Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1056393
`05/19/2020
`
`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
`
`Entity
`
`Address
`
`Proforma, Inc.
`
`Corporation
`
`8800 E. Pleasant Valley Road
`Cleveland, OH 44131
`UNITED STATES
`
`Citizenship
`
`Ohio
`
`Attorney informa-
`tion
`
`Jay F. Moldovanyi; Jude A. Fry; Sandra M. Koenig
`Fay Sharpe LLP
`1228 Euclid Avenue, 5th Floor
`Cleveland, OH 44115
`UNITED STATES
`jmoldovanyi@faysharpe.com, jfry@faysharpe.com, skoenig@faysharpe.com,
`chutter@faysharpe.com
`216-363-9000
`
`Applicant Information
`
`Application No
`
`88706939
`
`Publication date
`
`03/17/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`05/19/2020
`
`Opposition Peri-
`od Ends
`
`04/16/2020
`
`Printforia, Inc.
`4060 S Grant St., Suite 100
`Washougal, WA 98671
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Order fulfillment services; Supply chain
`management services
`
`Class 040. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Printing services
`
`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.
`
`1208208
`
`Registration Date
`
`09/14/1982
`
`Application Date
`
`09/26/1980
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`PRO FORMA
`
`NONE
`
`Class 016. First use: First Use: 1978/02/17 First Use In Commerce: 1978/10/31
`Business Forms
`Class 035. First use: First Use: 1978/02/17 First Use In Commerce: 1978/10/31
`Specialty Printing Services-Namely, Design and Printing of Business Forms for
`Others
`
`U.S. Registration
`No.
`
`1650434
`
`Registration Date
`
`07/09/1991
`
`Application Date
`
`07/16/1990
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`PROFORMA
`
`NONE
`
`Class 042. First use: First Use: 1982/04/05 First Use In Commerce: 1985/10/00
`distributorship services in the field of office equipment and supplies [and office
`furniture]
`
`U.S. Registration
`No.
`
`1922392
`
`Registration Date
`
`09/26/1995
`
`Application Date
`
`10/12/1994
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`PROFORMA
`
`NONE
`
`Class 035. First use: First Use: 1994/03/00 First Use In Commerce: 1994/03/00
`advertising services, namely the selection and imprinting of items manufac-
`turedby others to be used by the customer asgive aways, promotional items or
`for sale
`
`U.S. Registration
`No.
`
`2712821
`
`Registration Date
`
`05/06/2003
`
`Application Date
`
`08/24/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`CONNECT WITH THE POWER OF...PROFORMA
`
`NONE
`
`Class 016. First use: First Use: 2001/05/01 First Use In Commerce: 2001/05/01
`business forms and documents, namely, announcements, [ annual reports, ]
`badges, binders, brochures, brochure covers, [business cards, business reply
`cards, ]calendars, catalogues, certificates, [ counter cards, coupons, coupon
`books, ] door hangers, flyers, folders, file folders, presentation folders, gift certi-
`ficates, index tabs, invitations, [ letterhead, ] mailers, manuals, memo pads,
`
`

