Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1064888
`06/29/2020
`
`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
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Correspondence
`information
`
`Atos SE
`
`06/28/2020
`
`80 QUAI VOLTAIRE RIVER OUEST
`BEZONS, 95870
`FRANCE
`
`JULIE B SEYLER
`ABELMAN FRAYNE & SCHWAB
`666 THIRD AVENUE
`NEW YORK, NY 10017
`UNITED STATES
`jbseyler@lawabel.com, aallen@lawabel.com
`212-949-9022
`
`Applicant Information
`
`Application No
`
`88354132
`
`Publication date
`
`12/31/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`06/29/2020
`
`Opposition Peri-
`od Ends
`
`06/28/2020
`
`Ottopia Technologies Ltd.
`7 Shevah Street
`Tel Aviv, 6777937
`ISRAEL
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Computer hardware and downloadable
`computer software for safe remote control ofa vehicle; computer hardware and downloadable com-
`puter software for safe remotecontrol of an autonomous vehicle; computer hardware and download-
`able computer software for operating unmanned ground vehicles; computer hardware and download-
`able computer software for ultra-low latency streaming of video from vehicles, forthe purpose of sur-
`veillance, monitoringand mapping; computer hardware and downloadable computer software for ul-
`tra-lowlatency streaming of audio from vehicles, for the purpose of surveillance, monitoring and map-
`ping
`
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Providing online, non-downloadable soft-
`ware for safe remote control of a vehicle; providing online, non-downloadable software for safe re-
`mote control of an autonomous vehicle; providing online, non-downloadable software for operating
`unmanned ground vehicles; providing online, non-downloadable software for ultra-low latency
`streaming of video from vehicles,for the purpose of surveillance, monitoring and mapping; providing
`
`

`

`online, non-downloadable software for ultra-low latency streaming of audio from vehicles, for the pur-
`pose of surveillance, monitoring and mapping
`
`Applicant Information
`
`Application No
`
`88332991
`
`Publication date
`
`12/31/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`06/29/2020
`
`Opposition Peri-
`od Ends
`
`Ottopia Technologies Ltd.
`7 Shevah Street
`Tel Aviv, 6777937
`ISRAEL
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Computer hardware and downloadable
`computer software for safe remote control ofa vehicle; computer hardware and downloadable com-
`puter software for safe remotecontrol of an autonomous vehicle; computer hardware and download-
`able computer software for operating unmanned ground vehicles; computer hardware and download-
`able computer software for ultra-low latency streaming of video from vehicles, forthe purpose of sur-
`veillance, monitoringand mapping; computer hardware and downloadable computer software for ul-
`tra-lowlatency streaming of audio from vehicles, for the purpose of surveillance, monitoring and map-
`ping
`
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Providing online, non-downloadable soft-
`ware for safe remote control of a vehicle; providing online, non-downloadable software for safe re-
`mote control of an autonomous vehicle; providing online, non-downloadable software for operating
`unmanned ground vehicles; providing online, non-downloadable software for ultra-low latency
`streaming of video from vehicles,for the purpose of surveillance, monitoring and mapping; providing
`online, non-downloadable software for ultra-low latency streaming of audio from vehicles, for the pur-
`pose of surveillance, monitoring and mapping
`
`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.
`
`2554744
`
`Registration Date
`
`04/02/2002
`
`Word Mark
`
`ATOS
`
`Application Date
`
`12/17/1999
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`[ COMPUTER SOFTWARE AND COMPUTER SOFTWARE PACKAGES FOR
`MANAGEMENT, INTEGRATION,MONITORING, VERIFICATION AND RE-
`MOTE CONTROL OF INDUSTRIAL OPERATIONS, AS WELL AS FOR CAL-
`CULATING AND FURNISHING DATA AND STATISTICAL INFORMATION, IN
`THE FIELDSOF BANKING, FINANCE AND TELECOMMUNICATIONS ]
`Class 016. First use: First Use: 0 First Use In Commerce: 0
`[ COMPUTER OPERATION BOOKLETS; CHECKBOOKS, CREDIT CARDS,
`NEWSPAPERS AND PERIODICALS IN THE FIELD OF COMPUTERIZED
`BANKING, FINANCIAL AND TELECOMMUNICATIONS ]
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`COMMERCIAL AND TECHNICAL ADMINISTRATIVEMANAGEMENT OF COM-
`PUTER FILES FOR OTHERS; MANAGEMENT OF COMPUTER SERVERS
`Class 036. First use: First Use: 0 First Use In Commerce: 0
`[ SECURE ELECTRONIC CREDIT CARD, DEBIT CARD AND CASH TRANS-
`ACTIONS IN THE FIELD OF ELECTRONIC COMMERCE; CREDIT CARD
`SERVICES AND MONEY ORDER SERVICES; ISSUANCE OF CHECKS AND
`LETTERS OF CREDIT; CHECK PROCESSING AND VERIFICATION ]
`Class 037. First use: First Use: 0 First Use In Commerce: 0
`[ INSTALLATIONS OF POINT-OF-SALE TERMINALS TO BUSINESSES; COM-
`PUTER HARDWARE MAINTENANCE SERVICES ]
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`[ TELECOMMUNICATION SERVICES, namely, ISDN SERVICES FOR THE
`COMMUNICATION OF DATA VIA MULTIMEDIA NETWORKS; SECURE ELEC-
`TRONIC TRANSMISSION OF MESSAGES AND IMAGES ASSISTED BY COM-
`PUTERS; ELECTRONIC MAILSERVICES, MOBILE TELEPHONE SERVICES ]
`Class 041. First use: First Use: 0 First Use In Commerce: 0
`COMPUTER EDUCATION TRAINING SERVICES; EDUCATIONAL SERVICES,
`namely, ARRANGING AND CONDUCTING COURSES AND SEMINARS IN
`THE FIELD OF COMPUTERS [ ; RENTAL OF COMPUTER FILES ]
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`[ COMPUTER PROGRAMMING FOR OTHERS IN THE FIELD OF ELECTRON-
`IC BANKING; ] RESEARCH AND DEVELOPMENT OF NEW COMPUTER
`PRODUCTS FOR OTHERS; COMPUTER CONSULTATION; MAINTENANCE
`OF COMPUTER SOFTWARE AND DATABASES; DATA ENCRYPTION SER-
`VICES FOR SECURE COMPUTER TRANSACTIONS AND TRANSFERRING-
`
`

