Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1038497
`02/26/2020
`
`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
`Granted to Date
`of previous ex-
`tension
`Address
`
`Correspondence
`information
`
`The Coca-Cola Company
`02/26/2020
`
`ONE COCA-COLA PLAZA
`ATLANTA, GA 30313
`UNITED STATES
`
`KATELYN ANDREWS
`ONE COCA-COLA PLAZA
`ATLANTA, GA 30313
`UNITED STATES
`katandrews@coca-cola.com, gsilverio@coca-cola.com
`404-676-7857
`
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`88487011
`02/26/2020
`
`Karim Kharbouch
`5150 Garrett Ct.
`Hidden Hills, CA 91302
`UNITED STATES
`
`Publication date
`Opposition Peri-
`od Ends
`
`10/29/2019
`02/26/2020
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 2007/09/04 First Use In Commerce: 2007/09/04
`All goods and services in the class are opposed, namely: Musical sound recordings; digital media,
`namely, downloadable audio recordings featuring music, musical sound recordings, musical video re-
`cordings, CDs and DVDs featuring music; audio and video recordings featuring music; downloadable
`mp3 recordings featuring music; pre-recordeddigital media devices featuring music; CDs and DVDs
`featuring music; digital media, namely, downloadable multi-media files containing audio and video
`featuringmusic and musical entertainment; downloadable multi-media files containing images, graph-
`ics, artwork, text, hypertext, audio and video featuring entertainment in the nature of recorded music
`videos and music concerts, music and musical entertainment
`Class 041. First Use: 2007/09/04 First Use In Commerce: 2007/09/04
`All goods and services in the class are opposed, namely: Entertainment services in the nature oflive
`musical performances; entertainment services in the nature of live audio performances by musicians,
`rappers, vocalpercussionists, poets, and bands; entertainment services in the nature of live visual
`and audio performances by musicians, rappers, vocal percussionists, poets, and bands; production of
`musical soundrecording; production of sound and music video recordings; providing a website featur-
`ing information in the field of music and entertainment; providing on-linemusic, not downloadable
`
`

`

`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.
`Registration Date
`
`415755
`
`08/14/1945
`
`Word Mark
`Design Mark
`
`COKE
`
`Application Date
`
`03/27/1944
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 1941/12/10 First Use In Commerce: 1941/12/10
`NON-ALCOHOLIC MALTLESS BEVERAGES AND THE SYRUPS FOR MAK-
`ING SUCH BEVERAGES
`
`U.S. Registration
`No.
`Registration Date
`
`1436191
`
`04/14/1987
`
`Application Date
`
`12/16/1985
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 006. First use: First Use: 1964/00/00 First Use In Commerce: 1964/00/00
`CONTAINERS MADE OF METAL/TIN [, KEYRINGS AND MONEY CLIPS NOT
`MADE OF PRECIOUS METALS ]
`Class 008. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`[ CUTLERY -NAMELY, FORKS, KNIVES, AND SPOONS USED AS TABLE-
`WARE; ] NON-MECHANICAL CAN/BOTTLE OPENER
`Class 009. First use: First Use: 1948/00/00 First Use In Commerce: 1948/00/00
`[ RADIOS, TELEPHONES, CALCULATORS, THERMOMETERS,
`SUNGLASSES, PLASTIC MAGNETS AND MAGNETIC MEMO HOLDERS FOR
`REFRIGERATORS AND KITCHEN CABINETS ]
`Class 011. First use: First Use: 1964/04/30 First Use In Commerce: 1964/04/30
`[ ELECTRIC LAMPS, ] ELECTRIC COOLERS INTHE NATURE OF REFRIGER-
`ATION UNITS [, AND PORTABLE GRILLS FOR COOKING ]
`Class 014. First use: First Use: 1963/06/00 First Use In Commerce: 1963/06/00
`JEWELRY, namely, [ CHARMS, PENDANTS, RINGS, BRACELETS AND
`NECKLACES, STICK PINS, ] LAPEL PINS [, WATCHES, CLOCKS, MONEY
`CLIPS, AND MEDALLIONS, MADE OF PRECIOUS AND NONPRECIOUS
`METALS ]
`
`