`

`newsletters, pamphlets, [ parking tickets, ]posters, pressure tape, programs,
`rack brochures, sell sheets, software documentation, tags, tickets, transfer tape,
`[ wall calendars, ] blank, partially printed and printed labels, paper tags, [ station-
`ary envelopes, blank checks, sales ledger books, printed ticket books and cash
`receipt books ]
`Class 035. First use: First Use: 2001/05/01 First Use In Commerce: 2001/05/01
`advertising services, namely, the selection and imprinting of items manufactured
`by others to be used by the customers as give-aways, promotional items or sale;
`and franchising services, namely, assistance in the establishment and operation
`of businesses specializing in the saleand distribution of business forms, promo-
`tional products and commercial printing
`Class 042. First use: First Use: 2001/05/01 First Use In Commerce: 2001/05/01
`commercial printing services and business assistance services, namely, design-
`ing and implementing interactive on-line websites for others to provide employ-
`ees and customers of others with direct, continuous access to printed company
`materials and promotional merchandise
`
`U.S. Application
`No.
`
`88391956
`
`Application Date
`
`04/18/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`PROFORMA PROVISION
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the centered stylized word "PROforma" in black, with the
`lower portions of the letters "R" and "f"swooping under the letter "O", the
`word"PROVISION" in larger type and stylizedfont running there below, with the
`letters in the word "PROVISION" transitioning in color from red, to magenta, to
`purple.
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`franchise services, namely, offering business management assistance in the es-
`tablishment and operation of businesses offering printing, promotional products,
`custom packaging, communications and e-commerce solutions to their custom-
`ers
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`design and development of computer software for the improvement of the busi-
`nessoperations of franchisees
`
`U.S. Application
`No.
`
`88391828
`
`Application Date
`
`04/18/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`PROFORMA PROVISION
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the centered word "PROforma" in stylized font, with the
`lower portions of the letters "R" and "f" swooping under the letter "O", with the
`letters "PRO" in black and the letters forma in magenta and the word "PROVI-
`SION"in larger type and in stylized font running there below, with the letters in
`the word "PROVISION" transitioning in color from red, to magenta, to purple.
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`franchise services, namely, offering business management assistance in the es-
`tablishment and operation of businesses offering printing, promotional products,
`custom packaging, communications and e-commerce solutions to their custom-
`ers
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`design and development of computer software for the improvement of the busi-
`nessoperations of franchisees
`
`U.S. Application
`No.
`
`88391506
`
`Application Date
`
`04/18/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`PROFORMA PROVISION
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the centered word "PROforma" in stylized font, with the
`lower portions of the letters "R" and "f" swooping under the letter "O", and the
`word "PROVISION" in larger type and in stylized font running there below.
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`franchise services, namely, offering business management assistance in the es-
`tablishment and operation of businesses offering printing, promotional products,
`custom packaging, communications and e-commerce solutions to their custom-
`ers
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`design and development of computer software for the improvement of the busi-
`nessoperations of franchisees
`
`U.S. Application
`No.
`
`88360649
`
`Application Date
`
`03/28/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`PROFORMA PROVISION
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`franchise services, namely, offering business management assistance in the es-
`tablishment and operation of businesses offering printing, promotional products,
`custom packaging, communications and e-commerce solutions to their custom-
`ers
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`design and development of computer software for the improvement of the busi-
`nessoperations of franchisees
`
`U.S. Application
`No.
`
`88692725
`
`Application Date
`
`11/14/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`PROFORMA PROSTORES
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`designing, creating, maintaining, and hosting e-commerce websites for others
`
`88692681
`
`Application Date
`
`11/14/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`PROFORMA PROSTORE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`designing, creating, maintaining and hosting e-commerce websites for others
`
`88553892
`
`Application Date
`
`07/31/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`PROFORMA PROSHOPS
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Designing, creating, maintaining, and hosting e-commerce websites for others
`
`88553784
`
`Application Date
`
`07/31/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`PROFORMA PROSHOP
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Designing, creating, maintaining, and hosting e-commerce websites for others
`
`76304881#TMSN.png( bytes )
`88391956#TMSN.png( bytes )
`88391828#TMSN.png( bytes )
`88391506#TMSN.png( bytes )
`88360649#TMSN.png( bytes )
`88692725#TMSN.png( bytes )
`88692681#TMSN.png( bytes )
`88553892#TMSN.png( bytes )
`88553784#TMSN.png( bytes )
`PFMZ700168-Notice of Opposition.pdf(867746 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Jude A. Fry/
`
`Jude A. Fry
`
`05/19/2020
`
`