`

`DATA; COMPUTER MANAGEMENT CONSULTATIONS; RENTAL OF AC-
`CESS TIME TO A CENTRAL SERVER OF DATABASES; MANAGEMENT OF
`COMPUTERSERVERS, namely, MULTIMEDIA SYSTEMS, INTERACTIVE
`VIDEO GRAPHICS, AND WORLDWIDE COMPUTER TELECOMMUNICA-
`TIONS NETWORKS; RENTAL OF COMPUTER SOFTWARE
`
`U.S. Registration
`No.
`
`4326275
`
`Registration Date
`
`04/30/2013
`
`Word Mark
`
`Design Mark
`
`ATOS
`
`Application Date
`
`07/20/2011
`
`Foreign Priority
`Date
`
`06/14/2011
`
`The mark consists of the wording "ATOS"in stylized font.
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`[ Scientific apparatus other than for medical use and electric apparatus intended
`for conducting, switching, transforming, storing, regulating and controlling electri-
`city, water, gas and petroleum, namely, electrical controllers; ] apparatus, media
`for producing, reproducing, recording, storing, manipulating, transmitting, pro-
`cessing sound, images, information and all kinds of data, namely, apparatus for
`recording, transmission, processing and reproduction of sound, images or data;
`data processing apparatus, namely, computer hardware; data transmission sys-
`tems, namely, computer chipset for use in transmitting data to and from a central
`processing unit; computers; computer software for use in database management
`and file management in the field of business technology [ ; printed circuit boards
`
`] C
`
`lass 035. First use: First Use: 0 First Use In Commerce: 0
`Management consulting services, namely,business management consulting and
`advisory services, business consulting, management, and planning services,
`business organizational and development consulting services; technical, admin-
`istrative and commercial consulting services for management, namely, informa-
`tion and data compiling and analyzing relating to business management and fa-
`cilities management of technical operations; technical, administrative and com-
`mercial consulting services in the field of information technologies, namely,
`providing business administration and management advice in the field of inform-
`ation technology and data processing systems; data processing services; ad-
`ministrative management of computer operations for others, namely, operation
`of computer assisted business information services; business strategic planning
`services in the field of information technologies; management of computerized
`files, namely, providing a secured access database via the Internet through
`which documents and images can be viewed,copied, and printed for business
`purposes; computerized management of administrative, commercial and tech-
`nical matters,namely, computerized office management,and computerized cent-
`ral file management and business file management; personnel recruitment and
`management services; [organization of exhibitions for commercial purposes,
`namely, arranging, organizing, and conducting exhibitions for business, com-
`mercial, and advertising purposes; ] computer services, namely, computerized
`file management; compiling of databases, namely, the collection, compilation,
`and systemization of information into computer databases; professional consult-
`
`Description of
`Mark
`
`Goods/Services
`
`