`

`Class 016. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`WRITING INSTRUMENTS; NAMELY-PENS, PENCILS AND [ MECHANICAL
`PENCILS; ] WRITING PADS *, * [ AND NOTEBOOKS, FOLDERS AND PORT-
`FOLIOS FOR PAPERS, PEN AND PENCIL HOLDERS, PAPER CLIP HOLD-
`ERS, PAPER WEIGHTS,AND LETTER OPENERS, PLAYING CARDS, BOOK-
`COVERS, POSTCARDS AND POSTERS, PAPER NAPKINS, ] ADHESIVE
`STICKERS [, GREETING CARDS, BOOKMARKS AND ERASABLE MEMO
`BOARDS, CALENDARS ]
`Class 018. First use: First Use: 1969/00/00 First Use In Commerce: 1969/00/00
`[ UMBRELLAS, BUSINESS FOLDERS, namely, BRIEF CASE TYPE PORTFO-
`LIOS, BRIEF CASES MADE OF LEATHER AND VINYL, ATTACHE CASES,
`VARIOUS LUGGAGE AND BAGS, NAMELY, PURSES, HANDBAGS, ALL
`PURPOSE SPORTS BAGS, GYM BAGS AND ALL PURPOSE GEAR CARRY-
`ING BAGS, LUGGAGE AND LUGGAGE TAGS MADE OF LEATHER, VINYL
`AND TEXTILES, WALLETS, AND CREDIT CARD HOLDERS ]
`Class 020. First use: First Use: 1960/00/00 First Use In Commerce: 1960/00/00
`[ HASSOCKS, MIRRORS, WOODEN STORAGE BOXES FOR THE HOME, AIR
`MATTRESSES, AIR PILLOWS, AIR CUSHIONS, GARDEN UMBRELLAS,
`BEAN BAG CHAIRS, CHILDREN'S FURNITURE, ANDINFLATABLE CUSH-
`IONS ]
`Class 021. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`[ DISHWARE MADE OF NONPRECIOUS METAL AND PAPER, NAMELY,
`DISHES, MUGS, BOWLS, GOBLETS, TANKARDS, CUPS, COASTERS, AND
`SERVING TRAYS, GLASSWARE, NAMELY, TANKARDS,MUGS, TUMBLERS,
`GOBLETS, STEMWARE, PLATES, PITCHERS, DECANTERS, PARTY
`BOWLS, STORAGE JARS, AND FLORAL CONTAINERS; PORCELAIN GIFT-
`WARE, NAMELY, FIGURINES, PLATES, CUPS, SAUCERS, BELLS AND
`EGGS; DECANTERS, CERAMIC TRIVETS, THERMAL INSULATED BEVER-
`AGE HOLDERS, ICE BUCKETS, AND ICE CHESTS ]
`Class 024. First use: First Use: 1981/03/00 First Use In Commerce: 1981/03/00
`[ BATH LINEN, NAMELY, BATH TOWELS, FINGERTIP TOWELS AND WASH
`CLOTHS, SHOWER ANDWINDOW CURTAINS; KITCHEN LINEN,
`NAMELY,TABLECLOTHS, TABLE RUNNERS, NAPKINS, AND PLACE MATS
`MADE OF FABRIC; BARBECUE AND OVEN MITTS, CURTAINS, POTHOLD-
`ERS, FABRIC APPLIANCE COVERS, BEACH TOWELS WHICH INCLUDE
`STANDARD AND OVERSIZED TOWELS ]
`Class 025. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`CLOTHING, NAMELY-[HATS,] T-SHIRTS, [ SWEATSHIRTS, SHORTS, PAJA-
`MAS, SWEATERS, SOCKS, SUN VISORS; NECKTIES, JOGGING SUITS,
`ATHLETIC HEAD AND WRIST BANDS, ] CAPS [, VISORS, JACKETS, VESTS
`AND APRONS ]
`Class 026. First use: First Use: 1973/00/00 First Use In Commerce: 1973/00/00
`[ BELT BUCKLE AND BADGES NOT MADE OF PRECIOUS METALS, TIE
`PINS AND TIE CLIPS ]
`Class 027. First use: First Use: 1976/12/00 First Use In Commerce: 1976/12/00
`[ WALL HANGINGS NOT OF TEXTILE; RUGS, AND VINLY OR PLASTIC
`PLACEMATS ]
`Class 028. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`[ SPORTING EQUIPMENT, NAMELY, GOLF TEES, GOLF BALLS, BASKET-
`BALLS, FISHING LURES, TENNIS BALLS AND TENNIS RACKETS,
`BATS,AND BASKETBALL BACKBOARDS, TOYS, namely, --DOLLS,
`PUZZLES, DART BOARDS, PLASTICDISH SETS, WHISTLES, YOM-OS'S, IN-
`FLATABLE AIR MATTRESSES AND BALLS FOR RECREATIONAL USE,
`BANKS, RUBBER BALLS, NON-POWERED TOY VEHICLES AND AC-
`CESSORIES, DIE CAST METAL VEHICLES, TRAINS AND CHRISTMAS TREE
`
`