`

`
`
` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of trademark application Serial No. 88/706,939
`For the mark PROFORIA
`Published in the Official Gazette on March 17, 2020
`
`
`)
`
`
`Proforma, Inc.,
`)
`
`
`
`
`
`
`)
`
`
`
`
`Opposer,
`)
`
`
`
`
`
`
`)
`
`
`v.
`
`
`)
`
`
`
`
`
`
`)
`
`
`Printforia, Inc.,
`
`)
`
`
`
`
`
`
`)
`
`
`
`
`Applicant.
` )
`
`
`
`Opposition No.
`
`NOTICE OF OPPOSITION
`
`
`Attention: TTAB
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`Proforma, Inc., a corporation organized and existing under the laws of the State
`
`of Ohio, located and doing business at 8800 E. Pleasant Valley Road, Cleveland, Ohio
`
`44131 (hereinafter referred to as “Opposer”), believes that it will be damaged by the
`
`registration of the mark PROFORIA shown in the above-identified application in
`
`International Classes 35 and 40, and hereby opposes the same.
`
`
`
`
`
`The grounds for opposition are as follows:
`
`1.
`
`Opposer has provided goods and services under the PROFORMA mark
`
`since at least as early as 1982, and under the virtually identical mark PRO FORMA
`
`
`
`

`

`
`
`since 1978. The company was incorporated under its present name, Proforma, Inc., in
`
`1981 and has continuously operated under that trade name thereafter.
`
`
`
`2.
`
`Opposer is in the business of providing a wide range of goods and
`
`services. Opposer began providing specialty printing services under PRO FORMA in
`
`1978, and then proceeded to expand into and offer other goods and services. Since at
`
`least as early as 1982, Opposer has been providing distributorship services in the field
`
`of office equipment and office supplies under the PROFORMA mark. Opposer has
`
`continued to supply business forms and documents, customized printing services and
`
`imprinting of company names and logos on items manufactured by others under the
`
`mark PROFORMA through the present day. Opposer is a top-ranking supplier of print
`
`and promotional products across North America. Opposer also provides franchising
`
`services, advertising services, website design and implementation services, as well as
`
`an assortment of products used by businesses in both conducting their operations as
`
`well as promoting themselves, e.g., to their customers, all under the PROFORMA mark.
`
`3.
`
`Opposer has continuously provided a wide variety of products and
`
`services under the PROFORMA mark. Opposer helps deliver creative and professional
`
`printing results with custom and web-based print-on-demand projects including
`
`marketing and sales materials, flyers, posters, brochures, booklets, handbooks,
`
`catalogs, annual reports, custom packaging, binding, finishing and other printing
`
`solutions. Products offered
`
`include electronics and related products, branded
`
`merchandise, promotional merchandise, uniforms and apparel, digital media, awards
`
`and recognition products, and related items. Now, even personal protective equipment
`
`(PPEs) is among the products offered by Proforma. The PROFORMA mark is used in
`
`
`
`2
`
`

`

`
`
`association with these products. The mark is printed directly on the products, or the
`
`products are enclosed in shipping cartons bearing a PROFORMA mark. In addition,
`
`Proforma provides ecommerce, video and audio services to its customers, as well as
`
`other products and services that assist its customers in promoting themselves. For
`
`example, Proforma provides complete trade show set ups, including multimedia
`
`capabilities and structural support apparatus for display monitors and the like which are
`
`used in the exhibit displays. Proforma’s order fulfillment services include managing
`
`inventory, packing and shipping each order as it is received and includes e-commerce,
`
`kitting and fulfillment as well as other integrated business solutions. Opposer has used
`
`PROFORMA in association with such goods and services since long prior to Applicant’s
`
`filing date.
`
`4.
`
`Since at least as early as 1997, Opposer has operated a website at the
`
`domain www.proforma.com. Opposer’s website provides information on Opposer’s
`
`business of custom printing services and order fulfillment services as well as preparing
`
`custom promotional and merchandising material
`
`for others and also provides
`
`information about the various other products and services offered by Opposer.
`
`5.
`
`Opposer owns and relies upon the following U.S. trademark registrations
`
`incorporating its PROFORMA mark (TESS copies of which are attached hereto as
`
`Exhibit A and made of record):
`
`Reg. No.
`1,208,208
`1,650,434
`1,922,392
`2,712,821
`
`Mark
`
`PRO FORMA
`PROFORMA
`PROFORMA
`CONNECT WITH THE POWER OF…PROFORMA
`
`U.S. Registration Nos. 1,208,208; 1,650,434; 1,922,392; and 2,712,821 are
`
`incontestable as a matter of law under 15 U.S.C. § 1065.
`
`
`
`3
`
`

