Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1197630
`03/19/2022
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91248963
`Plaintiff
`American Party Inc.
`ROGER COWLES
`THE AMERICAN PARTY
`P.O. BOX 457
`ELIZABETH, NJ 07207
`UNITED STATES
`Primary email: organizers@americanparty.mobi
`908-355-0392
`Plaintiff's Notice of Reliance
`Roger E Cowles
`organizers@americanparty.mobi, rcowles@earthlink.net
`/Roger E Cowles/
`03/19/2022
`PLAINTIFFS NOTICE OF RELIANCE.pdf(267915 bytes )
`Exhibit A Opposers Registration No 3902290.pdf(505216 bytes )
`Exhibit B - Registration Status and Ownership.pdf(165042 bytes )
`Exhibit C - First Set of Interrogatories.pdf(159833 bytes )
`Exhibit D_Part 1 Applicants Response to First Set of Interrogatories.
`pdf(1000347 bytes )
`Exhibit D_Part 2 Applicants Response to First Set of Document Request
`s.pdf(360710 bytes )
`Exhibit D_Part 3 Applicants Basic Federal Trademark Search.pdf(4186601 bytes
`
`)E
`
`xhibit D_Part 4 Applicants Response to Search Providers Questions.pd
`f(80407 bytes )
`Exhibit E - Motion to Compel Discovery.pdf(189401 bytes )
`Exhibit F - First Office Action.pdf(256930 bytes )
`Exhibit G - Response to First Office Action.pdf(3102286 bytes )
`Exhibit H_Part 1.pdf(972210 bytes )
`Exhibit H_Part2.pdf(430402 bytes )
`Exhibit I In Re Majestic Drilling Co Inc.pdf(162171 bytes )
`Exhibit J In Re M2 Software Inc v M2 Communications Inc.pdf(155376 bytes )
`Exhibit K In Re Federated Foods Inc v Fort Howard Paper Co.pdf(146584 bytes
`
`)E
`
`xhibit L In Re Stone Lion Capital Partners LP v Lion Capital LLP.pd f(180746
`bytes )
`Exhibit M In Re Octocom Sys Inc. v Houston Computers Servs Inc.pdf(164174
`bytes )
`Exhibit N In Re Palm Bay Imports Inc v Veuve Clicquot Ponsardin.pdf(167074
`bytes )
`Exhibit O In Re Metro Traffic Control Inc v Shadow Network Inc.pdf(114428
`bytes )
`Exhibit P In Re i am symbolic llc.pdf(425785 bytes )
`Exhibit Q In Re TriVita Inc.pdf(120867 bytes )
`Exhibit R In Re Steelbuilding com.pdf(164371 bytes )
`Exhibit S In Re Coach Servs Inc v Triumph Learning LLC.pdf(277403 bytes )
`Exhibit T In Re Colonial Stores Inc.pdf(137756 bytes )
`Exhibit U In Re Abcor Dev Corp.pdf(160762 bytes )
`
`Proceeding no.
`Party
`
`Correspondence
`address
`
`Submission
`Filer's name
`Filer's email
`Signature
`Date
`Attachments
`
`

`

`Exhibit V In Re Positec Grp Ltd.pdf(277448 bytes )
`Exhibit W In Re Societe Generale des Eaux Minerals de Vittel SA.pdf(126876
`bytes )
`Exhibit X In Re Carolina Apparel.pdf(15226 bytes )
`
`

`

` THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`AMERICAN PARTY, INC.
`
`Opposition No. 91248963
`Serial No. 87809067
`Mark: United Americans Party
`
`
`
`
`
`
`
`
`
`
`
`Opposer,
`
`v.
`
`PAUL MICHAEL STUART
`
`Applicant,
`
`
`
`
`OPPOSER’S NOTICE OF RELIANCE
`
`American Party, Inc., (“Opposer”) hereby gives notice of its reliance
`
`and introduces into evidence the following, listed by the three Grounds for
`
`Opposition in this case.
`
`Please note that all Federal and TTAB case citations in this Notice are
`
`evidenced by the attached Exhibits, each of which was downloaded in its
`
`entirety from Casetext.com or USPTO TTABVIEW
`
`(https://ttabvue.uspto.gov/ttabvue/).
`
`I.
`
` Evidence Relating to Priority and Likelihood of Confusion
`
`A. Opposer’s Registrations
`
`1. Pursuant to 37 C.F.R. § 2.122(d), Opposer hereby introduces
`
`into evidence a copy of Opposer’s United States trademark registration and
`
`corresponding TSDR printout for said registration showing its current status
`
`as valid and subsisting and identifying Opposer as the owner of record,
`
`
`
`Page 1 of 9
`
`

