Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1012864
`11/01/2019
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Cosmetic Warriors Limited
`
`Corporation
`
`Citizenship
`
`United Kingdom
`
`Suite 4, Strata House, 12-14 Castle Stre
`Dorset, BH15 1BQ
`UNITED KINGDOM
`
`Heather Kliebenstein
`Merchant & Gould P.C.
`Suite 2200
`150 South Fifth Street
`Minneapolis, MN 55402
`UNITED STATES
`hkliebenstein@merchantgould.com, dockmpls@merchantgould.com, ak-
`rueger@merchantgould.com
`612-332-5300
`
`Applicant Information
`
`Application No
`
`88478322
`
`Publication date
`
`10/15/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`11/01/2019
`
`Opposition Peri-
`od Ends
`
`11/14/2019
`
`TDSL Enterprises LLC
`5427 NW 48 St
`Coconut Creek, FL 33073
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 010. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Acupressure mats; Apparatus for acupres-
`sure therapy; Apparatus for dispensing non-medical oxygen and aromatherapy that also utilizes light,
`sound, and vibration for relaxation therapy; Electric foot spa massagers; Electric massage apparatus
`for household use; Electronic light therapy apparatus for the skin; Electrotherapy devices for provid-
`ing transcutaneous electrical nerve stimulation, infraredheat and compression; Foam rollers for use in
`physical therapy; Foot massage apparatus; Hot or cold therapy wraps; Manually-operated resistance
`bands for physical therapy purposes; Massage apparatus;Massage apparatus for massaging
`scalps,necks, shoulders, backs, arms, legs, hands, feet; Massage chairs with built-in massage appar-
`atus; Massaging apparatus for personal use; Orthopedic braces; Posture correction device, namely,
`an adjustable harness to correct one's posture for medical purposes; Sensory light therapy unit;
`Therapeutic cold therapy packs; Therapeutic hot therapy packs; Therapeutic hot and cold therapy
`packs; Therapeutic white noise machines
`
`Grounds for Opposition
`
`

`

`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2853483
`
`Registration Date
`
`06/15/2004
`
`Application Date
`
`11/25/2002
`
`Foreign Priority
`Date
`
`08/14/2002
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`LUSH
`
`NONE
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`bringing together, for the benefit of others, of a variety of goods enabling cus-
`tomers to conveniently view and purchase those goods in a retail cosmetics and
`toiletries store; the bringing together,for the benefit of others, of a varietyof
`goods, enabling customers to conveniently view and purchase those goods
`froma mail order catalogue, or from an Internet web site, specializing in the mar-
`keting of cosmetics and toiletries
`
`U.S. Registration
`No.
`
`3001303
`
`Registration Date
`
`09/27/2005
`
`Word Mark
`
`Design Mark
`
`LUSH
`
`Application Date
`
`04/27/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 016. First use: First Use: 1996/05/00 First Use In Commerce: 1996/06/00
`Catalogues listing and illustrating cosmetics and toiletry products; printed
`product lists featuring cosmetic products and toiletry products; printed point of
`sales display in the nature of signs anddisplay boards; and paper bags
`
`

`

`U.S. Registration
`No.
`
`2282428
`
`Registration Date
`
`10/05/1999
`
`Word Mark
`
`Design Mark
`
`LUSH
`
`Application Date
`
`02/25/1997
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 1995/04/10 First Use In Commerce: 1996/06/00
`perfumes; non-medicated toilet and cosmetic preparations, namely, lotions,
`powders and creams for use on the skin, [dentifrices, cosmetic depilatory
`creams,] personal deodorants, preparations for thecare of the hair, shampoos,
`soaps [, and essential oils for personal use]
`Class 005. First use: First Use: 1995/04/10 First Use In Commerce: 1996/06/00
`[medicated hair care, skin care, teeth care and nail care preparations]
`
`U.S. Registration
`No.
`
`3102767
`
`Registration Date
`
`06/13/2006
`
`Application Date
`
`01/06/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`LUSH FRESH HANDMADE COSMETICS
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 1996/06/00 First Use In Commerce: 2002/12/00
`Perfumes; non-medicated toilet and cosmetic preparations, namely lotions,
`powders and creams for use on the skin; preparations for cleansing and care of
`the skin; bath oils in solid and liquid form; personal deodorants; hair care prepar-
`ations; oil based massage bars that melt oncontact with the skin; solid moistur-
`izers and skin conditioners in the form of a paste or face mask; bath bars that
`melt on contact with hot water to produce asoapy or oily suspension; soaps; and
`essential oils for personal use
`
`

