Handling
`carts; Valves for vehicle tires; Disengaging gear for boats,namely, rudder gear;
`Water vehicles, namely, boats; Seaplanes; Windscreens, namely, wind blockers
`to be affixed in the passenger area of land vehicles; Campers; Caravans,
`namely, recreational vehicles in the form of travel trailers; Bicycle stands
`
`U.S. Registration
`No.
`
`5415510
`
`Registration Date
`
`03/06/2018
`
`Word Mark
`
`Design Mark
`
`EMOJI
`
`Application Date
`
`12/09/2016
`
`Foreign Priority
`Date
`
`07/28/2016
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 0 First Use In Commerce: 0
`Dietary supplements and dietetic preparations, namely, dietetic foods adapted
`for medical use; Hygienic preparations and articles, namely, Disinfectants for hy-
`gienic purposes, Deodorizing products, namely, all purpose deodorizer prepara-
`tions for household, commercial and industrial use, disinfectant bathroom clean-
`ers;Medical and veterinary preparations andarticles, namely, Acne treatment
`preparations; Adrenal hormone preparations; Aerosol dispensers for medical
`use sold filled with allergy medications, hemostatic preparations and hair growth
`stimulants; Air deodorizing preparations; Air purifying preparations; All purpose
`deodorizing preparations for household, commercial or industrial use; All pur-
`pose disinfecting and deodorizing preparations; Amino acid preparations for
`medical purposes; Analgesic and muscle relaxant pharmaceutical preparations;
`Androgen preparations; Anti-arthritic compositions and preparations; Anti-cancer
`
`

`

`preparations; Anti-inflammatory preparations; Anti-epileptic pharmaceutical pre-
`parations; Antidrowsiness treatment preparations; Anti-diabetic preparations;
`Anti-cavity dental coating preparations containing fluoride; Anti-sarcoma prepar-
`ations; Anti-tuberculous preparations; Anti-uric preparations; Antibiotic prepara-
`tions; Antifungal preparations; Antihemorrhoidal preparations; Antimicrobial
`hand-sanitizing preparations; Antiparasitic preparations; Antipyretic prepara-
`tions; Antiseptic preparations; Athletes' foot preparations; Bacterial and bacteri-
`ological preparations for medical or veterinary purposes; Bacterial preparations
`for veterinary purposes; Bacterial preparations for medical and veterinary use;
`Bath preparations formedical purposes; Bath salts and bath preparations for
`medical purposes; Biological preparations for the treatment of cancer; Biostatic
`antimicrobial preparations for treating bacteria, mold, mildew,algae and yeast
`and for inhibiting growth of those organisms; Bowel evacuant preparations; Caf-
`feine preparations for stimulative use; Cardiovascular pharmaceutical prepara-
`tions; Chemical preparationsfor treating phylloxera; Chemical preparations for
`treating mildew; Chemical preparations for the diagnosis of pregnancy; Cold
`sore treatment preparations; Contact lens cleaning preparations; Contraceptive
`preparations; Cough treatment preparations; Dental preparations for disclosing
`plaque; Fertility enhancement preparations; Fumigation preparations for medical
`purposes; Diagnostic preparations for medical and veterinary use; Estrogenpre-
`parations; Medical preparations, namely, foot, hand and skin creams for diabet-
`ics; Hormonal preparations; Hand-sanitizing preparations; Medicated dermatolo-
`gical preparations and substances; Medicated skin care preparations, namely,
`creams, lotions, gels, toners, cleaners and peels; Medicated hair care prepara-
`tions;Mineral preparations for medical purposes; Migraine treatment prepara-
`tions; Menstrual symptom treatment preparations; Medicinal preparations for
`stimulating hair growth; Nasal spray preparations; Nail sanitizing preparations;
`Natural sleepaid preparations; Nausea treatment preparations; Preparation for
`the relief of pain; Pregnancy testing preparations, namely, pregnancy test kits for
`home use; Probiotic preparations for medical use; Pest control preparations and
`articles, namely, Pesticides; Nematode pesticide; Domestic pesticides; Agricul-
`tural pesticides; Pesticides for agricultural use; Granular repellent for burrowing