`

`attached hereto as Exhibits A and B. Relevance of these Materials to this
`
`Case: Evidences records of trademark ownership and standing by Opposer.
`
`The attached Exhibits A and B include the following:
`
`2. A copy of Opposer’s registration certificate for its U.S. trademark
`
`registration for the AMERICAN PARTY mark, Reg. No. 3902290, registered on
`
`January 4, 2011, and a TSDR printout for said registration showing its status
`
`as valid and subsisting and Applicant as the owner of record. The attached
`
`registration and TSDR printout are relevant to proving that consumers are
`
`familiar with the AMERICAN PARTY brand in Class 035.
`
`B. Applicant’s Responses to Discovery Requests
`
`3. Applicant’s Written Discovery Responses
`
`Pursuant to 37 C.F.R. § 2.120(j)(3)(i), Opposer hereby introduces
`
`into evidence, through the attached Exhibit C and Exhibit D, Parts 1-5, the
`
`following documents:
`
`a. A copy of Opposer’s First Set of Interrogatories, dated July
`
`26, 2021 (Exhibit C). There were only 25 Interrogatories
`
`including subparts;
`
`b. A copy of Applicant’s Response to Opposer’s First Set of
`
`Interrogatories, dated August 25, 2021 which includes:
`
`Exhibit D_Part1: Applicant’s Response to Opposer’s First
`
`Set of Interrogatories;
`
`
`
`Page 2 of 9
`
`

`

`Exhibit D_Part 2: Applicant’s Response to Opposer’s First
`
`Set of Document Requests;
`
`Exhibit D_Part 3: Applicant’s Basic Federal Trademark
`
`Search
`
`Exhibit D_Part 4: Applicant’s Response to Trademark
`
`Search Provider’s (TTC Business Solutions) questions on
`
`proposed trademark similarity.
`
`Relevance of these Materials to this Case: Priority and likelihood of
`
`confusion are one of the Grounds for Opposition in this case.
`
`4. We must introduce into evidence our Motion to Compel
`
`Discovery (Appendix E) because Applicant refused to offer into evidence
`
`answers to certain Interrogatories, and asserted boilerplate objections to all
`
`Interrogatories. This Motion asked the Board to require that Applicant’s
`
`responses to Interrogatories No. 3, 7 and 8(d) be amended and
`
`supplemented to address evasive, false and non-responsive answers.
`
`However, the Interlocutory Attorney denied this Motion on the procedural
`
`ground that insufficient communication(s) took place with Applicant following
`
`receipt of Applicant’s responses to our Interrogatories. Relevance of these
`
`Materials to this Case: Priority and likelihood of confusion are one of the
`
`Grounds for Opposition in this case.
`
`Applicant is represented by counsel while Opposer is appearing pro
`
`se. A pro se Opposer cannot reasonably be expected to directly resolve
`
`
`
`Page 3 of 9
`
`

`

`discovery disputes with a trademark attorney. Inasmuch as the Applicant’s
`
`responses to our Interrogatories were incomplete, and contained a set of
`
`objections that are boilerplate, we believe that the Interrogatory Attorney
`
`erred by not requiring complete discovery.
`
`5. Case Law and TTAB Decisions Relating to Likelihood of Confusion
`
`Abundant case law and TTAB decisions relating to Priority and Likelihood of
`
`Confusion are useful and may be cited. All of the following Federal Court
`
`decisions were downloaded from Casetext.com and are attached as exhibits.
`
`All of the TTAB decisions were downloaded from TTABVIEW and are attached
`
`as exhibits.
`
`Majestic Distilling Co., 315 F.3d 1311, 65 USPQ2d 1201 (Fed. Cir.
`
`2003);
`
`M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 78 USPQ2d
`
`1944, 1947 (Fed. Cir. 2006);
`
`Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 192
`
`USPQ 24, 29 (CCPA 1976);
`
`Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 110
`
`USPQ2d 1157, 1161 (Fed. Cir. 2014);
`
`Octocom Sys., Inc. v. Houston Computers Servs. Inc., 918 F.2d 937,
`
`16 USPQ2d 1783, 1787 (Fed. Cir. 1990);
`
`Palm Bay Imports Inc. v. Veuve Clicquot Ponsardin, 396 F.3d 1369, 73
`
`USPQ2d 1689, 1691 (Fed. Cir. 2005);
`
`
`
`Page 4 of 9
`
`