`

`ing and consulting services in the field of compilation of computer data-
`bases;consulting in the field of systematization and outsourcing of data; busi-
`ness management services for others, namely, remote computerized manage-
`ment services ofadministrative office functions, namely, accounting and human
`resource matters;outsourcing services for document and data processing for a
`company, namely, services for compilation and systemizationof data into com-
`puter databases, input and processing of data, information, images, documents,
`database and image updates
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Telecommunication services, namely, providing telecommunication connections
`to a computer network and to the Internet; providing access to the Internet and
`telecommunications networks; computer aidedtransmission of images and mes-
`sages, electronic mail services [, mobile telephony ] ; electronic transmission of
`data and data signals, namely, electronic, electric, and digital transmission of
`voice, data, images, signals, and messages; electronic exchange of data stored
`in databases accessible via telecommunications networks; providing electronic
`transmission of information stored in a database via interactively communicating
`computer systems; signal transmission for electronic commerce via telecommu-
`nication systems and data communications systems; high bit rate data transmis-
`sion services for telecommunication network operators;[ rental of access time to
`computer databases; ] providing secure access to telecommunications net-
`works; [ providing electronic transmission of secure payment information via a
`global computer network; ] electronic exchange of data stored in databases ac-
`cessible via telecommunications networks; telecommunication consultation in
`the nature of technical consulting in the field of audio, text, and visual data trans-
`mission and communication via the Internet
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Computer programming services, design and updating of computer software; [
`computing services, namely, rental of computers; ] computer programming;
`technical support services, namely, troubleshootingin the nature of diagnosing
`computer software problems; integration of computing systems and networks; [
`rental of computer software; ] consulting services in the field of remote computer
`based information systems for businesses; consulting and research services in
`the field of information technology and upgrading of computer networking soft-
`ware; managementof information technology systems; consultation services in
`the field of computer project management; hosting a server on a global com-
`puter network for providing customer information; computer services, namely,
`providing a secured-access website featuring technology that gives members
`the ability to obtain a secured access to computerized networks; [ computer pro-
`gramming services for electronic and computer payment processing solutions; ]
`design and development of energy efficient computer hardware and software;
`consulting services in the field of energy efficient computing and energy efficient
`technology
`
`U.S. Registration
`No.
`
`4326277
`
`Registration Date
`
`04/30/2013
`
`Word Mark
`
`Design Mark
`
`ATOS
`
`Application Date
`
`07/11/2011
`
`Foreign Priority
`Date
`
`05/27/2011
`
`