`pests; Thymol for use as a pesticide; Pesticidesfor indicate use, agricultural,
`commercial, industrial, domestic use; Biocides,germicides, bactericides, viru-
`cides, fungicides, insecticides, pesticides and herbicides; Freeze-dried food bait
`to attract flies for pest control purposes; Herbicides, insecticides, pesticides and
`fungicides for home, garden and lawn use and for professional use; Dental pre-
`parations and articles, namely, Dental polish; Dental waxes; Dental alloys; Dent-
`al blanks; Dental sealants; Dental adhesives;Medicated dental floss; Medicated
`dental rinses; Dental impression materials; Dental abrasives; Medicated anti-
`cavity dental rinses; Adhesives for dental and dentistry use; Food for babies; Di-
`etary supplements for animals; Medical preparations for slimming purposes,
`namely, Slimming pills; Anti-oxidant food supplements; Appetite suppressants;
`Appetite suppressants for medical purposes; Medicatedsupplements for food-
`stuffs for animals;Asthmatic tea; Infant formula; Dietary fiber to aid digestion;
`Bee pollen for use as a dietary food supplement; Diabetic bread adapted for
`medical use; Diastase for medical purposes; Dietetic infusions for medical use;
`Dietetic beverages for babies adapted for medical purposes; Dietetic prepara-
`tions adapted for medical use, namely, dietetic foods adapted for medical use;
`Herbal dietary supplements for persons special dietary requirements; Dietary
`supplements for pets in the nature of a powdered drink mix; Liquid vitamin sup-
`plements; Nutraceuticals for use as a dietary supplement; Royal jelly for medical
`purposes; Powdered fruit-flavored dietary supplement drink mix; Glucose for use
`as an additive to foods for medical purposes; Dietary supplements consisting
`primarily of calcium; Cod liveroil; Cod-liver oil capsules; Cod-liver oil drops; Li-
`quid herbal supplements; Fish oil for medical purposes; Ground flaxseed fiber
`for use as a dietary supplement; Dietetic sugar for medical use; Dietetic foods
`adapted for medical use; Dietetic beverages adapted for medical purposes; Di-
`etetic sugar substitutes for medical use; Nutritional supplement meal replace-
`ment bars for boosting energy; Protein dietary supplements; Propolis dietarysup-
`
`

`

`plements; Linseed oil dietary supplements; Linseed dietary supplements; Royal
`jelly dietary supplements; Alginate dietary supplements; Albumin dietary supple-
`ments; Dietary supplemental drinks; Nutritional supplements; Multi-vitamin pre-
`parations; Calcium fortified candy, for medical purpose; Mineral dietary supple-
`ments for humans; Mineral food supplements; Melissa water for pharmaceutical
`purposes; Milk sugar, for medical purposes; Medicinal tea; Medicinal drinks;
`Lysine preparations; Mint for pharmaceutical purposes; By-products of the pro-
`cessing of cereals for medical purposes; Natural dietary supplements for treating
`claustrophobia; Powdered nutritional supplement drink mix; Dietary supplements
`for infants; Health food supplements for persons with special dietary require-
`ments; Dietary supplements for controlling cholesterol; Food supplements; Diet-
`ary food supplements for humans; Wheat germ dietary supplements; Dietary
`supplements consistingof vitamins; Pollen dietary supplements; Lecithin dietary
`supplements; Casein dietary supplements; Yeast dietary supplements; Glucose
`dietary supplements; Enzyme dietary supplements; Food supplementsconsisting
`of amino acids; Wheat dietary supplements; Mineral nutritional supplements;
`Health food supplements made principally of vitamins; Health food supplements
`made principally of minerals; Vitamin preparations in the nature of food supple-
`ments; Prenatal vitamins; Vitamin preparations; Mixed vitamin prepara-
`tions;Vitamin drinks, namely, Dietary supplemental drinks in the nature of vitam-
`in and mineral beverages; Vitamins and vitamin preparations; Gummy vitamins;
`Vitamin D preparations; Vitamin C preparations; vitamin tablets; Vitamin B pre-
`parations;Vitamin A preparations; Vitamin and mineral supplements; Soy protein
`dietary supplements; Low-salt bread adapted for medical use; Lipotropic factor