`

`Metro Traffic Control, Inc. v. Shadow Network Inc., 104 F.3d 336, 41
`
`USPQ2d 1369, 1373 (Fed. Cir. 1997);
`
`In re i.am.symbolic, llc, 866 F.3d 1315 (Fed. Cir. 2017) (Precedent of
`
`the TTAB).
`
`C. USPTO Proceedings Leading to this Opposition
`
`6. We introduce into evidence (Exhibit F) the outgoing Office
`
`Action of June 14, 2018 by former Trademark Examining Attorney Linda
`
`Estrada. The reason for this inclusion is that, in the first Office Action on the
`
`proposed mark on June 14, 2018, Ms. Estrada issued a Refusal-Likelihood of
`
`Confusion. This Office Action stated in part, “It is likely to cause confusion
`
`with U.S. Registration No. 3902290 for the mark AMERICAN PARTY in
`
`standard characters because it evokes a similar mental reaction as the
`
`registered mark as a result of the wording “AMERICANS PARTY.” This
`
`wording conveys the same commercial impression as the wording
`
`“AMERICAN PARTY” in the registered mark. As a result of this wording, the
`
`marks are similar in sound, appearance and commercial impression.”
`
`Relevance of these Materials to this Case: Priority and likelihood of
`
`confusion are one of the Grounds for Opposition in this case.
`
`6. We introduce into evidence the pro se applicant’s reply on
`
`December 13, 2018 (Exhibit G) which we believe to be contrary to the
`
`provisions of the Lanham Act. In an incomprehensible about-face, Ms.
`
`Estrada accepted this reply without further objection and allowed this
`
`
`
`Page 5 of 9
`
`

`

`application to be published for opposition. We believe this was an error.
`
`Relevance of these Materials to this Case: Priority and likelihood of
`
`confusion are one of the Grounds for Opposition in this case.
`
`II.
`
` Evidence Relating to Trademark Act Section 2(e)(1)
`
`A. Case Law and USPTO Decisions Relating to the Second Ground
`
`for Opposition: The Proposed Mark is Merely Descriptive.
`
`Opposer enters the following evidence relating to Trademark Act
`
`Section 2(1). A mark is merely descriptive if it describes an ingredient,
`
`quality, characteristic, function, feature, purpose, or use of an applicant’s
`
`services.
`
`TMEP §1209.01(b); see, e.g.,
`
`In re TriVita, Inc., 783 F.3d 872, 874, 114 USPQ2d 1574, 1575 (Fed.
`
`Cir. 2015) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71
`
`USPQ2d 1370, 1371 (Fed. Cir. 2004));
`
`In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421
`
`(Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents ,
`
`252 U.S. 538, 543 (1920));
`
`In re Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356,
`
`1366, 101 USPQ2d 1713, 1719 (Fed. Cir. 2012);
`
`The proposed mark “UNITED AMERICANS PARTY” contains the merely
`
`descriptive words “UNITED AMERICANS” as well as “PARTY.” Only where the
`
`combination of descriptive terms creates a unitary mark with a unique,
`
`
`
`Page 6 of 9
`
`