`

`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`[ Scientific apparatus other than for medical use and electric apparatus intended
`for conducting, switching, transforming, storing, regulating and controlling electri-
`city, water, gas and petroleum, namely, electrical controllers; ] apparatus, media
`for producing, reproducing, recording, storing, manipulating, transmitting, pro-
`cessing sound, images, information and all kinds of data, namely, apparatus for
`recording, transmission, processing and reproduction of sound, images or data;
`data processing apparatus, namely, computer hardware; data transmission sys-
`tems, namely, computer chipset for use in transmitting data to and from a central
`processing unit; computers; computer software for use in database management
`and file management in the field of business technology [ ; printed circuit boards
`
`] C
`
`lass 035. First use: First Use: 0 First Use In Commerce: 0
`Management consulting services, namely,business management consulting and
`advisory services, business consulting, management, and planning services,
`business organizational and development consulting services; technical, admin-
`istrative and commercial consulting services for management, namely, informa-
`tion and data compiling and analyzing relating to business management and fa-
`cilities management of technical operations; technical, administrative and com-
`mercial consulting services in the field of information technologies, namely,
`providing business administration and management advice in the field of inform-
`ation technology and data processing systems; data processing services; ad-
`ministrative management of computer operations for others, namely, operation
`of computer assisted business information services; business strategic planning
`services in the field of information technologies; management of computerized
`files, namely, providing a secured access database via the Internet through
`which documents and images can be viewed,copied, and printed for business
`purposes; computerized management of administrative, commercial and tech-
`nical matters,namely, computerized office management,and computerized cent-
`ral file management and business file management; personnel recruitment and
`management services; [organization of exhibitions for commercial purposes,
`namely, arranging, organizing, and conducting exhibitions for business, com-
`mercial, and advertising purposes; ] computer services, namely, computerized
`file management; compiling of databases, namely, the collection, compilation,
`and systemization of information into computer databases; professional consult-
`ing and consulting services in the field of compilation of computer data-
`bases;consulting in the field of systematization and outsourcing of data; busi-
`ness management services for others, namely, remote computerized manage-
`ment services ofadministrative office functions, namely, accounting and human
`resource matters;outsourcing services for document and data processing for a
`company, namely, services for compilation and systemizationof data into com-
`puter databases, input and processing of data, information, images, documents,
`database and image updates
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Telecommunication services, namely, providing telecommunication connections
`to a computer network and to the Internet; providing access to the Internet and
`telecommunications networks; computer aidedtransmission of images and mes-
`sages, electronic mail services, [ mobile telephony ] ; electronic transmission of
`data and data signals, namely, electronic, electric, and digital transmission of
`voice, data, images, signals, and messages; electronic exchange of data stored
`in databases accessible via telecommunicationsnetworks; providing electronic
`transmission of information stored in a databasevia interactively communicating
`computer systems; signal transmission for electronic commerce via telecommu-
`nication systems and data communications systems; high bit rate data transmis-
`sion services for telecommunication network operators; [ rental of access time to
`computer databases; ] providing secure access to telecommunications net-
`
`Description of
`Mark
`
`Goods/Services
`
`

`

`works; [ providing electronic transmission of secure payment information via a
`global computer network; ] electronic exchange of data stored in databases ac-
`cessible via telecommunications networks; telecommunication consultation in
`the nature of technical consulting in the field of audio, text, and visual data trans-
`mission and communicationvia the Internet
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Computer programming services, design and updating of computer software; [
`computing services, namely, rental of computers; ] computer programming;
`technical support services, namely, troubleshootingin the nature of diagnosing
`computer software problems; integration of computing systems and networks; [
`rental of computer software; ] consulting services in the field of remote computer
`based information systems for businesses; consulting and research services in
`the field of information technology and upgrading of computer networking soft-
`ware; managementof information technology systems; consultation services in
`the field of computer project management; hosting a server on a global com-
`puter network for providing customer information; computer services, namely,
`providing a secured-access website featuring technology that gives members
`the ability to obtain a secured access to computerized networks; [ computer pro-
`gramming services for electronic and computer payment processing solutions; ]
`design and development of energy efficient computer hardware and software;
`consulting services in the field of energy efficient computing and energy efficient
`technology
`
`Attachments
`
`75873515#TMSN.png( bytes )
`79101831#TMSN.png( bytes )
`79101940#TMSN.png( bytes )
`ATAS and ATO Notice of Opposition 6.29.20.pdf(108160 bytes )
`
`Signature
`
`Name
`
`Date
`
`/aimeemallen/
`
`Aimee M. Allen
`
`06/29/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In re Application No. 88354132 for ATAS
`Published December 31, 2019
`
`In re Application No. 88332991 for ATO
`Published December 31, 2019
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`Opposer,
`
`
`Atos SE
`
`
`
`
`
`Ottopia Technologies Ltd.
`
`
`
`Applicant
`
`
`
`
`
`
`
`
`
`Opposition No.
`
`ATOS SE, a Societe Anonyme, organized under the laws of France with an address at
`
`NOTICE OF OPPOSITION
`
`River Ouest 80, quai Voltaire, Bezons, F-95870, France, (“Opposer”), believes that it will be
`
`damaged by registration of the mark ATAS in Application No. 88354132 and registration of the
`
`mark ATO in Application No. 88332991 by Ottopia Technologies Ltd., A limited liability
`
`company with an address at 7 Shevah Street, Tel Aviv, Israel 6777937 (”Applicant”), and hereby
`
`opposes the same.
`
`
`
`As grounds for opposition, it is alleged that:
`
`1.
`
`Applicant is seeking to register the mark ATO for “Computer hardware and
`
`downloadable computer software for safe remote control of a vehicle; computer hardware and
`
`downloadable computer software for safe remote control of an autonomous vehicle; computer
`
`hardware and downloadable computer software for operating unmanned ground vehicles;
`
`computer hardware and downloadable computer software for ultra-low latency streaming of
`
`video from vehicles, for the purpose of surveillance, monitoring and mapping; computer
`
`