`

`ORNAMENTS AND DECORATIONS ]
`Class 034. First use: First Use: 1950/00/00 First Use In Commerce: 1950/00/00
`[ MATCHES, LIGHTERS, AND ASHTRAYS ]
`
`U.S. Registration
`No.
`Registration Date
`
`2490517
`
`09/18/2001
`
`Word Mark
`Design Mark
`
`COKE
`
`Application Date
`
`08/03/2000
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 021. First use: First Use: 1994/03/00 First Use In Commerce: 1994/03/00
`salt/pepper shakers, [ sugar shakers, straw dispensers, ] toothpick dispensers [,
`] * and * napkin dispensers[, and ice buckets ]
`
`U.S. Registration
`No.
`Registration Date
`
`3347889
`
`12/04/2007
`
`Word Mark
`Design Mark
`
`COKE
`
`Application Date
`
`04/11/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 1941/12/10 First Use In Commerce: 1941/12/10
`Non-alcoholic beverages, namely, soft drinks; syrups and concentrates for mak-
`ing non-alcoholic beverages, namely, soft drinks
`
`U.S. Registration
`No.
`Registration Date
`
`2844972
`
`05/25/2004
`
`Word Mark
`Design Mark
`Description of
`
`COKE
`
`NONE
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Mark
`Goods/Services
`
`Class 006. First use: First Use: 1983/04/01 First Use In Commerce: 1983/04/01
`Metal key rings; [metal license plates;] decorated tins; [metal storage containers,
`metal boot scrapers; wall hooks of metal; non-luminous and] non-mechanical
`signs made of metal; [metal step stools;sculptures made of non-precious met-
`al;]metal coin banks;[ metal cash boxes andmetal piggy banks; common metal
`drawer pulls]
`
`U.S. Registration
`No.
`Registration Date
`
`2847553
`
`06/01/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 009. First use: First Use: 1948/01/01 First Use In Commerce: 1948/01/01
`[ DISPOSABLE CAMERAS; 35MM CAMERAS; CALCULATORS;] COMPUTER
`PERIPHERALS [AND ACCESSORIES, NAMELY, ANTI-GLARE GUARDS FOR
`COMPUTER MONITOR SCREENS; WRIST RESTS FOR USE WITH COM-
`PUTERS; WRIST SUPPORTS FORCOMPUTER MOUSE USERS;] MOUSE
`PADS; [COMPUTER MOUSE COVERS; COMPUTER SCREEN SAVER SOFT-
`WARE; STORAGE CASES FOR COMPACT DISCS AND BLANK VIDEO CAS-
`SETTES; ] RADIOS;CD PLAYERS; DIGITAL VIDEO DEVICES PLAYERS;
`PORTABLE LISTENING DEVICES, NAMELY, MP3 PLAYERS;[ VIDEO CAS-
`SETTE PLAYERS; AUDIO CASSETTE RECORDERS; DIGITAL AUDIO TAPE
`PLAYERS; TURNTABLES;] NEON SIGNS [; TELEPHONES; ] THERMOMET-
`ERS NOT FOR MEDICAL USE; [ BINOCULARS; ] MAGNETS; KITCHEN
`TIMERS [ ; EYEGLASS CASES; SPECIALTY HOLSTERS FOR CARRYING
`CELLULAR PHONES; COVERS FOR CELLULAR PHONES;SUNGLASSES;]
`VENDING MACHINES [; BICYCLE HELMETS; PROTECTIVE HELMETS; RAIN
`GAUGES]
`
`U.S. Registration
`No.
`Registration Date
`
`2853813
`
`06/15/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 028. First use: First Use: 1950/01/01 First Use In Commerce: 1950/01/01
`[ Board games; ] checker sets; [ playing cards; card games; ] puzzles; [ balloons;
`hand held unit for playing electronic games; ] Christmas decorations and ac-
`cessories of all kinds, namely, Christmastree skirts, [ artificial Christmas gar-
`lands; ] Christmas tree ornaments; [ Christmas stockings; ] Christmas tree dec-
`orations; snow globes; sporting equipment and accessories for soccer, namely,
`soccer balls; [ sporting equipment and accessories for golf, namely, golf balls,
`golf tees, golf ball markers, ball cleaners, golf putters, divot repair tools, golf-
`bags; ] [ sporting equipment and accessories for skating, namely, in-line skates,
`skate boards; elbow pads for athleticuse; knee pads for athletic use; shin pads
`for athletic use; badminton game playing equipment; ] [ sporting equipment and
`accessories for fishing, namely, fishing lures; billiard cues, billiard balls, billiard
`game playing equipment and accessories, namely, billiard bridges, ] [billiard
`
`