`preparations; Diet capsules; Protein supplements for animals; Probiotic supple-
`ments; dietetic Sugar for medical purposes; Zinc supplement lozenges; Delivery
`agents in the form of coatings for tablets that facilitate the delivery of nutritional
`supplements; Delivery agents in the form of dissolvable films that facilitate the
`delivery of nutritional supplements; Nutritional supplements consisting primarily
`of zinc; Nutritional supplements consistingof fungal extracts; Nutritional supple-
`ments consisting primarily of magnesium; Dietary supplements consisting
`primarilyof magnesium; Nutritional supplements consisting primarily of calcium;
`Nutritional supplements consisting primarily of iron; Dietary supplements con-
`sisting primarily of iron; Vitamin drops; Vitamin supplements; Deodorizers and
`air purifying preparations for carpets, shoes, automobiles and for household pet
`litter boxes; Disinfectants and antiseptics; medicated Eye-washes; Chemical
`preparations for sanitary purposes; Lubricant gels for personal use; Silicone-
`based personal lubricants; First-aid boxes, filled; Sanitary sterilising prepara-
`tions; sterilising Cleaners for sterilising surgical instruments; Cleansing solutions
`for medicaluse; Compounds for sanitising eggs; Douching preparations for med-
`ical purposes;Sanitary preparations for medical purposes; Collyrium; Egg sanit-
`izing preparations; Personal sexual lubricants; Water-based personal lubricants;
`Diapers for pets; Diagnostic preparations for medical purposes; Medical dress-
`ings
`Class 008. First use: First Use: 0 First Use In Commerce: 0
`Hand-operated cutting tools and implements for treatment of materials, and for
`construction, repair and maintenance; Hand-operated retrieving tools and imple-
`ments in the form of clamps for treatment of materials, and for construction, re-
`pair and maintenance; Lifting Tools, namely, Hand operated lifting jacks; kitchen
`knives and cutlery, namely, forks, spoons and flatware; Flat irons; Electric irons;
`Electric steam irons; Electric ironsfor styling hair; Electric hair straightening
`irons; Electric hair crimper; Tweezers; Manual clippers; Cuticle scissors; Farri-
`ers' knives; Nail clippers for personal use; Pedicure implements, namely,nail
`files, nail clippers, cuticle pushers, tweezers, nail and cuticle scissors; Scissors;
`Shears; Shear blades; Eyelash curlers; Eyelash separators; Hand tools, namely,
`Priming irons; Mountaineeringpickels [ice axes]; hand-operated tin openers,
`non-electric; Diving knife holders; Miter vises being hand tools; Goffering irons;
`Palette knives; Thread snips;Ice picks; Ice axes; Ice hammers; Can openers,
`non-electric; Non-electric flat irons; Ratchets wrenches [hand tools]; Knives for
`
`

`

`hobby use; Knives made of precious metal; household Knives; Machetes;
`candle Wick trimmers; Ratchet handles; Scissors for children; Japanese grip
`scissors; Hand pumps, namely, air pumps, hand-operated; Hand-operated tile
`spacer removal tools; Hand operated hand shears; Snow shovels; Scissors for
`household use; Squeegees, namely, Beveled hand tool in the nature of a squee-
`gee for spreadingand leveling paint and wax products on cars, motorcycles,
`planes and boat panels; Pumps for liquids, namely, Displacement pump spray-
`ers attached to a garden hose for spraying liquid herbicides, pesticides, fertil-
`izers and insecticides; Hand tools, namely, Pikes; Seam rippers; Hand-operated
`Nail extractors; Paper shears; Multi-purpose shears; Throwing knives; Tool
`pouches for attachment to tool belts; Tool aprons; Tool holders; Tool belts; Ex-
`tension bars for hand tools; Extensions for hand tools; Diving knives; Pocket
`shears; Pocket knives; Paring irons;Roll-up fabric container for hand tools; Metal
`vices; Bench vices; Vice workpiece stops; Golf shoe spike wrenches; Fishing
`line cutters; Wire Cutters; Die wrenches; Hand jacks; Stands for hand
`jacks;Lifting jacks, hand-operated; Working knives; Bayonets; Daggers; Har-
`poons for commercial fishing [not sports articles];Sword scabbards; Sabres;
`Sword canes; Spears; Swords; Blades for knives; Knife bags; Razor, shedding,
