Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1064978
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`Filing date:
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`06/29/2020
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91255880
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Defendant
`Printforia, Inc.
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`ADAM D. MATHERLY
`KARR TUTTLE CAMPBELL
`701 FIFTH AVENUE, SUITE 3300
`SEATTLE, WA 98104
`UNITED STATES
`amatherly@karrtuttle.com, trademarks@karrtuttle.com
`no phone number provided
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`Answer
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`ADAM D. MATHERLY
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`amatherly@karrtuttle.com, trademarks@karrtuttle.com
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`/Adam D. Matherly/
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`06/29/2020
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`Attachments
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`Answer.pdf(58728 bytes )
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`PROFORMA, INC.,
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`Opposition No.: 91255880
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`Opposer,
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`v.
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`PRINTFORIA, INC.,
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`Applicant.
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`U.S. Serial No.:
`88706939
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`Mark:
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`PROFORIA
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION
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`Applicant, Printforia, Inc., a Delaware corporation with a principle place of business at
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`4060 S Grant St., Suite 100, Washougal, Washington 98671 (“Applicant”), by its undersigned
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`counsel, hereby responds to the allegations set forth in the Notice of Opposition as follows:
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`ANSWER TO NOTICE
`OF OPPOSITION - 1
`OPPOSITION NO. 91255880
`#1325359 v1 / 73764-001
`
`KARR TUTTLE CAMPBELL
`701 Fifth Avenue, Suite 3300
`Seattle, Washington 98104
`Main: (206) 223 1313
`Fax: (206) 682 7100
`
`
`
`1.
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`Applicant has insufficient knowledge or information upon which to form a belief
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`as to truth of the allegations set forth in paragraph 1 of the Notice of Opposition and, therefore,
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`Applicant denies said allegations.
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`2.
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`Applicant has insufficient knowledge or information upon which to form a belief
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`as to truth of the allegations set forth in paragraph 2 of the Notice of Opposition and, therefore,
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`Applicant denies said allegations.
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`3.
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`Applicant has insufficient knowledge or information upon which to form a belief
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`as to truth of the allegations set forth in paragraph 3 of the Notice of Opposition and, therefore,
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`Applicant denies said allegations.
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`4.
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`Applicant has insufficient knowledge or information upon which to form a belief
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`as to truth of the allegations set forth in paragraph 4 of the Notice of Opposition and, therefore,
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`Applicant denies said allegations.
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`5.
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`Applicant has insufficient knowledge or information upon which to form a belief
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`as to truth of the allegations set forth in paragraph 5 of the Notice of Opposition and, therefore,
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`Applicant denies said allegations.
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`6.
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`Applicant has insufficient knowledge or information upon which to form a belief
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`as to truth of the allegations set forth in paragraph 6 of the Notice of Opposition and, therefore,
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`Applicant denies said allegations.
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`7.
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`Applicant has insufficient knowledge or information upon which to form a belief
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`as to truth of the allegations set forth in paragraph 7 of the Notice of Opposition and, therefore,
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`Applicant denies said allegations.
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`ANSWER TO NOTICE
`OF OPPOSITION - 2
`OPPOSITION NO. 91255880
`#1325359 v1 / 73764-001
`
`KARR TUTTLE CAMPBELL
`701 Fifth Avenue, Suite 3300
`Seattle, Washington 98104
`Main: (206) 223 1313
`Fax: (206) 682 7100
`
`
`
`8.
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`Applicant has insufficient knowledge or information upon which to form a belief
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`as to truth of the allegations set forth in paragraph 8 of the Notice of Opposition and, therefore,
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`Applicant denies said allegations.
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`9.
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`Applicant denies the allegations stated in paragraph 9, except that Applicant admits
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`that on November 26, 2019,
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`it filed U.S. Application Ser. No. 88/706,939 (the “Subject
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`Application”) for registration of the PROFORIA trademark for “Order fulfillment services; Supply
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`chain management services” in Class 35 and “Printing services” in Class 40, and that the Subject
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`Application was published for opposition on March 17, 2020.
