Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1049829
`04/17/2020
`
`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
`
`Parfums Christian Dior
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`04/18/2020
`
`33, AVENUE HOCHE
`PARIS, 75008
`FRANCE
`
`LAURA POPP-ROSENBERG
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`151 W. 42ND STREET, 17TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`lpopp-rosenberg@fzlz.com, jvosgerchian@fzlz.com
`2128135900
`
`Applicant Information
`
`Application No
`
`88559044
`
`Publication date
`
`02/18/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`04/17/2020
`
`Opposition Peri-
`od Ends
`
`04/18/2020
`
`COLLAGEN DROPS LLC
`7888 LA MIRANDA DR
`Boca Raton, FL 33433
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 003. First Use: 2019/06/01 First Use In Commerce: 2019/06/01
`All goods and services in the class are opposed, namely: Cosmetic creams; Cosmetic masks; Cos-
`metic nourishing creams; Cosmetic preparations for body care; Cosmetics; Facial lotion; Skin care
`preparations, namely, skin peels; Skin care products, namely, non-medicated skin serum; Cleansing
`creams;Collagen preparations for cosmetic purposes; Collagen preparations for cosmetics purposes;
`Cosmetic creams for skin care; Cosmetic preparations for skin care; Face creams for cosmetic use;
`Non-medicated cosmetics; Non-medicated skin care creams and lotions; Non-medicated skin care
`preparations; Non-medicated skin carepreparations, namely, creams, lotions, gels, toners, cleaners
`and peels; Non-medicated skin care preparations, namely, serum, face cream, and moisturizer; Non-
`medicated skin serums; Wrinkle removing skin care preparations, all the foregoing goods made
`wholly or substantially in part of collagen
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`

`

`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`1036544
`
`Registration Date
`
`03/30/1976
`
`Application Date
`
`09/04/1975
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`CD
`
`NONE
`
`Class 003. First use: First Use: 1952/00/00 First Use In Commerce: 1952/00/00
`PERFUMES, COLOGNES, TOILET WATERS, AFTER SHAVE LOTION, TALC,
`[ DUSTING POWDER, ] LIPSTICK, EYESHADOW, MASCARA, ROUGE,
`MAKE-UP BASE, MAKE-UP, EYE MAKE-UP REMOVER, SKIN LOTION, SKIN
`CLEANER, SKIN MOISTURIZER
`
`Attachments
`
`F3487797.pdf(21273 bytes )
`
`Signature
`
`/Laura Popp-Rosenberg/
`
`Name
`
`Date
`
`LAURA POPP-ROSENBERG
`
`04/17/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`PARFUMS CHRISTIAN DIOR,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`COLLAGEN DROPS LLC,
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`Opposition No. ___________
`
`Opposer,
`
`
`
`Applicant.
`
`
`
`NOTICE OF OPPOSITION
`
`Opposer Parfums Christian Dior believes that it will be damaged by the issuance of a
`
`registration for the following stylized trademark:
`
`as applied for by applicant Collagen Drops LLC in Application Serial No. 88/559,044 and
`
`therefore opposes the same. As grounds for this opposition, Opposer, by its counsel, Fross
`
`
`
`Zelnick Lehrman & Zissu, P.C., states as follows:
`
`A.
`
`Opposer and Its Registered CD Mark
`
`1.
`
`Opposer Parfums Christian Dior (“Opposer”) is a French société anonyme with an
`
`address of 33 Avenue Hoche, Paris, France 75008
`
`2.
`
`The brand CHRISTIAN DIOR, originally established in 1947 in Paris, France, by
`
`its eponymous founder, has grown into one of the best-known luxury brands in the world.
`
`3.
`
`Since at least as early as 1952, Opposer has used the capital letters CD, the
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`brand’s initials, as one of its house marks (the “CD mark”) in connection with the promotion and
`
`{F3485526.1 }
`
`

`

`sale of a variety of goods and services, including but not limited to, fragrance, skincare and
`
`cosmetic goods.
`
`4.
`
`Opposer has extensively used and promoted its CD mark in connection with the
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`sale of fragrance, skincare and cosmetic goods, among other goods and services. Through
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`decades of this extensive promotion and use, and the success of Opposer’s offerings under the
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`mark, Opposer has developed strong trademark rights and enormous goodwill in the CD mark.
`
`5.
`
`Long before any date upon which Applicant can rely, Opposer’s CD mark became
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`uniquely identified with Opposer and came to identify the products of Opposer exclusively.
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`6.
`
`Along with its robust common law rights in the CD mark, Opposer also owns
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`U.S. trademark Registration No. 1,036,544 for the CD mark covering various fragrance, skincare
`
`and cosmetic goods in International Class 3.
`
`B.
`
`Applicant and Its Application
`
`7.
`
`Upon information and belief, Applicant Collagen Drops LLC (“Applicant”) is a
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`Florida limited liability company with an address of 7888 La Miranda Drive, Boca Raton,
`
`Florida 33433.
`
`8.
`
`On August 1, 2019, Applicant filed with the United States Patent and Trademark
`
`Office (“USPTO”) Application Serial No. 88/559,044 to register the mark shown here
`
`
`
`(“Applicant’s Mark”) for “Cosmetic creams; Cosmetic masks; Cosmetic nourishing creams;
`
`Cosmetic preparations for body care; Cosmetics; Facial lotion; Skin care preparations, namely,
`
`skin peels; Skin care products, namely, non-medicated skin serum; Cleansing creams; Collagen
`
`preparations for cosmetic purposes; Collagen preparations for cosmetics purposes; Cosmetic
`
`{F3485526.1 }
`
`2
`
`