`shaving, scissor and planing Blades; Japanese swords; Side arms, other than
`firearms, namely, swords; Fishing knives; Apple corers; Oyster openers; Bagel
`slicers; Boxes specially adapted for the storage of cutlery andflatware; Fish
`scalers; Filleting knives; Cutlery of precious metals; Strawberry hullers; Egg
`slicers, non-electric; Bread knives; Butter curlers; Can tab puller; Hand-operated
`cutters for making pasta; French fry cutters; Hand-operated vegetable shred-
`ders; Hand operated vegetable slicers; Grapefruit trimmers; Non-electric veget-
`able peelers; Forks and spoons; Forks made of precious metal; Forks; Table
`forks; Non-electric fruit peelers;hand-operated choppers, namely, meat chop-
`pers; Fish scoops; Non-electric garliccutters; Scaling knives; Fish slicing kitchen
`knives; Thin-bladed kitchen knives; Kitchen knives; Cheese slicers, non-electric;
`Chef knives; Ceramic knives; Hand tools, namely, foundry ladles; Non-electric
`potato peelers; Japanese choppingkitchen knives; Hand operated carving knives
`for household use; Serving knives;Paring knives; Hand-operated slicers; Scis-
`sors for kitchen use; Bulk sugar scoops; Bulk rice scoops; Pizza cutters, non-
`electric; Pizza slicers; Fruit knives; Non-electric pasta makers for domestic use;
`Nonelectric garlic choppers; Zesters; Hand operated food dicers; Hand-operated
`choppers; Hand-operated food processors; Carving knives; Cake cutters; Stain-
`less steel table knives; Stainless steel table spoons; Stainless steel table forks;
`Spoons for tea; Sterling silver tableknives; Table knives; Sterling silver table
`spoons; Sterling silver table forks; Vegetable spiralizer, namely, Hand-operated
`spiral slicers; Pestles for pounding being hand tools; Spatulas being handtools;
`Souvenir collector spoons
`Class 010. First use: First Use: 0 First Use In Commerce: 0
`Manually-operated exercise equipment for physical therapy purposes; Surgical
`apparatus and instruments for medical, dental or veterinary use; Prosthetic and
`filling materials, namely, artificial materials for use in the replacement of bones;
`Adult sexual stimulation aids, namely, artificial penises, penis enlargers, vibrat-
`ors, benwa balls, artificial vaginas; sex toys in the form of anal plugs; Massage
`apparatus; Artificial penises; Artificial penises, being adult sexual aids; Artificial
`vaginas, being adult sexual aids; Benwa balls, being adult sexual aids; Penis en-
`largers, being adult sexual aids; Love dolls; Sex toys; Vibrators,being adult
`sexual aids; Condoms; Ear plugs for medical purposes; Noise protection means
`in the form of deformable ear plugs; Ear plugs for protection against noise; Ear
`plugs for sleeping; Hearing aids; Dentures; Triangular elastic bandages; Ortho-
`paedic insoles, namely, insolesfor corrective treatment of conditions of the lower
`limbs; Orthopaedic insoles,namely, insoles for corrective treatment of conditions
`of the feet; Bandages, elastic; orthopaedic knee supports for medical use; Med-
`ical braces for joint fixation; Air Pillows for orthopedic use; Corsets for medical
`purposes; Orthopaedic detachable insoles; Orthopedic belts; Plaster support
`bandages for orthopedic purposes; Bandages for joints, anatomical;Invalid walk-
`
`

`

`ers; Walking aids for medical purposes; Arch supports for footwear,namely, arch
`cushions; Finger splints; Tips for crutches for invalids; Medical elbow braces;
`Tubular elastic bandages for supporting joints; Tubular elastic bandages for sup-
`porting limbs; Supportive bandages; Orthopaedic insoles, namely, orthopaedic
`foot cushions; Orthopaedic inner soles incorporating arch supports; Arch sup-
`ports for footwear; Orthopaedic support bandages; Orthopaedic strappings in
`the form of support bandages; Orthopedic apparatus for talipes; Orthotic inserts
`for footwear; Supports for the upperbody for medical use; Medical braces for,
`knee, ankle, elbow and foot; Templates for orthopedic purposes; Ankle supports
`for medical use; Crutches; Medical ankle braces; Knee guards in the nature of
`medical support; Knee bandages, orthopedic; Tubular support bandages; Splints