`

`bumpers, billiard chalk, billiard cue racks, billiard cushions, billiard nets, billiard
`tables, billiard tallyballs, billiard tips, billiard triangles, cue sticks for billiard or
`pool; snowsleds for recreational use; pinball machines;] sport balls; toy vehicles;
`toy electric trains; toy model train sets; [ train set accessories, namely, artificial
`trees, turf, foliage, ballast, buildings, figurines, billboards, lichen and grass; toy
`banks, toy mobiles, multiple activity baby toys; ] dart board cases; [ dart boards;
`dolls and accessories therefor; plush toys; yo-yos; ] flying discs [ ; inflatable toys
`]
`
`U.S. Registration
`No.
`Registration Date
`
`2853812
`
`06/15/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 021. First use: First Use: 1941/01/01 First Use In Commerce: 1941/01/01
`Plates; cups; drinking glasses; tankards not of precious metal; mugs; tum-
`blers;[drinking steins;] pitchers; [decanters, goblets; ice buckets, coasters not of
`paper and not being table linen;] serving pieces, namely, [serving tongs,] serving
`platters; serving trays not of precious metal; salt and pepper shakers;
`[condiment holders, sugar dispensers and basins,] toothpick holders; napkin
`holders; [dispensers for paper towels; holders for facial tissue; fitted picnic bas-
`kets; trivets,] cookie jars; canister sets, [storage containers for household and
`kitchen use not of precious metal;] party bowls; [floral containers;] bottle open-
`ers; straw dispensers; dinnerware, bottles sold empty; dishware, namely, plates,
`bowls, cups and [ saucers; ] [creamer pitchers;] candy dishes; [spoon rests;
`flower pots; corn cob holders; cutting boards; cookie cutters;] [ candle holders
`not of precious metal; ] [bread boxes; bird houses of wood; cooking utensils,
`namely, grill covers;] utensils for barbecues,namely, forks, turners; [stove burner
`covers; recipe boxes; coffee pots not of precious metal; tea pots not of precious-
`metal;] utensils for barbecues, namely,forks, tongs and spatulas; lunch
`boxes;[soap and shampoo dispensers; toothbrush holders; wastepaper bas-
`kets;] thermal insulated containers for beverages; portable coolers; portable ice
`chests for food and beverages; thermal insulated wrapfor cans to keep the con-
`tents cold or hot; foam drink holders; non-metal coin banks; [china, crystal,] [
`glass and porcelain ornaments, not including Christmastree ornaments; ] [sun
`catchers; wind chimes; vases; crystal, glass, porcelain,china and ceramic figur-
`ines and Christmas stocking holders; decorative plates]
`
`U.S. Registration
`No.
`Registration Date
`
`2853811
`
`06/15/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 020. First use: First Use: 1960/01/01 First Use In Commerce: 1960/01/01
`[Step stools;] [ drinking straws; plastic novelty license plates; ] indoor and out-
`door furniture; [ picture frames; ] [wooden signs;] [ wood boxes; pillows; cush-
`ions; ] [inflatable plastic signs;] [ plastic boxes; ] [air mattresses for usewhen
`camping; air cushions not for medical purposes; air pillows not for medical pur-
`poses;] [ non-electric fans for personal use; ] mirrors; figurines [and Christmas
`
`