`

`U.S. Registration
`No.
`
`3008685
`
`Registration Date
`
`10/25/2005
`
`Word Mark
`
`Design Mark
`
`LUSH
`
`Application Date
`
`04/27/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 1995/04/10 First Use In Commerce: 1996/06/00
`Perfumes; non-medicated toilet and cosmetic preparations, namely lotions,
`powders and creams for use on the skin; preparations for cleansing and care of
`the skin; bath oils in solid and liquid form; personal deodorants; hair care prepar-
`ations; oil based massage bars that melt oncontact with the skin; solid skin
`moisturizers and skin conditioners in the form of a paste or face mask; bath bars
`that melt on contact with hot water to produce a soapy or oily suspension;
`soaps; and essential oils for personal use
`
`U.S. Registration
`No.
`
`3987808
`
`Registration Date
`
`07/05/2011
`
`Word Mark
`
`Design Mark
`
`LUSH
`
`Application Date
`
`11/04/2005
`
`Foreign Priority
`Date
`
`06/21/2005
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 044. First use: First Use: 0 First Use In Commerce: 0
`Hair salon services, namely, hair styling, coloring, washing, shampooing, condi-
`tioning, applying hair masks, head massages, and scalp massages; Beauty
`salon therapy services, namely, cleansing of theskin, applying face masks, ap-
`plying back pack masks, skin peelers, steam treatments, toning, shaving, exfoli-
`ation treatments, treatments using creams and lotions against problem skin or
`older skin, and facial and body treatments consistingof a combination of creams/
`lotions and massage; Beauty salon services; Aromatherapy services; Skin care
`salon services;Massage services; Nail care and manicure services; Trichology
`services, namely,providing advice and consultancy relating to hair disorders in
`the nature of greasy hair, lank hair, dry hair, dandruffand split hairs; Counseling,
`advisory and information services in the field of beauty and cosmetics, and
`providing information about beauty by way of beauty demonstrations
`
`U.S. Registration
`No.
`
`4118438
`
`Registration Date
`
`03/27/2012
`
`Word Mark
`
`Design Mark
`
`LUSH
`
`Application Date
`
`08/09/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 1995/04/10 First Use In Commerce: 1996/06/00
`Cosmetics
`
`U.S. Registration
`No.
`
`4532289
`
`Registration Date
`
`05/20/2014
`
`Word Mark
`
`Design Mark
`
`LUSH TIMES
`
`Application Date
`
`06/12/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`
`NONE
`
`