`

`
`
`6.
`
`Opposer also owns and relies upon the following U.S. trademark
`
`applications incorporating its PROFORMA mark (TESS copies of which are attached
`
`hereto as Exhibit B and made of record):
`
`Ser. No.
`88/391,956
`88/391,828
`88/391,506
`88/360,649
`88/692,725
`88/692,681
`88/553,892
`88/553,784
`
`Mark
`PROFORMA PROVISION
`PROFORMA PROVISION
`PROFORMA PROVISION
`PROFORMA PROVISION
`PROFORMA PROSTORES
`PROFORMA PROSTORE
`PROFORMA PROSHOPS
`PROFORMA PROSHOP
`
`Opposer’s U.S. trademark registrations and U.S. trademark applications are collectively
`
`referred to as the “PROFORMA Marks.”
`
`7.
`
`Opposer
`
`is a supplier of customized printing, promotional and
`
`merchandising products for others under the PROFORMA Marks. Opposer sells
`
`branded promotional materials or giveaways under the PROFORMA Marks, and also
`
`provides customized printing, order fulfillment, and business consultation services under
`
`the PROFORMA Marks.
`
`
`
`8.
`
`Opposer’s goods and services are provided via a network of about 650
`
`franchisees, who, in turn, provide goods and services to 50,000 clients worldwide. Each
`
`of Opposer’s franchisees operates its business employing the PROFORMA marks.
`
`Opposer also conducts or has conducted business with about 15,000 product
`
`manufacturers. As a result, Opposer interacts under the PROFORMA Marks with an
`
`inordinate number of different third parties. Customers of Opposer readily recognize
`
`Opposer’s PROFORMA Marks as a source for a wide variety of goods and services.
`
`Opposer, itself and through its franchisees, has developed an exceedingly significant
`
`amount of goodwill with respect to its PROFORMA Marks. By virtue of its efforts, and
`
`
`
`4
`
`

`

`
`
`the expenditure of considerable sums on promotional activities and the quality of goods
`
`and services provided by Opposer, Opposer has gained for its PROFORMA Marks a
`
`most valuable reputation.
`
`
`
`9.
`
`Notwithstanding Opposer’s long prior rights in and to the PROFORMA
`
`Marks for a wide variety of goods and services, Applicant, on November 16, 2019,
`
`applied to register the virtually identical trademark PROFORIA in association with
`
`“Order fulfillment services; Supply chain management services” in Class 35 and
`
`“Printing services” in Class 40 (hereafter “Applicant’s services”). This application,
`
`subject of Serial No. 88/706,939, was published for opposition on March 17, 2020.
`
`
`
`10.
`
`The PROFORIA mark proposed for registration by Applicant is virtually
`
`identical to and confusingly similar to Opposer’s PROFORMA Marks.
`
`11.
`
`The services for which Applicant seeks to register its PROFORIA Mark are
`
`identical to, substantially similar to, related to, in the zone of expansion of, or of the
`
`same general type as those offered under the Opposer’s PROFORMA Marks.
`
`12.
`
`There is no issue as to priority. Opposer’s use, filing, and registration of
`
`the PROFORMA Marks predate Applicant’s filing date.
`
`13. Applicant’s use and registration of PROFORIA in connection with
`
`Applicant’s services will cause damage to Opposer, because such use is likely to cause
`
`confusion and/or mistake by wrongly leading persons to believe that Applicant’s
`
`services offered under the mark PROFORIA are provided by, endorsed by, approved
`
`by, sponsored by, or somehow affiliated with Opposer. Consumers familiar with any of
`
`Opposer’s PROFORMA Marks would be likely to purchase or otherwise obtain
`
`Applicant’s services, under the mistaken impression that Applicant’s services are
`
`
`
`5
`
`