`

`stocking holders of wood, plastic, cold cast resin;] bar stools; [engraved and cut
`stone plaques; chair pads; dispensers for pills or capsules sold empty; jewelry
`boxes not of precious metal;] tables; [baker's racks; sofas; chairs; ottomans;
`cabinets;] [ plastic key rings;] [non-metal shower hooks;] [ plastic banners; ]
`[non-metal clips for bags; ceramic fan pulls; electrically-activated moving Christ-
`mas figures made of plastic]
`
`U.S. Registration
`No.
`Registration Date
`
`2844978
`
`05/25/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 025. First use: First Use: 1950/01/01 First Use In Commerce: 1950/01/01
`Clothing for men, women and children, namely, [belts,] jackets, coats, tops, [
`vests,] shirts, blouses,[ jerseys,] bottoms, shorts,[ pants, trousers,] boxer shorts,
`[dresses, skirts, neckties, scarves, bandannas, night gowns, night shirts,] paja-
`mas, loungewear, [socks, sweaters,] sweat shirts, sweat pants, [cummerbunds, ]
`aprons, t-shirts, headwear, hats, caps; [sun visors; slippers]
`
`U.S. Registration
`No.
`Registration Date
`
`2844977
`
`05/25/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 018. First use: First Use: 1941/01/01 First Use In Commerce: 1941/01/01
`Purses; handbags; general gear carryingbags; wallets; billfolds; [ fanny bags;]
`gym bags; backpacks; luggage; luggagetags; tote bags; travel bags; duffel bags;
`[ beach bags; business card cases; umbrellas; café umbrellas; trunks]
`
`U.S. Registration
`No.
`Registration Date
`
`2847554
`
`06/01/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 016. First use: First Use: 1941/01/01 First Use In Commerce: 1941/01/01
`[ Paper napkins, [paper placemats, ] paper table cloths;] stationery, namely, writ-
`ing paper, writing pads, note pads, postcards, greeting cards, note cards, note-
`books, note paper; writing instruments; [ bookmarks; bookends; posters;] prints;
`[school supplies, namely,] drawing rulers, [erasers, markers, ] note book paper,
`[rubber stamps;] office requisites, namely, staplers, pen and pencil holders,
`desktop business card holders; paper clip holders, paper clips; bookends; paper
`gift wrap; paper gift bags; paper gifttags;[ stencils; tissue paper;] paper bags;
`[children's activity books; erasable memorandum boards;] folders; calendars;
`[letter openers; stickers; decals;] book covers; [chalk boards for school and
`
`

`

`home use;] lunch bags; [ trading cards;]Christmas cards; [lithographs;] bank
`checks; [checkbook covers; address labels;] printed products, namely, menu
`boards;recipe books;[ recipe cards;] art prints [, paper coasters; magnetic memo
`holders]
`
`U.S. Registration
`No.
`Registration Date
`
`2844976
`
`05/25/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 014. First use: First Use: 1963/06/01 First Use In Commerce: 1963/06/01
`Clocks; [ clocks incorporating radios; ] watches and [parts for watches;] jewelry;
`[precious metal money clips; ]jewelry, namely, lapel pins [ ; cabinet hardware,
`namely, drawer pulls of precious metal]
`
`U.S. Registration
`No.
`Registration Date
`
`2844973
`
`05/25/2004
`
`Application Date
`
`06/19/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 011. First use: First Use: 1964/01/01 First Use In Commerce: 1964/01/01
`[ Electric ceiling light fixtures; shades and globes for light fixtures; lamp shades
`and lamp globes; lamp finials; lamps; electric night lights; flashlights;]electric hol-
`iday lights; electric string lights for decorating; [fans, namely, ceiling fans; elec-
`tric fans; barbecue grills; ] refrigerators [ ; decorative table-top water fountains]
`
`U.S. Registration
`No.
`Registration Date
`
`2052760
`
`04/15/1997
`
`Application Date
`
`05/17/1996
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`COKE
`
`NONE
`
`Class 025. First use: First Use: 1988/03/11 First Use In Commerce: 1988/03/11
`footwear
`
`U.S. Registration
`No.
`Registration Date
`
`1738263
`
`12/08/1992
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`COKE
`
`NONE
`
`Application Date
`
`10/28/1991
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Goods/Services
`
`Class 015. First use: First Use: 1991/05/29 First Use In Commerce: 1991/05/29
`[ musical dioramas ]
`Class 024. First use: First Use: 1991/07/11 First Use In Commerce: 1991/07/11
`kitchen linens; namely, towels and dishcloths
`Class 025. First use: First Use: 1991/07/08 First Use In Commerce: 1991/07/08
`aprons
`
`U.S. Registration
`No.
`Registration Date
`
`4890180
`
`01/19/2016
`
`Word Mark
`Design Mark
`
`COKE MUSIC MOMENT
`
`Application Date
`
`07/08/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2014/06/00 First Use In Commerce: 2014/06/00
`Entertainment services in the nature ofmusical performances
`
`U.S. Registration
`No.
`Registration Date
`
`4473584
`
`01/28/2014
`
`Word Mark
`Design Mark
`
`COCA-COLA JOURNEY
`
`Application Date
`
`11/12/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2012/11/12 First Use In Commerce: 2012/11/12
`Interactive online web journals and social networking enabled online digital
`magazine featuring information, stories, opinions, videos and blogs about
`brands, entrepreneurship and business
`
`U.S. Registration
`
`3592241
`
`Application Date
`
`09/12/2007
`
`