`

`Mark
`
`Goods/Services
`
`Attachments
`
`Class 016. First use: First Use: 1996/00/00 First Use In Commerce: 1996/00/00
`publications, namely, a magazine featuring cosmetics, hair care, skincare, cul-
`ture, current events, humanitarianism, animal welfare and the environment
`
`78408741#TMSN.png( bytes )
`75247408#TMSN.png( bytes )
`76627078#TMSN.png( bytes )
`78408752#TMSN.png( bytes )
`78747180#TMSN.png( bytes )
`85393077#TMSN.png( bytes )
`85958039#TMSN.png( bytes )
`2019 11 01 Notice of Opposition.pdf(639033 bytes )
`
`Signature
`
`/Heather Kliebenstein/
`
`Name
`
`Date
`
`Heather Kliebenstein
`
`11/01/2019
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`16244.0082USTU
`
`
`
`Cosmetic Warriors Limited,
`
`
`
`
`Opposer,
`
`
`
`TDSL Enterprises LLC,
`
`
`
`
`Applicant
`
`
`
`
`
`
`
`
`v.
`
`
`
` Opposition No. ____________
`
` Serial No.: 88/478,322
`
` Mark: LUSH WELLNESS
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`
`
`
`Cosmetic Warriors Limited, a corporation duly organized and existing under the laws of
`
`NOTICE OF OPPOSITION
`
`the United Kingdom, with a mailing address of Suite 4, Strata House, 12-14 Castle Street, Dorset
`
`BH15 1BQ, United Kingdom (“Cosmetic Warriors” or “Opposer”), believes that it will be
`
`damaged by the registration of the LUSH WELLNESS mark shown in Application Serial No.
`
`88/478,322 (the “Application”), filed June 18, 2019, by TDSL Enterprises LLC, a Florida limited
`
`liability company with an address at 5427 Northwest 48th Street, Coconut Creek, Florida 33073
`
`(“Applicant”) and hereby opposes registration of the mark under the following grounds:
`
`1.
`
`By the Application herein opposed, Applicants are seeking to obtain under the
`
`provisions of the Trademark Act of 1946, as amended, registration on the Principal Register of the
`
`trademark LUSH WELLNESS for the following goods in Class 10 (“Applicant’s Mark”):
`
`“Acupressure mats; Apparatus for acupressure therapy; Apparatus for dispensing
`non-medical oxygen and aromatherapy that also utilizes light, sound, and vibration
`for relaxation therapy; Electric foot spa massagers; Electric massage apparatus for
`household use; Electronic light therapy apparatus for the skin; Electrotherapy
`devices for providing transcutaneous electrical nerve stimulation, infrared heat and
`compression; Foam rollers for use in physical therapy; Foot massage apparatus;
`
`

`

`Hot or cold therapy wraps; Manually-operated resistance bands for physical therapy
`purposes; Massage apparatus; Massage apparatus for massaging scalps, necks,
`shoulders, backs, arms, legs, hands, feet; Massage chairs with built-in massage
`apparatus; Massaging apparatus for personal use; Orthopedic braces; Posture
`correction device, namely, an adjustable harness to correct one's posture for
`medical purposes; Sensory light therapy unit; Therapeutic cold therapy packs;
`Therapeutic hot therapy packs; Therapeutic hot and cold therapy packs;
`Therapeutic white noise machines.”
`
`2.
`
`Applicant filed its Application on June 18, 2019. The Application published for
`
`opposition on October 15, 2019. This Notice of Opposition is timely filed on or before the deadline
`
`of November 14, 2019.
`
`3.
`
`Opposer is the owner of the following U.S. Trademark Registrations:
`
`LUSH, U.S. Reg. No. 2,853,483, used in connection with bringing together, for
`the benefit of others, of a variety of goods enabling customers to conveniently view and
`purchase those goods in a retail cosmetics and toiletries store; the bringing together, for
`the benefit of others, of a variety of goods, enabling customers to conveniently view and
`purchase those goods from a mail order catalogue, or from an Internet web site,
`specializing in the marketing of cosmetics and toiletries, in International Class 35. Said
`registration was registered on the Principal Register on June 15, 2004 and was based on
`a foreign registration filed in the United Kingdom on August 14, 2002, which is a date
`prior to the date of filing of Applicants’ application.
`
`LUSH, U.S. Reg. No. 3,001,303, used in connection with catalogues listing and
`illustrating cosmetics and toiletry products; printed product lists featuring cosmetic
`products and toiletry products; printed point of sales display in the nature of signs and
`display boards; and paper bags, in International Class 16. Said registration registered on
`the Principal Register on September 27, 2005 and was based on an application filed in
`the U.S. Patent and Trademark Office on April 27, 2004 alleging a date of first use of
`May 1996, which is a date prior to the date of filing of Applicants’ application.
`
`LUSH, U.S. Reg. No. 2,282,428, used in connection with perfumes; non-
`medicated toilet and cosmetic preparations, namely, lotions, powders and creams for use
`on the skin, dentifrices, cosmetic depilatory creams, personal deodorants, and
`preparations for the care of the hair, shampoos, soaps, and essential oils for personal use,
`in International Class 3. Said registration was registered on the Principal Register on
`October 5, 1999 and was based on an application filed in the U.S. Patent and Trademark
`Office on February 25, 1997 alleging a date of first use of April 10, 1995, which is a date
`prior to the date of filing of Applicants’ application. This registration is also
`incontestable.
`
`
`
`
` 2
`
`