`

`creams for skin care; Cosmetic preparations for skin care; Face creams for cosmetic use; Non-
`
`medicated cosmetics; Non-medicated skin care creams and lotions; Non-medicated skin care
`
`preparations; Non-medicated skin care preparations, namely, creams, lotions, gels, toners,
`
`cleaners and peels; Non-medicated skin care preparations, namely, serum, face cream, and
`
`moisturizer; Non-medicated skin serums; Wrinkle removing skin care preparations, all the
`
`foregoing goods made wholly or substantially in part of collagen” in International Class 3, on the
`
`basis of claimed first use in commerce on June 1, 2019 (the “Application”).
`
`CLAIM FOR RELIEF:
`PRIORITY AND LIKELIHOOD OF CONFUSION
`
`Opposer repeats and re-alleges each and every allegation contained in paragraphs
`
`9.
`
`1 through 8 as if fully set forth herein.
`
`10.
`
`The Application was filed long after Opposer first used the CD mark in the United
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`States and long after Opposer’s registration of the CD mark with the USPTO.
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`11.
`
`Opposer’s rights in the CD mark are prior to and superior to any rights Applicant
`
`may claim in Applicant’s Mark.
`
`12.
`
`Applicant is not connected to Opposer in any way, and has not been authorized by
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`Opposer to use Applicant’s Mark.
`
`13.
`
`Upon information and belief, Applicant had actual knowledge of Opposer’s prior
`
`rights to and interest in the CD mark before seeking to register Applicant’s Mark. At a
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`minimum, as a matter of law, Applicant was on constructive notice of Opposer’s rights in the CD
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`Mark based on Opposer’s registration therefor, pursuant to Section 33 of the Lanham Act, 15
`
`U.S.C. § 1115(a).
`
`{F3485526.1 }
`
`3
`
`

`

`14.
`
`Applicant’s Mark is confusingly similar to Opposer’s CD Mark in sound, sight,
`
`and commercial impression, as it contains the capital letters “CD” as its first, largest and most
`
`prominent term.
`
`15.
`
`Applicant seeks to register Applicant’s Mark for goods that are identical or
`
`closely related to goods and services sold by and/or registered to Opposer under the CD mark.
`
`16.
`
`By virtue of Opposer’s longstanding and continuous use of the CD mark, the
`
`goodwill associated with the CD mark, and Opposer’s registration therefor, the registration of
`
`Applicant’s Mark for goods identical or related to Opposer’s goods and services is likely to
`
`cause confusion or cause mistake or to deceive the purchasing public into mistakenly believing
`
`that goods offered under Applicant’s Mark originate from Opposer, or are endorsed or sponsored
`
`by Opposer, or are otherwise connected to Opposer, in violation of Section 2(d) of the Lanham
`
`Act, 15 U.S.C. § 1052(d).
`
`17.
`
`Registration of Applicant’s Mark would be inconsistent with Opposer’s prior
`
`exclusive rights in the CD Mark, and would threaten destruction of Opposer’s investment and
`
`goodwill in its longstanding and valuable CD Mark.
`
`18.
`
`By reason of the foregoing, Opposer is likely to be harmed by registration of the
`
`Application for Applicant’s Mark.
`
`
`
`
`WHEREFORE, it is respectfully requested that this opposition be sustained and that the
`
`registration sought by Applicant in Application Serial No. 88/559,044 be refused.
`
`
`
`{F3485526.1 }
`
`4
`
`

`

`Dated: New York, New York
`April 17, 2020
`
`
`
`
`
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`
`
`
`
`
`
`By: /Laura Popp-Rosenberg/
` Laura Popp-Rosenberg
` Jessica Vosgerchian
`
`151 West 42nd St., 17th Floor
`New York, New York 10036
`Tel: (212) 813-5900
`Email: lpopp-rosenberg@fzlz.com
` jvosgerchian@fzlz.com
`
` Attorneys for Opposer
`
`{F3485526.1 }
`
`5
`
`