`for medical purposes; Back supports for medical purposes; Rollators; Padding
`for orthopedic casts; Orthopedic support bandages; Orthopaedic supports for
`heels; Orthopaedic hosiery; Orthopedic soles; Orthopedic footwear; Orthopedic
`cushions; Orthopaedic compression supports; Vertebral orthopedic apparatus;
`Toe separators for orthopedic purposes; Orthopedic device to stretch and exer-
`cise the toes and feet, namely, toe regulators; Quad canesfor medical purposes;
`Exercise boots for medical rehabilitative purposes; Suspensory support band-
`ages for joints; Arch supports for orthopaedic boots; Arch supports for ortho-
`paedic shoes; arch support for shoes, namely, arch supports for flat feet; Shoe
`insoles for orthopedic use; Corsets for therapeutic use; Slings, for medical use;
`Teething soothers, namely, teething rings; Dissecting tables; Pacifier clips; Ba-
`bies' pacifiers; Neonatal pacifiers; Feeding cups for medical purposes; Intraven-
`ous feeding tubes; Feeding bottle valves; Feeding bottles; Breast pumps; Paedi-
`atric pacifiers; Feeding bottle teats; Intravenous feeding bottles; Enteral feeding
`pumps; Disposable teats; Breast pumps for use by nursing mothers; Breast
`shields; Teething rings; Teething rings incorporating baby rattles; Breast milk
`storage bottles; Physical exercise apparatus for therapeutic use; Low frequency
`electric therapy apparatus; Electric heating cushions, for medical purposes;
`Chiropractic instruments; Respiratory therapy instruments, namely, respiratory
`masks for medical purposes; Asymmetrical bars for physical exercise, formedic-
`al purposes; Electrical apparatus for the therapeutic stimulation of the body, for
`rehabilitative medical purposes; Electrical apparatus for the therapeutic stimula-
`tion of the muscles, for rehabilitative medical purposes; Apparatus for the elec-
`trical stimulation of groups of muscles, for medical purposes; Electrical apparat-
`us for the therapeutic toningof the muscles, for medical rehabilitative purposes;
`Apparatus for use in toning muscles for medical rehabilitation; Apparatus for use
`in exercising muscles for medical use; Nasal lavage vessel for therapeutic pur-
`poses; Apparatus for electrical muscle stimulation, for medical purposes; Elec-
`trical apparatus for the therapeutic toning of the body, for medicalrehabilitative
`purposes; Physiotherapy and rehabilitation equipment, namely, body rehabilita-
`tion apparatus for medical purposes; Transcutaneous electrical nerve stimula-
`tion electrodes, namely, Electrotherapy devices for providing transcutaneous
`electrical nerve stimulation, infrared heat and compression; Exercise simulating
`apparatus for medical purposes; Deep heat massage apparatus; Therapeutic
`apparatus for children with autism, for medical purpose, namely, apparatus for
`dispensing non-medical oxygen and aromatherapy that also utilizes light, sound,
`and vibration for relaxation therapy; Therapeutic nose clips for the prevention of
`snoring; Therapeutic mouthpieces for the prevention of snoring; Hot air thera-
`peutic apparatus, for medical purpose, namely, empty inhalers for therapeutic
`use; Step-up machines for use in physiotherapy; Rowing machines for physical
`exercise for medical purpose; Electro-stimulation apparatus for the body in
`therapeutic treatment; Mercury arc lamp units for therapeutic purposes; Quartz
`lamps for medical purposes; Physical exercise apparatus, for medical purposes;
`Medical apparatus for strengthening muscles of the pelvic floor; Treadmills for
`medical use in physiotherapeutic exercise; Infrared radiator units for therapeutic
`purposes;Hot air vibrators for medical purposes,air filters for medical ventilators;
`Heating cushions, electric, for medical purposes; Hand exercisers for therapeut-
`ic use; Belts, electric, for medical purposes; Exercisers for medical therapy,
`namely, exercise machines for therapeutic purposes; Ultrasonic aspirators for
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`separating soft tissue parts; Stair climbing machines for medical therapeutic use;
`Anaesthetic drapes for use during surgery; Anti-pressure sore mattresses, for