`

`, U.S. Reg. No. 3,102,767, used in connection with perfumes; non-
`medicated toilet and cosmetic preparations, namely lotions, powders and creams for use
`on the skin; preparations for cleansing and care of the skin; bath oils in solid and liquid
`form; personal deodorants; hair care preparations; oil based massage bars that melt on
`contact with the skin; solid moisturizers and skin conditioners in the form of a paste or
`face mask; bath bars that melt on contact with hot water to produce a soapy or oily
`suspension; soaps; and essential oils for personal use, in International Class 3. Said
`registration registered on the Principal Register on June 13, 2006 and was based on an
`application filed in the U.S. Patent and Trademark Office on January 6, 2005 alleging a
`date of first use of June 1996, which is a date prior to the date of filing of Applicants’
`application.
`
`LUSH, U.S. Reg. No. 3,008,685, used in connection with perfumes; non-
`medicated toilet and cosmetic preparations, namely lotions, powders and creams for use
`on the skin; preparations for cleansing and care of the skin; bath oils in solid and liquid
`form; personal deodorants; hair care preparations; oil based massage bars that melt on
`contact with the skin; solid skin moisturizers and skin conditioners in the form of a paste
`or face mask; bath bars that melt on contact with hot water to produce a soapy or oily
`suspension; soaps; and essential oils for personal use, in International Class 3. Said
`registration registered on the Principal Register on October 25, 2005 and was based on
`an application filed in the U.S. Patent and Trademark Office on April 27, 2004 alleging
`a date of first use of April 10, 1995, which is a date prior to the date of filing of
`Applicants’ application.
`
`LUSH, U.S. Reg. No. 3,987,808, for hair salon services, namely, hair styling,
`coloring, washing, shampooing, conditioning, applying hair masks, head massages, and
`scalp massages; beauty salon therapy services, namely, cleansing of the skin, applying
`face masks, applying back pack masks, skin peelers, steam treatments, toning, shaving,
`exfoliation treatments, treatments using creams and lotions against problem skin or older
`skin, and facial and body treatments consisting of a combination of creams/lotions and
`massage; beauty salon services; aromatherapy services; skin care salon services; massage
`services; nail care and manicure services; trichology services, namely, providing advice
`and consultancy relating to hair disorders in the nature of greasy hair, lank hair, dry hair,
`dandruff and split hairs; counseling, advisory and information services in the field of
`beauty and cosmetics, and providing information about beauty by way of beauty
`demonstrations, in International Class 44. Said registration registered on the Principal
`Register on July 5, 2011 alleging a date of first use of April 10, 1995, which is a date
`prior to the date of filing of Applicants’ application.
`
`LUSH, U.S. Reg. No. 4,118,438, for cosmetics in International Class 3. Said
`registration registered on the Principal Register on October 25, 2005 and was based on
`an application filed in the U.S. Patent and Trademark Office on March 27, 2012 alleging
`a date of first use of April 10, 1995, which is a date prior to the date of filing of
`Applicants’ application.
`
`
`
` 3
`
`