`

`No.
`Registration Date
`
`03/17/2009
`
`Word Mark
`Design Mark
`
`COCA-COLA PARK
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`NONE
`
`Class 041. First use: First Use: 2008/04/11 First Use In Commerce: 2008/04/11
`Entertainment services, namely, the exhibition of sporting events and concerts
`
`3000500
`
`Application Date
`
`09/01/2004
`
`09/27/2005
`
`Foreign Priority
`Date
`COCA-COLA VALUED YOUTH PROGRAM
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 1990/09/30 First Use In Commerce: 1990/09/30
`Educational services, namely, providingtutoring in general studies
`
`U.S. Registration
`No.
`
`2607376
`
`Application Date
`
`08/03/2001
`
`

`

`Registration Date
`
`08/13/2002
`
`Word Mark
`Design Mark
`
`COCA-COLA FAN LOT
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 2000/03/01 First Use In Commerce: 2000/03/01
`[ SOFT DRINKS, SYRUPS AND CONCENTRATES FOR USE IN THE PRE-
`PARATION OF SOFT DRINKS ]
`Class 041. First use: First Use: 2000/03/01 First Use In Commerce: 2000/03/01
`ENTERTAINMENT SERVICES IN THE NATURE OFAN INTERACTIVE AREA
`AT BASEBALL STADIUMS, NAMELY A STRUCTURE COMPOSED OF WOOD
`BEAMS, CLIMBING AREAS AND SLIDES; ENTERTAINMENT IN THE
`NATURE OF A YOUTH BASEBALLTHEME PARK FEATURING MINIATURE
`BASEBALLFIELDS ON WHICH CHILDREN CAN HIT, RUN AND CATCH
`BASEBALLS; AND ENTERTAINMENT SERVICES, NAMELY, PROVIDING
`STATIC EXHIBITS OF EMBOSSED SIGNATURES OF FAMOUS BASEBALL
`PLAYERS THAT CAN BE RUBBED TO CREATEAUTOGRAPHS
`
`U.S. Registration
`No.
`Registration Date
`
`2150823
`
`04/14/1998
`
`Application Date
`
`04/09/1997
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`Attachments
`
`COCA-COLA SCREEN PLAY
`
`NONE
`
`Class 041. First use: First Use: 1996/01/01 First Use In Commerce: 1996/01/01
`entertainment services in the nature offilm trivia slides displayed on-screen in
`movie theaters
`
`71468708#TMSN.png( bytes )
`76102368#TMSN.png( bytes )
`77153712#TMSN.png( bytes )
`86330962#TMSN.png( bytes )
`85776927#TMSN.png( bytes )
`77278036#TMSN.png( bytes )
`76609740#TMSN.png( bytes )
`76295295#TMSN.png( bytes )
`COKE BOYS NOO.pdf(631420 bytes )
`
`Signature
`Name
`Date
`
`/Katelyn Andrews/
`KATELYN ANDREWS
`02/26/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`OPPOSITION NUMBER
`
`
`
`
`
`
`
`
`
`
`
`Application Serial No. 88/487,011
`
`NOTICE OF OPPOSITION
`
`
`
`THE COCA-COLA COMPANY,
`
`Opposer,
`
`v.
`
`
`
` Karim Kharbouch,
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`
`
`The Coca-Cola Company (“Opposer” or “TCCC”), a corporation organized and existing
`
`under the laws of the state of Delaware, having its office and principal place of business at One
`
`Coca-Cola Plaza NW, Atlanta, Georgia 30313, believes that it will be damaged by the registration
`
`of the mark COKE BOYS, Application Serial No. 88/487,011 (the “Application”), filed on June 24,
`
`2019, by Karim Kharbouch (“Applicant”) in International Classes 9 and 41 (the “Opposed Mark”).
`
`Opposer requests that the application for registration of the Opposed Mark be refused.
`
`As grounds for its opposition, TCCC alleges as follows:
`
`1. TCCC is the world’s largest beverage company, serving more than 1.6 billion consumers
`
`each day in more than 200 countries around the world.
`
`2. Since as early as 1941, Opposer TCCC and its related companies have continuously used
`
`the COKE mark, and variations thereof, in connection with beverages as well as a wide variety of
`
`other goods and services.
`
`
`
`Classified - Confidential
`
`