`medical purpose; Apparatus for the turning ofpatients for medical purpose; Inflat-
`able mattresses for orthopaedic purposes; Beds specially made for medical pur-
`poses,namely, Beds for surgical use; Bed bases for beds especially made for
`medical purposes; Blankets for medical purposes; Pressure relief pads and
`cushions made for medical purpose; Electric blankets for medical use; Obstetric
`beds for medical purpose; Obstetric tables for medical purpose; Birthing chairs;
`Contoured cushions for patients' use on chairs for medical purposes; Contoured
`inflated pads for patients for medical purposes; Paddedcushions for medical pur-
`poses; Stretcher straps; Adhesive drapes for surgical use; Invalids' hoists;
`Blankets, electric, for medical purposes; Medical patient treatment chairs; Air
`mattresses, for medical purposes; Air mattresses for infants for medical pur-
`pose; Air cushions formedical purposes; Air pillows for infants for medical pur-
`pose; Air pillows for medical purposes; Support mattresses formedical use;
`Draw-sheets for sick beds;Hospital gurneys; Ambulance stretchers;Invalid lifts;
`Hospital beds for use byburn patients; Soporific pillows for insomnia; Pads for
`preventing pressure sores on patient bodies for medical purposes; Soporific pil-
`lows filled with down for insomnia; Pillows for therapeutic use;Cushions for med-
`ical use, adapted to support the face; Cushions for medical usefor supporting in-
`fants being examined; Cushions for medical use for supporting infants while be-
`ing bathed; Cushions formedical purposes; Hybrid beds being soft sided water-
`beds for medical purposes; Incontinence sheets for use with ba-
`bies;Incontinence sheets for use with infants; Medical instrument tables for use
`during medical procedures; Medical instrument cabinets for use during medical
`procedures; Tables for radiology; Retaining belts for restraining patients on
`stretchers; Patient examination tables; Patientlitters in the nature of stretchers;
`Surgical drapes; Operating tables; Anaesthesia screens in the form of anaes-
`thetic masks; Commode chairs; Furniture for endoscopic examination purposes;
`Medical examination sheets; Medical tables for examination and treatment pur-
`poses; Medicalstretchers; Medical blankets for the warming of patients; Medical
`blankets for the cooling of patients; Medical procedure chairs; Furniture adapted
`for medicaltreatment purposes; Incontinence mattress protectors for medical
`purposes; Mattresses for medical use; Mattresses for hospital patient trolleys;
`Childbirth mattresses; Sheets made of rubber for incontinence; Operating
`theatre sheets; Patient stretchers; Stretchers; Stretchers, wheeled; Medical pro-
`cedure tables; Tablesspecially made for medical examination;Tables for use in
`the treatment of patients; Support mattresses for preventing pressure sores for
`medical purposes; Sterile sheets, surgical; Chairs especiallymade for medical
`use; Furniture especially made for dental use; Furniture especially made for
`medical purposes; Furniture especially made for surgical use; Beds, specially
`made for medical purposes; Beds specially made for use by burn patients; Pa-
`tient safety restraints; Armchairs especially made for surgical purposes; Cervical
`pillows for medical use; Dentists' armchairs; Hydrostatic beds for medical pur-
`poses; Bed vibrators; Surgical examination drapes; Hospital examinationtables;
`Examination chairs specially made for dental use; Examination chairs specially
`made for medical use; Hospital examination chairs; Examination couches spe-
`cially made for dental use; Examination couches specially made for medical use;
`Incontinence sheets
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`Attachments
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`87976644#TMSN.png( bytes )
`87263073#TMSN.png( bytes )
`87263075#TMSN.png( bytes )
`2019-04-03 TTAB Notice of Opposition.pdf(39807 bytes )
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`Signature
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`Name
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`/MARIJAN HUCKE/