`

`
`LUSH TIMES, U.S. Reg. No. 4,532,289, for publications, namely, a magazine
`featuring cosmetics, hair care, skincare, culture, current events, humanitarianism, animal
`welfare and the environment in International Class 16. Said registration registered on the
`Principal Register on May 20, 2014 alleging a first use date of 1996 which is a date prior
`to the date of filing of Applicants’ application.
`
`
`Reports from the USPTO’s Trademark Status and Document Retrieval (TSDR) database
`
`corresponding to each of the above LUSH registrations and application are attached hereto as
`
`Exhibits A – H.
`
`4.
`
`Opposer’s registered marks are valid and subsisting, and are prima facie or
`
`conclusive evidence of Opposer’s exclusive right to use said mark in commerce on the goods and
`
`services specified in each registration.
`
`5.
`
`Since at least as early as April 10, 1995, Opposer has used the LUSH mark in the
`
`United States. Said use has been continuous since that date. None of Opposer’s registered
`
`trademark rights have been abandoned.
`
`6.
`
`In addition to Opposer’s LUSH registrations identified above, Opposer also owns
`
`common law rights in the trademark LUSH in connection with a wide array of goods and services,
`
`including many that are closely related to those listed in the opposed Application. By way of
`
`example, Opposer sells or has recently sold with intent to sell again aromatherapy products, skin
`
`care and rejuvenation products, wraps, and massage products such as those listed in the opposed
`
`Application. The first of said sales occurred long before the June 18, 2019 filing date of the
`
`Application.
`
`7.
`
`Opposer makes, sells, and provides a variety of products and services through its
`
`approximately 900 retail locations worldwide. Opposer operates these stores itself, or through
`
`entities licensed to use the LUSH marks. Opposer operates these shops under the name and
`
`
`
` 4
`
`

`

`trademark LUSH. The LUSH shops have been in continuous operation since the mid 1990’s and
`
`have operated in the United States continuously since 2002.
`
`8.
`
`Opposer and its licensees also operate various e-commerce websites, including
`
`www.lush.com, www.lushusa.com, and www.uk.lush.com, where LUSH products and services
`
`are promoted and sold to consumers around the world, including in the United States.
`
`9.
`
`Opposer’s LUSH mark is well known and famous in the United States. Hundreds
`
`of millions of dollars of LUSH products and services have been sold in the United States.
`
`Opposer’s LUSH brand has been the subject of thousands of unsolicited media mentions, including
`
`on television, radio, print media, and online. Millions of dollars have been spent promoting the
`
`LUSH mark in the United States through a variety of channels.
`
`10.
`
`Opposer’s LUSH mark points directly and uniquely to Opposer and has become so
`
`well-known with consumers that LUSH serves as the identity of Opposer, many of whom do not
`
`know Opposer’s corporate name, Cosmetic Warriors Limited, and know Opposer simply as LUSH.
`
`11.
`
`Opposer has priority with respect to the LUSH mark at issue in this proceeding.
`
`Opposer has had priority of use of the LUSH mark long before the June 18, 2019 filing date of the
`
`Application.
`
`12.
`
`Applicant’s Mark is confusingly similar to Opposer’s LUSH marks. The marks are
`
`highly related as they both feature the same dominant term LUSH. Indeed, Opposer’s renowned
`
`LUSH mark is reproduced as the leading term in Applicant’s Mark.
`
`13.
`
`The goods listed in Applicant’s Mark are closely related to the goods that Cosmetic
`
`Warriors has long promoted and sold under its LUSH mark. For instance, Cosmetic Warriors’ U.S.
`
`Registrations for its LUSH mark cover aromatherapy and massage products, including
`
`
`
` 5
`
`

`

`therapeutically scented massage bars. Moreover, Cosmetic Warriors has long provided
`
`aromatherapy and massage services within its LUSH retail shops.
`
`14.
`
`Applicant’s Mark creates a false association with Opposer. The parties’ marks have
`
`an overall similar appearance, sound, meaning and commercial impression. Consumers will
`
`mistakenly believe that Applicant’s goods are connected with, affiliated with, and/or sponsored by
`
`Opposer when the same is not true.
`
`15.
`
`Due to the confusingly similar nature of Applicant’s Mark and Opposer’s Marks
`
`and the closely related nature of the goods provided by the respective parties, consumers and
`
`potential consumers are likely to believe that Applicant’s goods originate from Opposer, resulting
`
`in a likelihood of confusion in the marketplace and damage to Opposer.
`
`16.
`
`The Application contains no restrictions as to the channels of trade used in
`
`promoting and selling the identified goods under Applicant’s Mark. Accordingly, it is presumed
`
`the products promoted and sold under Applicant’s Mark occupy all ordinary and normal channels
`
`of trade for such goods. Upon information and belief, the goods and services provided by Opposer
`
`under its LUSH marks and the goods provided by Applicant under its mark will be promoted and
`
`sold in overlapping and similar channels of trade to the same consumers or class of consumers.
`
`17.
`
`Because of the highly related and overlapping nature of the goods and services, the
`
`use of overlapping and similar channels of trade, and the confusingly similar nature of the marks
`
`in overall appearance, sound, meaning and commercial impression, use of Applicant’s Mark will
`
`be likely to cause confusion, or mistake, that Applicant’s goods are those of Opposer, or are
`
`otherwise endorsed, sponsored, or approved by Opposer causing further damage to Opposer.
`
`18.
`
`Registration of the mark shown in Application Serial No. 88/478,322 will result in
`
`damage to Opposer as it stands as an inappropriate bar to Opposer’s ability to expand its LUSH
`
`
`
` 6
`
`