`

`3. Opposer is the owner of numerous U.S. trademark registrations for and including the
`
`marks COKE and COCA-COLA, including:
`
`
`
`Mark Name
`
`COKE
`
`COKE
`
`Registration
`Date
`1945-08-14
`
`Registration
`Number
`415755
`
`1987-04-14
`
`1436191
`
`COKE
`
`COKE
`
`2001-09-18
`
`2490517
`
`2007-12-04
`
`3347889
`
`COKE
`
`2004-05-25
`
`2844972
`
`COKE
`
`2004-06-01
`
`2847553
`
`COKE
`
`2004-06-15
`
`2853813
`
`COKE
`
`2004-06-15
`
`2853812
`
`Class – Goods and Services
`
`32 – Non-alcoholic maltless beverages and the
`syrups for making such beverages
`6 – Containers made of metal/tin
`8 – Non-mechanical can/bottle opener
`11 – Electric coolers in the nature of
`refrigeration units
`14 – Jewelry, namely, lapel pins
`16 – Writing instruments, namely, pens, pencils
`and writing pads, adhesive stickers
`25 – Clothing, namely, t-shirts, caps
`21 - Salt/pepper shakers, toothpick dispensers,
`and napkin dispensers
`32 - Non-alcoholic beverages, namely, soft
`drinks; syrups and concentrates for making non-
`alcoholic beverages, namely, soft drinks
`6 - Metal key rings; decorated tins; non-
`mechanical signs made of metal; metal coin
`banks
`9 – Computer peripherals; mouse pads; radios;
`CD players; digital video devices players;
`portable listening devices, namely, MP3 players;
`neon signs; thermometers not for medical use;
`magnets; kitchen timers; vending machines
`28 – Checker sets; puzzles; Christmas
`decorations and accessories of all kinds, namely,
`Christmas tree skirts, Christmas tree ornaments;
`Christmas tree decorations; snow globes;
`sporting equipment and accessories for soccer,
`namely, soccer balls; sport balls; toy vehicles;
`toy electric trains; toy model train sets; dart
`board cases; flying discs
`21 - Plates; cups; drinking glasses; tankards not
`of precious metal; mugs; tumblers; pitchers;
`serving pieces, namely, serving platters; serving
`trays not of precious metal; salt and pepper
`shakers; toothpick holders; napkin holders;
`
`
`
`Classified - Confidential
`
`

`

`cookie jars; canister sets; party bowls; bottle
`openers; straw dispensers; dinnerware, bottles
`sold empty; dishware, namely, plates, bowls,
`cups and candy dishes; utensils for barbecues,
`namely, forks, turners; utensils for barbecues,
`namely, forks, tongs and spatulas; lunch boxes;
`thermal insulated containers for beverages;
`portable coolers; portable ice chests for food
`and beverages; thermal insulated wrap for cans
`to keep the contents cold or hot; foam drink
`holders; non-metal coin banks;
`20 - Indoor and outdoor furniture; mirrors;
`figurines; bar stools; tables;
`25 - Clothing for men, women and children,
`namely, jackets, coats, tops, shirts, blouses,
`bottoms, shorts, boxer shorts, pajamas,
`loungewear, sweat shirts, sweat pants, aprons,
`t-shirts, headwear, hats, caps;
`18 - Purses; handbags; general gear carrying
`bags; wallets; billfolds; gym bags; backpacks;
`luggage; luggage tags; tote bags; travel bags;
`duffel bags;
`16 - stationery, namely, writing paper, writing
`pads, note pads, postcards, greeting cards, note
`cards, notebooks, note paper; writing
`instruments; prints; drawing rulers, note book
`paper; office requisites, namely, staplers, pen
`and pencil holders, desktop business card
`holders; paper clip holders, paper clips;
`bookends; paper gift wrap; paper gift bags;
`paper gift tags; paper bags; folders; calendars;
`book covers; lunch bags; Christmas cards; bank
`checks; printed products, namely, menu boards;
`recipe books; art prints
`14 – Clocks; watches and jewelry; jewelry,
`namely, lapel pins
`11 - Electric holiday lights; electric string lights
`for decorating; refrigerators
`25 - Footwear
`24 – Kitchen linens; namely, towels and
`dishcloths
`25 - Aprons
`
`COKE
`
`COKE
`
`2004-06-15
`
`2853811
`
`2004-05-25
`
`2844978
`
`COKE
`
`2004-05-25
`
`2844977
`
`COKE
`
`2004-06-01
`
`2847554
`
`2004-05-25
`
`2844976
`
`2004-05-25
`
`2844973
`
`1997-04-15
`1992-12-08
`
`2052760
`1738263
`
`COKE
`
`COKE
`
`COKE
`COKE
`
`
`
`Classified - Confidential
`
`