`

`incongruous, or otherwise nondescriptive meaning in relation to the services
`
`is the combined mark registrable.
`
`In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384
`
`(C.C.P.A. 1968);
`
`In re Abcor Dev. Corp., 588 F.2d 811, 200 USPQ 215, 218 (CCPA
`
`1978)
`
`In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
`
`Additional case law and TTAB decisions are of public record and may
`
`be cited.
`
`III. Evidence Relating to Trademark Act Section 2(e)(2)
`
`Case Law and USPTO Decisions Relating to the Third Ground for
`
`Opposition: The Proposed Mark is Primarily Geographically Descriptive. We
`
`enter into evidence relevant case law including, but not limited to, the
`
`following:
`
`In re Societe Generale des Eaux Minerals de Vittel S.A., 824 F.2d 957,
`
`3 USPQ2d 1450, 1452 (Fed. Cir. 1987)
`
`In re Carolina Apparel, 48 USPQ2d 1542 (TTAB 1998)
`
`IV.
`
`Evidence Relating to Discovery Conference
`
`Complete Discovery was not obtained in this case because our Motion
`
`to Compel Discovery was denied by the Interlocutory Attorney. The stated
`
`reason for this denial was that Opposer made an insufficient effort to
`
`discuss, meet with and resolve discovery disputes with Applicant’s attorney.
`
`
`
`Page 7 of 9
`
`

`

`The Interlocutory Attorney stated: “Opposer chose not to meet and confer
`
`with Applicant, to actually discuss the matters it set forth in the draft motion
`
`to compel, before filing it.” However, Opposer is appearing pro se and could
`
`not reasonably be expected to resolve such a dispute. Further, the parties
`
`stipulated during the Discovery Conference that all communications between
`
`Opposer and Applicant would be via e-mail.
`
`We attach an Affidavit (Exhibit H Parts 1 and 2) attesting to the
`
`agreements and stipulations reached in the July 28, 2020 Discovery
`
`Conference. These do not include verbal conferences or meetings between
`
`Opposer and Applicant’s attorney.
`
`
`
`
`
`
`
`Roger E. Cowles
`Lead Director
`American Party, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`March 19, 2022
`
`Page 8 of 9
`
`

`

`CERTIFICATE OF SERVICE
`
` hereby certify that on March 19, 2022 I caused a true and correct copy
`
` I
`
`of American Party, Inc.’s OPPOSER’S NOTICE OF RELIANCE to Paul M.
`
`Stuart to be served by email address JeffMFurr@FurrLawFirm.com on Attorney
`
`Jeffrey M. Furr, 2622 Debolt Road, Utica, Ohio 43080.
`
`
`
`
`
`
`
` By,
`
`
`
`
`
` Roger E. Cowles
`Lead Director
`American Party, Inc.
`
`
`
`
`
`
`Page 9 of 9
`
`

`

`qanited States of Amery,
`Antted States Patent and Trademark Office
`lly
`
`AMERICAN PARTY
`
`Reg. No. 3,902,290
`COWLES, ROGER E (UNITED STATES INDIVIDUAL)
`P.O. BOX 457
`
`Registered Jan. 4, 2011 ELIZABETH, NJ 07207
`
`
`
`FOR: POLITICAL ACTION COMMITTEE SERVICES, NAMELY, PROMOTING THE IN-
`
`TERESTSOF U.S. CITIZENS IN THE FIELD OF POLITICS,IN CLASS35 (U.S. CLS. 100, 101
`AND 102).
`
`Int. Cls.: 35 and 36
`
`SERVICE MARK
`
`SUPPLEMENTAL REGISTER
`
`
`
`Director ofthe United States Patent and ‘l'sademarkOffice
`
`
`
`
`FIRST USE 2-4-2010; INCOMMERCE2-4-2010.
`
`
`
`FOR: POLITICAL FUND RAISING SERVICES, IN CLASS 36 (U.S. CLS. 100, 101 AND 102).
`
`FIRST USE 2-4-2010; IN COMMERCE2-4-2010.
`
`THE MARK CONSISTS OF STANDARID CHARACTERS WITHOUT CLAIM ‘TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`T,
`
`NO CLAIM I8 MADE TO TH.
`
`
` EXCLUSIVE RIGHT TO USE "PARTY", APART FROM THI Uy]
`MARK AS SHOWN.
`
`
`
`
`
` SER. NO. 77-814.576, FILED PR. 8-27-2009; AM. S.R. 4-8-2010.
`
`
`
`GIANCARLO CASTRO, EXAMINING ATTORNEY
`
`