`

`mark, and creates a cloud on Opposer’s title to its mark pursuant to Section 2(d) of the Trademark
`
`Act consistent with the allegations stated above.
`
`WHEREFORE, Opposer asks that its Notice of Opposition be sustained and that
`
`Application Serial No. 88/478,322 for the mark LUSH WELLNESS in connection with the goods
`
`set forth therein be refused.
`
`
`
`Please direct all correspondence to the attention of:
`
`Heather J. Kliebenstein
`Merchant & Gould P.C.
`P.O. Box 2910
`Minneapolis, MN 55402-0910
`Tel: 612-336-4616 Fax: 612-332-9081
`
`Opposer also hereby appoints: John A. Clifford, Ian G. McFarland, Danielle Mattessich, Lindsay
`
`M.R. Jones; Gregory C. Golla; Scott W. Johnston; Andrew S. Ehard; Christopher J. Schulte; and
`
`Brent Routman as its attorneys with the full power to represent the Opposer in connection with
`
`this proceeding.
`
`
`
`
`
`Date: November 1, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`COSMETIC WARRIORS LIMITED,
`
`By its attorneys,
`
`
`
`________________________
`Heather J. Kliebenstein
`Ian G. McFarland
`MERCHANT & GOULD P.C.
`P.O. Box 2910
`Minneapolis, MN 55402-0910
`Tel. 612.336.4616
`Fax 612.332.9081
`
`
`
` 7
`
`

`

`CERTIFICATE OF FILING
`
`
`I hereby certify that a true and correct copy of the foregoing NOTICE OF OPPOSITION
`
`was filed electronically with the Electronic System for Trademark Trials and Appeals this 1st day
`of November, 2019.
`
`
`
`
`s/Abigail Krueger
` Abigail Krueger
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` 8
`
`

`

`
`
`Exhibit A
`Exhibit A
`
`

`

`Status Search RN 2853483
`
`Page 1 of3
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`
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`BULK DATA: Since May 7 at 12 a.m., the TSDR Application Programming Interface (API) has not included all information. Images of trademark registration
`certificates issued since July 2016 and some office actions are absent in the API. Customers who need to retrieve a copy of a registration certificate or an office
`action should download it directly from the TSDR documents tab.|NTERM|TTENT SYSTEM ISSUES: teas@usgto.gov and include your serial number, the
`document you are looking for, and a screenshot of any error messages you have received.
`
`STATUS
`
`DOCUMENTS
`
`MAINTENANCE
`
`Back to Search
`
`E Print
`
`Generated on: This page was generated by TSDR on 2019-11-01 13:24:50 EDT
`
`Mark: LUSH
`
`No Image exists for this case.
`
`US Serial Number: 78188564
`
`US Registration Number: 2853483
`
`Register: Principal
`
`Mark Type: Service Mark
`TM5 Common Status
`Descriptor:
`
`Application Filing Date: Nov. 25, 2002
`
`Registration Date: Jun. 15, 2004
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`A Collapse All
`
`Status: The registration has been renewed.
`Status Date: Jan. 03, 2014
`
`Publication Date: Mar. 23, 2004
`
`v Mark lnformati on
`
`Mark Literal Elements: LUSH
`
`Standard Character Claim: No
`
`Mark Drawing Type:
`
`1 - TYPESET WORD(S)/LE1'I'ER(S)/NUMBER(S)
`
`v Related Properties Information
`
`Claimed Ownership of US 2282428
`Registrations:
`
`v Foreign Information
`
`Priority Claimed: Yes
`
`Foreign Application Number: 2308098
`
`Foreign Registration Number: 2308098
`
`Foreign UNITED KINGDOM
`Application/Registration
`Country:
`
`v Goods and Services
`
`Foreign Application Filing Aug. 14, 2002
`Date:
`
`Foreign Registration Date: Jan. 24, 2003
`
`Foreign Expiration Date: Aug. 14, 2012
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`- Brackets [..] indicate deleted goods/services;
`- Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`- Asterisks *..* identify additional (new) wording in the goods/services.
`For: bringing together, for the benefit of others, of a variety of goods enabling customers to conveniently view and purchase those goods in a retail
`cosmetics and toiletries store; the bringing together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and
`purchase those goods from a mail order catalogue, or from an Internet web site, specializing in the marketing of cosmetics and toiletries
`
`
`
`
`
`International Class(es): 035 - Primary Class
`Class Status: ACTIVE
`
`Basis: 44(e)
`
`U.S Class(es): 100, 101, 102
`
`http://tsdr.uspto.g0v/
`
`11/01/2019
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`http://tsdr.uspto.gov/
`
`