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`Marijan Hucke
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`Date
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`04/00/2010
`04/03/2019
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Application Serial No. 88000430
`For the mark: EMOJI AUTO SALES & DETAIL
`Published: June 14, 2018
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`emoji company GmbH,
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`Opposer,
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`David, Shawn
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`Applicant.
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`Opposition No.
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`NOTICE OF OPPOSITION
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`Opposer, emoji company GmbH, a company organized and existing under the laws of Germany
`with a principal place of business at Necklenbroicher Strasse 52-54, 40667 Meerbusch,
`Germany, believes that it will be damaged by the issuance of a registration for the alleged mark
`shown in Application Serial No. 88000430. Opposer hereby opposes same pursuant to Section
`13(a) of the Lanham Trademark Act of 1946 ("Lanham Act"), 15 U.S.C. § 1063(a).
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`As grounds for opposition, Opposer alleges as follows:
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`1.
`Opposer is a well-known German licensing company and owner of the emoji and
`emoji family of trademarks that are used throughout the world, in particular in interstate
`commerce in the United States through renowned companies such as the Sony Pictures
`Animation, Inc, Nestlé and other well-known companies.
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`2.
`Opposer is the owner of valid and subsisting United States Trademark
`Registration No. 5643568 for the trademark EMOJI, Registration No. 5489322 for trademark
`EMOJI, Registration No. 5415510 for the trademark EMOJI on the Principal Register in the
`United States Patent and Trademark Office (hereinafter "EMOJI") inter alia for Anti-dazzle
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`devices for automobiles in Class 11, Cars; Motor homes; Automobile tires; Air pumps for
`automobiles; Sunblinds adapted for automobiles; Bumpers for automobiles; in Class 12.
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`3.
`Opposer has used the “EMOJI” Marks in interstate commerce in the United States
`continuously since at least as early as April 2016 in connection with the manufacture,
`distribution, provision, offering for sale, sale, marketing, advertising and promotion of
`automobile related goods.
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`4.
`As a result of its widespread, continuous, and exclusive use of the EMOJI Marks
`to identify its automobile goods and Opposer as their source, Opposer owns valid and subsisting
`federal statutory and common law rights to the EMOJI Marks.
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`5.
`Opposer's EMOJI Marks are distinctive to both the consuming public and
`Opposer's trade.
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`6.
`Opposer has expended substantial time, money, and resources marketing,
`advertising, and promoting the goods sold under the EMOJI Marks.
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`7.
`The EMOJI Mark has been continuously voted as one of the most influential
`brands and has been placed third most influential brand in the most recent Power List of 2017.
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`8.
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`The goods Opposer offers under the EMOJI Marks are of high quality.
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`9.
`As a result of its distinctiveness and widespread use and promotion throughout the
`United States, Opposer's EMOJI Mark is a famous trademark within the meaning of Section
`43(c) of the Lanham Act, 15 U.S.C. 1125(c), and became famous prior to the filing date of June
`14, 2018 in the opposed application or any other priority date on w