`

`3/12/22, 10:48 AM
`
`Trademark Status & Document Retrieval
`
`For assistance with TSDR, email teas@uspto.gov and include your serial number, the document you are looking for,
`and a screenshot of any error messages you have received.
`
`Processing Wait Times: Please note that due to an extraordinary surge in applications, processing times are longer than
`usual. See current trademark processing wait times for more information.
`
`STATUS
`
`DOCUMENTS
`
`MAINTENANCE
`
`Back to Search
`
`Print
`
`Generated on: This page was generated by TSDR on 2022-03-12 10:43:40 EST
`
`Mark: AMERICAN PARTY
`
`US Serial Number: 77814576
`
`US Registration Number: 3902290
`
`Register: Supplemental
`
`Mark Type: Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing Date: Aug. 27, 2009
`
`Registration Date: Jan. 04, 2011
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Offic
`
`Amended to Principal
`Register:
`
`No
`
`Date Amended to Current
`Register:
`
`Apr. 08, 2010
`
`Status: The registration has been renewed.
`
`Status Date: Dec. 01, 2021
`
`Mark Information
`
`Goods and Services
`
`Basis Information (Case Level)
`
`Current Owner(s) Information
`
`
`
`Owner Name: AMERICAN PARTY
`
`DBA, AKA, Formerly: DBA American Party, Inc.
`
`Owner Address: P.O. BOX 457
`ELIZABETH, NEW JERSEY UNITED STATES 07207
`
`Legal Entity Type: NON-PROFIT CORPORATION
`
`State or Country Where
`Organized:
`
`WYOMING
`
`Attorney/Correspondence Information
`
`Attorney of Record - None
`
`https://tsdr.uspto.gov/#caseNumber=77814576&caseType=SERIAL_NO&searchType=statusSearch
`
`Privacy - Terms
`
`1/2
`
`

`

`3/12/22, 10:48 AM
`Correspondent
`Correspondent
`Name/Address:
`
`Trademark Status & Document Retrieval
`
`AMERICAN PARTY
`P.O. BOX 457
`ELIZABETH, NEW JERSEY UNITED STATES 07207
`
`Phone: 201-724-7131
`
`Correspondent e-mail: organizers@americanparty.mobi
`rcowles@earthlink.net
`
`Correspondent e-mail
`Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`TM Staff and Location Information
`
`Assignment Abstract Of Title Information - Click to Load
`
`Proceedings - Click to Load
`
`https://tsdr.uspto.gov/#caseNumber=77814576&caseType=SERIAL_NO&searchType=statusSearch
`
`Privacy - Terms
`
`2/2
`
`

`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`AMERICAN PARTY, INC.
`
`Opposition No. 91248963
`Serial No. 87809067
`Mark: United Americans Party
`
`
`
`
`
`
`
`
`
`
`
`Opposer,
`
`v.
`
`PAUL MICHAEL STUART
`
`Applicant,
`
`
`
`
`
`INTERROGATORIES AND REQUEST
`FOR PRODUCTION OF DOCUMENTS
`DIRECTED TO PAUL MICHAEL STUART
`
`Opposer American Party, Inc. propounds the following Interrogatories
`
`and Request For Production of Documents pursuant to Fed. R. Civ. Pro. 26,
`
`33 and 34, to be answered under oath pursuant to said rules by Paul
`
`Michael Stuart. You are required to answer these interrogatories separately
`
`and fully in writing, under oath. All of these interrogatories and document
`
`requests are directly and incontrovertibly related to your Application and
`
`filings with the USPTO. You are required to respond to these interrogatories
`
`no later than thirty (30) calendar days after receipt of these interrogatories,
`
`via e-mail to the undersigned at: organizers@americanparty.mobi.
`
`Federal agencies such as the U.S. Patent and Trademark Office
`
`rely upon truthful information in order to make informed decisions.
`
`For this reason Discovery must include inquiries relating to all of
`
`
`
`Page 1 of 18
`
`