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`Status Search RN 2853483
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`Page 2 of 3
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`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: Yes
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Cosmetic Warriors Limited
`
`Owner Address: 29 1/2 High Street
`
`Poole, Dorset BH15 1AB UNITED KINGDOM
`
`Currently Use: No
`
`Currently ITU: No
`
`Currently 44E: Yes
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Legal Entity Type: COMPANY
`
`State or Country Where
`
`UNITED KINGDOM
`
`Organized:
`
`Attorney/Correspondence Information
`
`Attorney of Record
`
`Attorney Name: John A. Clifford
`
`Docket Number: 16244.8US01
`
`Attorney Primary Email
`
`dockmpls@merchantgould.com
`
`Attorney Email Authorized: Yes
`
`Address:
`
`Correspondent
`
`Correspondent
`
`John A. Clifford
`
`Name/Address:
`
`MERCHANT & GOULD P.C.
`
`P.O. BOX 2910
`
`MINNEAPOLIS, MINNESOTA UNITED STATES 55402-0910
`
`Phone: 612-332-5300
`
`Fax: 612.332.9081
`
`Correspondent e-mail: dockmpls@merchantgould.com
`
`Correspondent e-mail
`
`Yes
`
`Authorized:
`
`Domestic Representative
`
`Domestic Representative
`
`Frederick H. Rabin
`
`Phone: (212) 765-5070
`
`Name:
`
`Fax:
`
`(212) 258-2291
`
`Domestic Representative e-
`
`Rabin@fr.com
`
`mail:
`
`Domestic Representative e-
`
`Yes
`
`mail Authorized:
`
`Prosecution History
`
`Proceeding Number
`
`Date
`
`Jun. 28, 2019
`
`Jun. 28, 2019
`
`Oct. 10, 2018
`
`Sep. 05, 2018
`
`Jul. 31, 2018
`
`May 08, 2018
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`May 04, 2018
`
`Nov. 01, 2017
`
`Nov. 01, 2017
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`May 11, 2017
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`May 11, 2017
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`Apr. 21, 2017
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`Apr. 21, 2017
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`Jul. 06, 2016
`
`Jul. 06, 2016
`
`Description
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
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`NOTICE OF SUIT
`
`NOTICE OF SUIT
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`NOTICE OF SUIT
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`NOTICE OF SUIT
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`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`http://tsdr.uspto.gov/
`
`11/01/2019
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`