`

`
`
`marketed, endorsed, approved, or sponsored by Opposer. Any such confusion in the
`
`trade inevitably would result in the dilution of the goodwill provided by the Opposer.
`
`Furthermore, any defect, objection or fault found with Applicant’s services under the
`
`PROFORIA mark would unnecessarily reflect upon and seriously injure the reputation
`
`which Opposer has established with respect to its products and services associated
`
`with its PROFORMA Marks and trade name.
`
`14. Based on the foregoing, registration of the mark PROFORIA depicted in
`
`Serial No. 88/706,939, filed November 16, 2019 on the Principal Register, would cause
`
`injury and damage to Opposer.
`
`WHEREFORE, Opposer
`
`requests
`
`that
`
`registration of Applicant’s mark
`
`PROFORIA, application Serial No. 88/706,939, be denied and that this opposition be
`
`sustained in favor of Opposer.
`
`
`Dated: May 19, 2020
`
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`Respectfully submitted,
`
`FAY SHARPE LLP
`
`
`
`
`
`
`
`
`
`
`
`/s/ Jude A. Fry
`Jay F. Moldovanyi
`Jude A. Fry
`
`
`Sandra M. Koenig
`1228 Euclid Avenue, 5th Floor
`Cleveland, Ohio 44115
`Phone: (216) 363-9000
`Fax: (216) 363-9001
`E-mail: jmoldovanyi@faysharpe.com
` jfry@faysharpe.com
`
` skoenig@faysharpe.com
`
`
`
`
`
`PFMZ 700168US01 4403628 1
`
`Attorneys for Opposer,
`Proforma, Inc.
`
`
`
`6
`
`

`

`
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`
`EXHIBIT A
`EXHIBITA
`
`