`

`
`
`Applicant’s statements and representations in this case. You may
`
`answer these interrogatories using this document if you have access to MS
`
`Word. You may also answer these interrogatories with a separate Microsoft
`
`Word or WordPerfect document using a numbering system that corresponds
`
`to the numbering system below. Alternatively, if you do not have access to
`
`Microsoft Word or WordPerfect, please answer with your word processor and
`
`then convert the document to the MS Word, WordPerfect or PDF document
`
`format before sending it to us. If your answers are incomplete, illegible,
`
`missing, out of order, obviously false or unresponsive, a Motion to Compel
`
`will be promptly filed.
`
`I.
`
` DEFINITIONS AND INSTRUCTIONS
`
`Unless otherwise indicated the following Definitions and Instructions
`
`shall be applicable.
`
`“You and Your" refers to the party to whom these Requests for
`
`Production of Documents are addressed, and includes the knowledge and
`
`information held by your agents, employees, partners, servants and
`
`representatives and found within and among the records held and
`
`maintained by you.
`
`(a) The terms “person” and "persons” include natural persons firms,
`
`associations, partnerships, corporations and other legal entities and
`
`
`
`Page 2 of 18
`
`

`

`
`
`
`
`includes principals, employees, agents, attorneys, consultants and
`
`other representatives
`
`(b)
`
`“Communication” means any transmission, exchange, or imparting
`
`of information or thoughts by oral, written, pictorial or other means,
`
`including but not limited to personal conversations, conferences,
`
`telephone conversations, electronic mail, computer disk or other
`
`media, reports and publications, and shall include any means of
`
`conveying a message from one or more persons to one or more
`
`Persons, and shall be given the broadest possible interpretation.
`
`(c) Notwithstanding any other limiting language to the contrary,
`
`identify or a request for identification or identity means:
`
`(1) when used with respect to a natural person: to state
`
`that person's full name, last known address and telephone
`
`number; last known job or position and employer's name;
`
`and all past jobs, positions and business affiliations with
`
`the Applicant;
`
`(2) when used with respect to a person other than a
`
`natural person! the full name and type of organizations,
`
`the address of its principal place of business (including
`
`street: name and number, city or town, state, Zip code
`
`and telephone number) and the jurisdiction and place of its
`
`incorporation or organization;
`
`Page 3 of 18
`
`

`

`
`
`
`
`
`(3) when used with respect to a document (a) a general
`
`description of the type of document (e.g., letter, record,
`
`list, memorandum, report), (b) the date and, if applicable,
`
`title of the document; (c) identification of the addressees)
`
`and/or other recipient(s) of the document;
`
`(d)
`
`identification of the person(s) who has possession,
`
`custody of control over the original documents; (e)
`
`identification of each person who has possession, custody
`
`or control over each copy of the document; (f) a
`
`description of the general nature of the subject matter of
`
`the document, and (g) if the documents was, but no
`
`longer is in your custody, possession or control, the
`
`disposition that was made of the document, the date of
`
`such disposition, the location of all duplicates or copies, all
`
`persons who have seen the documents, duplicates or
`
`copies, all other documents that refer or relate to the
`
`disposed of document and as much detail as possible
`
`about the content of the document. Any identification of a
`
`document should be made with no less than reasonable
`
`particularity to the applicable discovery production of the
`
`document pursuant to the applicable discovery rule
`
`pertaining to discovery of documents;
`
`Page 4 of 18
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`