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`10.
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`Applicant denies the allegations stated in paragraph 10.
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`11.
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`Applicant denies the allegations stated in paragraph 11.
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`12.
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`Applicant has insufficient knowledge or information upon which to form a belief
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`as to truth of the allegations set forth in paragraph 12 of the Notice of Opposition and, therefore,
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`Applicant denies said allegations.
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`13.
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`Applicant denies the allegations stated in paragraph 13.
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`14.
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`Applicant denies the allegations stated in paragraph 14.
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`AFFIRMATIVE DEFENSES
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`Having fully answered the Notice of Opposition, Applicant alleges the following affirmative
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`defenses:
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`1.
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`Opposer’s request for relief is barred, in whole or in part, by the doctrines of waiver,
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`laches, acquiescence, unclean hands, and estoppel.
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`2.
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`Opposer’s Notice of Opposition fails to state a claim upon which relief can be
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`granted.
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`ANSWER TO NOTICE
`OF OPPOSITION - 3
`OPPOSITION NO. 91255880
`#1325359 v1 / 73764-001
`
`KARR TUTTLE CAMPBELL
`701 Fifth Avenue, Suite 3300
`Seattle, Washington 98104
`Main: (206) 223 1313
`Fax: (206) 682 7100
`
`
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`3.
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`Applicant reserves the right to assert additional defenses based on information
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`learned or obtained during discovery.
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`********
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`WHEREFORE, Applicant prays that the Notice of Opposition be dismissed in its entirety
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`with prejudice, and that the Subject Application be allowed to proceed to allowance.
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`Dated this 29th day of June, 2020.
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`Respectfully submitted,
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`s/ Adam D. Matherly
`Adam D. Matherly, WSBA# 41975
`KARR TUTTLE CAMPBELL
`701 Fifth Avenue, Suite 3300
`Seattle, WA 98104
`Telephone: 206-223-1313
`Facsimile: 206-682-7100
`Email: amatherly@karrtuttle.com
`
`s/ Kyle Straughan
`Kyle Straughan, WSBA# 47963
`KARR TUTTLE CAMPBELL
`701 Fifth Avenue, Suite 3300
`Seattle, WA 98104
`Telephone: 206-223-1313
`Facsimile: 206-682-7100
`Email: kstraughan@karrtuttle.com
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`Attorneys for Applicant
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`ANSWER TO NOTICE
`OF OPPOSITION - 4
`OPPOSITION NO. 91255880
`#1325359 v1 / 73764-001
`
`KARR TUTTLE CAMPBELL
`701 Fifth Avenue, Suite 3300
`Seattle, Washington 98104
`Main: (206) 223 1313
`Fax: (206) 682 7100
`
`
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`CERTIFICATE OF SERVICE
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`On June 29, 2020, I caused to be served, to the party, and using the method shown below,
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`a true and correct copy of the foregoing APPLICANT’S ANSWER TO NOTICE OF
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`OPPOSITION to:
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`VIA EMAIL
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`JAY F. MOLDOVANYI; JUDE A. FRY; and 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
`Attorneys for Opposer
`
`DATED: June 29, 2020
`
`s/ Adam D. Matherly
`Adam D. Matherly, WSBA# 41975
`KARR TUTTLE CAMPBELL
`701 Fifth Avenue, Suite 3300
`Seattle, WA 98104
`Telephone: 206-223-1313
`Facsimile: 206-682-7100
`Email: amatherly@karrtuttle.com
`Attorneys for Applicant
`
`ANSWER TO NOTICE
`OF OPPOSITION - 5
`OPPOSITION NO. 91255880
`#1325359 v1 / 73764-001
`
`KARR TUTTLE CAMPBELL
`701 Fifth Avenue, Suite 3300
`Seattle, Washington 98104
`Main: (206) 223 1313
`Fax: (206) 682 7100
`
`