`

`4/30/2020
`
`Trademark Electronic Search System (TESS)
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`PRO FORMA
`IC 016. US 037. G & S: Business Forms. FIRST USE: 19780217. FIRST USE IN COMMERCE: 19781031
`
`IC 035. US 100 101. G & S: Specialty Printing Services-Namely, Design and Printing of Business Forms for
`Others. FIRST USE: 19780217. FIRST USE IN COMMERCE: 19781031
`(1) TYPED DRAWING
`
`Mark Drawing
`Code
`Serial Number 73279439
`Filing Date
`September 26, 1980
`Current Basis 1A
`Original Filing
`1A
`Basis
`Published for
`Opposition
`Registration
`Number
`Registration
`Date
`Owner
`
`June 15, 1982
`
`1208208
`
`September 14, 1982
`
`(REGISTRANT) ProForma Inc. CORPORATION OHIO 19007 St. Clair Ave. Cleveland OHIO 44117
`
`(LAST LISTED OWNER) PROFORMA INC. CORPORATION BY ASSIGNMENT OHIO 8800 E. PLEASANT
`VALLEY ROAD CLEVELAND OHIO 44131
`ASSIGNMENT RECORDED
`
`JAY F. MOLDOVANYI
`
`TRADEMARK. SERVICE MARK
`PRINCIPAL
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20120514.
`2ND RENEWAL 20120514
`LIVE
`
`Assignment
`Recorded
`Attorney of
`Record
`Type of Mark
`Register
`Affidavit Text
`Renewal
`Live/Dead
`Indicator
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`PROFORMA
`IC 042. US 100 101. G & S: distributorship services in the field of office equipment and supplies [and office
`furniture]. FIRST USE: 19820405. FIRST USE IN COMMERCE: 19851000
`(1) TYPED DRAWING
`
`Word Mark
`Goods and
`Services
`Mark Drawing
`Code
`Serial Number 74078219
`Filing Date
`July 16, 1990
`Current Basis 1A
`Original Filing
`1A
`Basis
`Published for
`Opposition
`Registration
`Number
`Registration
`Date
`Owner
`Attorney of
`Record
`Prior
`Registrations
`Type of Mark
`SERVICE MARK
`Register
`PRINCIPAL
`Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20110326.
`Renewal
`2ND RENEWAL 20110326
`Live/Dead
`LIVE
`Indicator
`
`April 16, 1991
`
`1650434
`
`July 9, 1991
`
`(REGISTRANT) Proforma Inc. CORPORATION OHIO 8800 E. Pleasant Valley Road Cleveland OHIO 44131
`Jay F. Moldovanyi
`
`1208208;1525605;1540775;1567066;AND OTHERS
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`Word Mark
`Goods and
`Services
`
`PROFORMA
`IC 035. US 100 101 102. G & S: advertising services, namely the selection and imprinting of items manufactured
`by others to be used by the customer as give aways, promotional items or for sale. FIRST USE: 19940300. FIRST
`USE IN COMMERCE: 19940300
`
`Mark
`Drawing
`Code
`Serial
`Number
`Filing Date
`Current
`Basis
`Original
`Filing Basis 1A
`Published for
`July 4, 1995
`Opposition
`Registration
`Number
`Registration
`Date
`Owner
`
`(1) TYPED DRAWING
`
`74593799
`
`October 12, 1994
`1A
`
`1922392
`
`September 26, 1995
`
`(REGISTRANT) Proforma, Inc. CORPORATION OHIO 8800 E. PLEASANT VALLEY ROAD Cleveland OHIO
`44131
`Jay F. Moldovanyi
`
`Attorney of
`Record
`Prior
`Registrations 1208208;1525605;1540775;1567066;1650434;1770389;AND OTHERS
`Type of Mark SERVICE MARK
`Register
`PRINCIPAL
`Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20141231.
`Renewal
`2ND RENEWAL 20141231
`Live/Dead
`LIVE
`Indicator
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`Word Mark
`Goods and
`Services
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`CONNECT WITH THE POWER OF...PROFORMA
`IC 016. US 002 005 022 023 029 037 038 050. G & S: business forms and documents, namely, announcements, [
`annual reports, ] badges, binders, brochures, brochure covers, [ business cards, business reply cards, ] calendars,
`catalogues, certificates, [ counter cards, coupons, coupon books, ] door hangers, flyers, folders, file folders,
`presentation folders, gift certificates, index tabs, invitations, [ letterhead, ] mailers, manuals, memo pads,
`newsletters, pamphlets, [ parking tickets, ] posters, pressure tape, programs, rack brochures, sell sheets, software
`documentation, tags, tickets, transfer tape, [ wall calendars, ] blank, partially printed and printed labels, paper tags, [
`stationary envelopes, blank checks, sales ledger books, printed ticket books and cash receipt books ]. FIRST USE:
`20010501. FIRST USE IN COMMERCE: 20010501
`
`IC 035. US 100 101 102. G & S: advertising services, namely, the selection and imprinting of items manufactured by
`others to be used by the customers as give-aways, promotional items or sale; and franchising services, namely,
`assistance in the establishment and operation of businesses specializing in the sale and distribution of business
`forms, promotional products and commercial printing. FIRST USE: 20010501. FIRST USE IN COMMERCE:
`20010501
`
`IC 042. US 100 101. G & S: commercial printing services and business assistance services, namely, designing and