`

`
`
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`(4) when referring to a communication, state the type of
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`of communication (examples: "conversation" “conference”,
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`“letter” etc.), the date thereof, and the parties thereto; if
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`the Communication comprises a document to identify the
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`document as set forth above; if the communication
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`comprises a conversation, to state the substance, place
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`and approximate time thereof, and the identities of the
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`parties thereto as well as others who were present or privy
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`to the conversation; and
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`(5) when used in reference to an act or occurrence: to
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`state the substance of the act or occurrence; the date,
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`time and place of performance of the act or occurrence;
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`and to identify all other persons present.
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`(d) A communication or document "relating", "related'' or "which
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`relates” to any given subject means a communication or document
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`that constitutes, contains, embodies, evidences, reflects, identifies,
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`states, refers to, deals with, bears upon, or is in any way pertinent
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`to that subject, including without limitation documents concerning
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`the preparation of other documents.
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`(e)
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`“Documents” refers, without limitation, to any medium upon which
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`information can be reached, including all matter referred to in Fed.
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`R. Civ. P. 34(a) after the word "documents" and also all copies,
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`drafts, or reproductions of any document, in any tangible form or
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`which can be put into tangible form, including, without limiting the
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`generality of the foregoing, any form of writing or memorialization
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`relating to any means of communication. The term includes any
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`non-identical copies of any written or graphic matter no matter how
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`produced, recorded, stored or reproduced, including, but not limited
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`to, any writing, letter, telegram, meeting minute, memorandum,
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`statement, book, record, survey, map, study, handwritten notes,
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`working paper, chart, tabulation, graph, tape, photographs, charts,
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`microfiche, microfilm, videotape, recordings, motion pictures, plans,
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`drawings, surveys, and electronic, mechanical, magnetic, optical or
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`electric records or representations of any kind including data
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`sheets, data processing cards, printout, computer disks, microfilm,
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`index, or any other data compilation in your possession, custody or
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`control including all drafts and non-identical copies of all such
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`documents, including metadata. The phrase "other data
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`compilation” includes, but is not limited to, any material stored an
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`or accessible through a computer or other information retrieval
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`system.
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`(f) When production of any document in Applicant’s possession is
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`requested, such request includes documents subject to the
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`Applicant’s possession, custody or control. In the event that
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`Applicant is able to provide only part of the document(s) called for
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`in any particular Request for Production, provide all document(s)
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`that Applicant is able to provide and state the reason, if any, for the
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`inability to provide the remainder.
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`(g) Time period covered: unless otherwise indicated, each answer you
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`provide shall give the requested information for the time period
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`from February 12, 2018, the date of your Application with the U.S.
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`Patent & Trademark Office, until the present. When the information
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`or answer requested changes during said time period, your answer
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`shall reflect all such changes and shall give the date of each such
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`change.
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`(h) Duties to supplement Answers: The interrogatories contained
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`herein are continuing in character so as to require you to file
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`supplementary answers if you obtain further material information or
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`acquire additional information or knowledge at any time between
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`the Answers to these Interrogatories and Production of these
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`requests and the date of trial or any hearing in this case which in
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`any way alters, supplements or otherwise affects your previous
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`Answers or Production of Documents, you shall forthwith serve
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`Supplemental Answers and Production of Documents, without
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`further request, setting forth all such additional knowledge or
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`information as becomes known.
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`(i)
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`Knowledge and Information: Where knowledge or information in
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`possession of a party is requested, such request includes the
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`knowledge of that party’s agents, representatives and, unless
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`privileged, attorneys.
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`(j)
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`Claim of Privilege: In the event you claim any form of privilege as
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`to any document called for by any numbered request, or that
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`disclosure of any such document would reveal a trade secret or
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`other form of information which merits protection under the law
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`other than privilege you are requested to identify the said
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`document by its date, all author(s), recipient(s), and all other
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`persons who are known to have seen the document, and the
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`general nature of the document without disclosing any claimed
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`privileged information, and as to each such documents state the
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`nature and basic of the privilege claimed; the identity and position,
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`if any, of the person or persons supplying the attorney signing the
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`list with the information requested in subparagraphs above. You
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`are further requested to state whether you will permit in camera
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`inspection by the court to determine the validity and
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`appropriateness of such claim of privilege.
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`(k) Wherever used herein, the singular shall be deemed to include the
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`plural, and the plural shall be deemed to include the singular; the
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`masculine shall be deemed to include the feminine, and the
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`feminine shall be deemed to include the masculine, the disjunctive