`

`COKE MUSIC
`MOMENT
`COCA-COLA
`JOURNEY
`
`2016-01-19
`
`4890180
`
`2014-01-28
`
`4473584
`
`COCA-COLA
`PARK
`COCA-COLA
`VALUED
`YOUTH
`PROGRAM
`(& design)
`COCA-COLA
`FAN LOT
`
`2009-03-17
`
`3592241
`
`2005-09-27
`
`3000500
`
`2002-08-13
`
`2607376
`
`COCA-COLA
`SCREEN PLAY
`
`1998-04-14
`
`2150823
`
`
`
`
`
`41 – Entertainment services in the nature of
`musical performances
`41 – Interactive online web journals and social
`networking enabled online digital magazine
`featuring information, stories, opinions, videos
`and blogs about brands, entrepreneurship and
`business
`41 – Entertainment services, namely, the
`exhibition of sporting events and concerts
`41 – Educational services, namely, providing
`tutoring in general studies
`
`41 – Entertainment services in the nature of an
`interactive area at baseball stadiums, namely a
`structure composed of wood beams, climbing
`areas and slides; entertainment in the nature of
`a youth baseball theme park featuring
`miniature baseball fields on which children can
`hit, run and catch baseballs; and entertainment
`services, namely, providing static exhibits of
`embossed signatures of famous baseball players
`that can be rubbed to create autographs
`41 – Entertainment services in the nature of film
`trivia slides displayed on-screen in movie
`theaters
`
`4. Opposer’s registrations for its COKE and COCA-COLA marks are valid and subsisting in
`
`law, were duly and legally issued, are prima facie evidence of the validity of the COKE and
`
`COCA-COLA marks registered and constitute constructive notice of ownership of these marks by
`
`Opposer in accordance with Sections 7(b) and 22 of the Trademark Act of 1946, 15 U.S.C. § §
`
`1057(b) and 1072.
`
`
`
`Classified - Confidential
`
`

`

`5. In addition to the aforementioned federal trademark registrations, TCCC also owns
`
`certain common law rights in the names COKE and COCA-COLA in relation to its manufacture,
`
`sale and distribution of beverage products and other varied goods and services.
`
`6. TCCC’s aforenoted common law rights as well as the above-noted trademark
`
`registrations are collectively referred to herein as the “COKE Marks”.
`
`7. Opposer has invested a substantial amount of time, effort and money in advertising
`
`and promoting various products and services offered with its COKE Marks and has continuously
`
`and extensively used the COKE Marks in the United States in connection with a variety of
`
`beverages and other products and services. Opposer has also continuously and extensively used
`
`the COKE Marks in the United States in connection with entertainment services such as musical
`
`performances, the exhibition of sporting events and concerts, and online videos. Consequently,
`
`Opposer’s goods and services bearing the COKE Marks have become famous and widely
`
`associated with Opposer in the United States and globally.
`
`8. Through many years of advertising, promotion, and use, the COKE Marks have become
`
`famous within the meaning of Section 43(c) of the Lanham Act and are an asset of substantial
`
`value to Opposer.
`
`9. On or about June 24, 2019, Applicant filed the Application seeking registration of COKE
`
`BOYS in Class 9 for “Musical sound recordings; digital media, namely, downloadable audio
`
`recordings featuring music, musical sound recordings, musical video recordings, CDs and DVDs
`
`featuring music; audio and video recordings featuring music; downloadable mp3 recordings
`
`featuring music; pre-recorded digital media devices featuring music; CDs and DVDs featuring
`
`music; digital media, namely, downloadable multi-media files containing audio and video
`
`
`
`Classified - Confidential
`
`

`

`featuring music and musical entertainment; downloadable multi-media files containing images,
`
`graphics, artwork, text, hypertext, audio and video featuring entertainment in the nature of
`
`recorded music videos and music concerts, music and musical entertainment” and in class 41 for
`
`“Entertainment services in the nature of live musical performances; entertainment services in
`
`the nature of live audio performances by musicians, rappers, vocal percussionists, poets, and
`
`bands; entertainment services in the nature of live visual and audio performances by musicians,
`
`rappers, vocal percussionists, poets, and bands; production of musical sound recording;
`
`production of sound and music video recordings; providing a website featuring information in
`
`the field of music and entertainment; providing on-line music, not downloadable.”
`
`10. The Application was filed in the name of Karim Kharbouch and was assigned serial
`
`number 88/487,011.
`
`11. The Application was filed long after Opposer’s establishment of its rights in and
`
`registration of the COKE Marks and long after the COKE Marks became famous.
`
`12. The Application was published for opposition on October 29, 2019. TCCC sought and
`
`received appropriate extensions of time to oppose the registration of the COKE BOYS mark. This
`
`Notice of Opposition is timely filed.
`
`13. Between the parties, TCCC is the senior user and has priority of use.
`
`14. The Opposed Mark so resembl