`implementing interactive on-line websites for others to provide employees and customers of others with direct,
`continuous access to printed company materials and promotional merchandise. FIRST USE: 20010501. FIRST USE
`IN COMMERCE: 20010501
`
`(1) TYPED DRAWING
`
`76304881
`
`August 24, 2001
`1A
`
`Mark
`Drawing
`Code
`Serial
`Number
`Filing Date
`Current
`Basis
`Original
`Filing Basis 1A
`Published for
`February 11, 2003
`Opposition
`Registration
`Number
`Registration
`Date
`Owner
`
`2712821
`
`May 6, 2003
`
`(REGISTRANT) Proforma, Inc. CORPORATION OHIO 8800 E. Pleasant Valley Road Cleveland OHIO 44131
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`Trademark Electronic Search System (TESS)
`
`Jay F. Moldovanyi
`
`4/30/2020
`Attorney of
`Record
`Prior
`Registrations 1208208;1567066;1650434;1922392;1963905;AND OTHERS
`Type of Mark TRADEMARK. SERVICE MARK
`Register
`PRINCIPAL
`Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20130521.
`Renewal
`1ST RENEWAL 20130521
`Live/Dead
`LIVE
`Indicator
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`EXHIBIT B
`EXHIBIT B
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`4/30/2020
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`Word Mark PROFORMA PROVISION
`Goods and
`IC 035. US 100 101 102. G & S: franchise services, namely, offering business management assistance in the
`Services
`establishment and operation of businesses offering printing, promotional products, custom packaging,
`communications and e-commerce solutions to their customers
`
`IC 042. US 100 101. G & S: design and development of computer software for the improvement of the business
`operations of franchisees
`
`(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
`
`88391956
`
`Mark
`Drawing
`Code
`Serial
`Number
`Filing Date April 18, 2019
`Current
`1B
`Basis
`Original
`Filing
`Basis
`Published
`for
`Opposition
`Owner
`Attorney of
`Record
`Description
`of Mark
`
`1B
`
`September 3, 2019
`
`(APPLICANT) Proforma, Inc. CORPORATION OHIO 8800 E. Pleasant Valley Road Cleveland OHIO 44131
`Jay F. Moldovanyi
`
`The color(s) black, red, magenta, and purple is/are claimed as a feature of the mark. The mark consists of the
`centered stylized word "PROforma" in black, with the lower portions of the letters "R" and "f" swooping under the
`letter "O", the word "PROVISION" in larger type and stylized font running there below, with the letters in the word
`"PROVISION" transitioning in color from red, to magenta, to purple.
`SERVICE MARK
`
`Type of
`Mark
`Register
`PRINCIPAL
`Live/Dead LIVE
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`Word Mark PROFORMA PROVISION
`Goods and
`IC 035. US 100 101 102. G & S: franchise services, namely, offering business management assistance in the
`Services
`establishment and operation of businesses offering printing, promotional products, custom packaging,
`communications and e-commerce solutions to their customers
`
`IC 042. US 100 101. G & S: design and development of computer software for the improvement of the business
`operations of franchisees
`
`(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
`
`88391828
`
`1B
`
`September 3, 2019
`
`Mark
`Drawing
`Code
`Serial
`Number
`Filing Date April 18, 2019
`Current
`1B
`Basis
`Original
`Filing
`Basis
`Published
`for
`Opposition
`Owner
`Attorney of
`Record
`Description
`of Mark
`
`(APPLICANT) Proforma, Inc. CORPORATION OHIO 8800 E. Pleasant Valley Road Cleveland OHIO 44131
`Jay F. Moldovanyi
`
`The color(s) black, red, magenta, and purple is/are claimed as a feature of the mark. The mark consists of the
`centered word "PROforma" in stylized font, with the lower portions of the letters "R" and "f" swooping under the letter
`"O", with the letters "PRO" in black and the letters forma in magenta and the word "PROVISION" in larger type and
`in stylized font running there below, with the letters in the word "PROVISION" transitioning in color from red, to
`magenta, to purple.
`SERVICE MARK
`
`Type of
`Mark
`Register
`
`PRINCIPAL
`
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`Word Mark PROFORMA PROVISION
`Goods and
`IC 035. US 100 101 102. G & S: franchise services, namely, offering business management assistance in the
`Services
`establishment and operation of businesses offering printing, promotional products, custom packaging,
`communications and e-commerce solutions to their customers
`
`IC 042. US 100 101. G & S: design and development of computer software for the improvement of the business
`operations of franchisees
`
`(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
`
`88391506
`
`Mark
`Draw