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`("or") shall be deemed to include the conjunctive “and"), and the
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`conjunctive ("and') shall be deemed to include the disjunctive
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`("or"); and each of the functional words “each,” "every,” "any,"
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`and “all” shall be deemed to include each of the other functional
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`words.
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`II.
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` INTERROGATORIES DIRECTED to PAUL MICHAEL STUART
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`INTERROGATORY NO. 1 List the names and business addresses of all
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`attorneys who you communicated with about this Application, if any, prior
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`to your pro se Application filing. If you did not communicate with any
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`attorney(s), please answer with “none” or equivalent wording.
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`INTERROGATORY NO. 2 Did you, or did you not, search for
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`servicemarks that could be considered confusingly similar to your proposed
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`mark before filing your Application?
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`a. If you searched, describe your search method and what, if
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`any, servicemarks you found.
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`INTERROGATORY NO. 3 Did you understand at the time of your
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`Application that this filing began a legal process?
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`INTERROGATORY NO. 4 Your Application required you to sign a
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`verified statement pursuant to 15 U.S.C. §1051(a)(3)(D) that reads:
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`“to the best of the verifier’s knowledge and belief, no other person has
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`the right to use such mark in commerce either in the identical form thereof
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`or in such near resemblance thereto as to be likely, when used on or in
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`connection with the goods of such other person, to cause confusion, or to
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`cause mistake, or to deceive, except that, in the case of every application
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`claiming concurrent use, the applicant shall—
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`(i) state exceptions to the claim of exclusive use; and
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`(ii) shall specify, to the extent of the verifier’s knowledge—
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`§ (I) any concurrent use by others;
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`§ (II) the goods on or in connection with which and the
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`areas in which each concurrent use exists;
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`§ (III) the periods of each use; and
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`§ (IV) the goods and area for which the applicant desires
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`registration.”
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`Did you read and fully understand this requirement when signing your
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`Application?
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`INTERROGATORY NO. 5 On p. 3 of your reply on December 13, 2018
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`to the Office Action of June 14, 2018 you stated that “Applicant’s
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`trademark UNITED AMERICANS PARTY differs in appearance from the
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`blocking trademark in that it is spelled differently, looks different and has
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`less words than the blocking trademark.”
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`a. In what way does your proposed mark “United Americans Party”
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`have fewer words than the registered mark “American Party?”
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`b. Both Applications for “American Party” and “United Americans
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`Party” included the required USPTO Mark Statement: “The mark
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`consists of standard characters, without claim to any particular
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`font style, size or color.” Therefore, what difference does it make if
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`the two marks “look different” as you stated?
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`INTERROGATORY NO. 6 On p. 7 of your reply on December 13, 2018
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`to the Office Action of June 14, 2018 you stated that “The Applicant’s goods
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`and services are marketed in a manner distinct from the marketing of the
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`cited trademark(s). Specifically, Applicant markets its goods and services
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`by and through Internet Website, Social Media (e.g., Facebook, Instagram,
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`Twitter), Television, Radio, Newspaper(s) Magazine(s) and Direct mail,
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`Catalogs or Leaflets.”
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`a. List the Internet domain(s) that you have you registered for the
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`commercial use of “United Americans Party” including the specific
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`domain name and date of registration.
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`b. List the name of the Facebook account(s) that you have registered
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`for the commercial use of “United Americans Party” including the
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`account name and date of creation.
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`c. List the name of the Instagram account(s) that you have registered
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`for the commercial use of “United Americans Party” including the
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`account name and date of creation.
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`d. List the name of the Twitter account(s) that you have registered for
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`the commercial use of “United Americans Party” including the account
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`name and date of creation.
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`e. List the television channels, program details and run dates for all
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`commercial appearances by, or on behalf of, “United Americans
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`Party.”
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`f. List the radio stations, program details, and run dates for all
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`commercial broadcasts or advertisements by, or on behalf of, “United
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`Americans Party.”
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`g. List all newspaper columns, articles, publications or advertisements
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`by, or on behalf of, of “United Americans Party.”
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`h. List all magazine columns, articles, publications or advertisements
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`by, or on behalf of, “United Americans Party.”
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`i. List the Internet World Wide Name URL(s) of all Internet websites
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`you have created and maintained for the commercial use of “United
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`Americans Party.”
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`j. Provide the publication details including the distribution companies
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`and methods for all direct mailing efforts for the commercial use of
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`“United Americans Party.”
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`k. List the names of the catalogs and publication dates for all catalog
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`commercial listings and advertisements for, or on behalf of, “United
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`Americans Party.”
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`l. List the names, creation methods and distribution methods including
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`evidence of creation and distribution for all leaflets made, or on
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`behalf of, “United Americans Party.”
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`INTERROGATORY NO. 7 You told the USPTO on December 13, 2018
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`in your reply to an Office Action that “The Applicant’s goods and services
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`are marketed in a manner distinct from the marketing of the cited
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`trademark(s). Specifically, Applicant markets its goods and services by and
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`through Internet / Website, Social Media (e.g., Facebook, Instagr