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`Status Search RN 2853483
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`Page 3 of 3
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`Aug. 15, 2014
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`Jan. 03, 2014
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`Jan. 03, 2014
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`Jan. 03, 2014
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`Dec. 20, 2013
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`Jan. 03, 2014
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`Dec. 20, 2013
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`Aug. 01, 2013
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`Apr. 02, 2013
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`Mar. 11, 2013
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`Feb. 27, 2013
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`Feb. 21, 2013
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`Dec. 20, 2012
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`Oct. 09, 2012
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`Apr. 29, 2010
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`Mar. 30, 2010
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`Jan. 27, 2010
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`Jan. 25, 2010
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`Oct. 28, 2008
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`Oct. 17, 2008
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`Oct. 16, 2008
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`Sep. 29, 2008
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`May 19, 2008
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`Jun. 15, 2004
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`Mar. 23, 2004
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`Mar. 03, 2004
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`Jan. 09, 2004
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`Nov. 19, 2003
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`Nov. 19, 2003
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`Nov. 24, 2003
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`Nov. 24, 2003
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`May 19, 2003
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`May 13, 2003
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`NOTICE OF SUIT
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`69471
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 69471
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9
`
`69471
`
`FILED
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`69471
`
`TEAS SECTION 8 & 9 RECEIVED
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`NOTICE OF SUIT
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`68335
`
`TEAS SECTION 8 & 15 RECEIVED
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`AMENDMENT UNDER SECTION 7 - ISSUED
`
`ASSIGNED TO PARALEGAL
`
`68335
`
`TEAS SECTION 7 REQUEST RECEIVED
`
`NOTICE OF SUIT
`
`REGISTERED-PRINCIPAL REGISTER
`
`PUBLISHED FOR OPPOSITION
`
`NOTICE OF PUBLICATION
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`SEC. 1(A) CLAIM DELETED
`
`68171
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`PAPER RECEIVED
`
`NON-FINAL ACTION E-MAILED
`
`ASSIGNED TO EXAMINER
`
`74812
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Jan. 03, 2014
`
`Assignment Abstract Of Title Information - Click to Load
`
`Proceedings - Click to Load
`
`http://tsdr.uspto.gov/
`
`11/01/2019
`
`

`

`
`
`Exhibit B
`Exhibit B
`
`

`

`Status Search RN 3001303
`
`Page 1 of 3
`
`
`
`BULK DATA: Since May 7 at 12 a.m., the TSDR Application Programming Interface (API) has not included all information. Images of trademark registration
`certificates issued since July 2016 and some office actions are absent in the API. Customers who need to retrieve a copy of a registration certificate or an office
`action should download it directly from the TSDR documents tab.|NTERM|TTENT SYSTEM ISSUES: teas@usgto.gov and include your serial number, the
`document you are looking for, and a screenshot of any error messages you have received.
`
`STATUS
`
`DOCUMENTS
`
`MAINTENANCE
`
`Back to Search
`
`E Print
`
`Generated on: This page was generated by TSDR on 2019-11-01 13:25:34 EDT
`Mark: LUSH
`
`US Serial Number: 78408741
`
`US Registration Number: 3001303
`
`Register: Principal
`
`Mark Type: Trademark
`TM5 Common Status
`Descriptor:
`
`Status: The registration has been renewed.
`Status Date: Feb. 06, 2015
`
`Publication Date: Jul. 05,2005
`
`v Mark lnformati on
`
`Mark Literal Elements: LUSH
`
`Application Filing Date: Apr. 27, 2004
`
`Registration Date: Sep. 27, 2005
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`
`- Collapse All
`
`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`Mark Drawing Type: 4 - STANDARD CHARACTER MARK
`
`v Related Properties Information
`
`Claimed Ownership of US 2282428
`Registrations:
`
`v Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`- Brackets [..] indicate deleted goods/services;
`- Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`- Asterisks *..* identify additional (new) wording in the goods/services.
`For: Catalogues listing and illustrating cosmetics and toiletry products; printed product lists featuring cosmetic products and toiletry products; printed
`point of sales display in the nature of signs and display boards; and paper bags
`
`
`
`
`
`International Class(es): 016 - Primary Class
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: May 1996
`
`v Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`http://tsdr.uspto.g0v/
`
`U.S Class(es): 002, 005, 022, 023, 029, 037, 038, 050
`
`Use in Commerce: Jun. 1996
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`http://tsdr.uspto.gov/
`
`11/01/2019
`
`

`

`Status Search RN 3001303
`
`Page 2 of 3
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`