`

`hardware and downloadable computer software for ultra-low latency streaming of audio from
`
`vehicles, for the purpose of surveillance, monitoring and mapping in Class 9 and Providing
`
`online, non-downloadable software for safe remote control of a vehicle; providing online, non-
`
`downloadable software for safe remote control of an autonomous vehicle; providing online, non-
`
`downloadable software for operating unmanned ground vehicles; providing online, non-
`
`downloadable software for ultra-low latency streaming of video from vehicles, for the purpose of
`
`surveillance, monitoring and mapping; providing online, non-downloadable software for ultra-
`
`low latency streaming of audio from vehicles, for the purpose of surveillance, monitoring and
`
`mapping in Class 42, (hereinafter Applicant’s Class 9 goods and Class 42 services, collectively
`
`referred to as “Applicant’s Goods”).
`
`2.
`
`3.
`
`Applicant is seeking to register the mark ATAS for Applicant’s Goods.
`
`Applicant filed Application No. 87196079 for the trademark ATO based on intent
`
`to use on March 10, 2019.
`
`4.
`
`Applicant filed Application No. 88354132 for the trademark ATAS based on
`
`intent to use on March 25, 2019.
`
`5.
`
`Opposer is the owner of all right, title and interest in and to the trademark ATOS,
`
`(“Opposer’s Mark”).
`
`6.
`
`Opposer is the owner of Registration No. 2554744 for ATOS and Design for
`
`Commercial and technical administrative management of computer files for others; management
`
`of computer servers; computer education training services; educational services, namely,
`
`arranging and conducting courses and seminars in the field of computers; research and
`
`development of new computer products for others; computer consultation; maintenance of
`
`computer software and databases; data encryption services for secure computer transactions and
`
`transferring data; computer management consultations; rental of access time to a central server of
`
` 
`
`2
`
`

`

`databases; management of computer servers, namely, multimedia systems, interactive video
`
`graphics, and worldwide computer telecommunications networks; rental of computer software.
`
`7.
`
`Opposer is the owner of Registrations Nos. 4326275 and 4326277 for ATOS
`
`Stylized and ATOS for Scientific apparatus other than for medical use and electric apparatus
`
`intended for conducting, switching, transforming, storing, regulating and controlling electricity,
`
`water, gas and petroleum, namely, electrical controllers; apparatus, media for producing,
`
`reproducing, recording, storing, manipulating,
`
`transmitting, processing sound,
`
`images,
`
`information and all kinds of data, namely, apparatus for recording, transmission, processing and
`
`reproduction of sound, images or data; data processing apparatus, namely, computer hardware;
`
`data transmission systems, namely, computer chipset for use in transmitting data to and from a
`
`central processing unit; computers; computer software for use in database management and file
`
`management in the field of business technology; printed circuit boards; Management consulting
`
`services, namely, business management consulting and advisory services, business consulting,
`
`management, and planning services, business organizational and development consulting
`
`services; technical, administrative and commercial consulting services for management, namely
`
`information and data compiling and analyzing relating to business management and facilities
`
`management of technical operations; technical, administrative and commercial consulting
`
`services in the field of information technologies, namely providing business administration and
`
`management advice in the field of information technology and data processing systems; data
`
`processing services; administrative management of computer operations for others, namely
`
`operation of computer assisted business information services; business strategic planning
`
`services in the field of information technologies; management of computerized files, namely,
`
`providing a secured access database via the Internet through which documents and images can be
`
`viewed, copied, and printed for business purposes; computerized management of administrative,
`
` 
`
`3
`
`

`

`commercial and technical matters, namely computerized office management, and computerized
`
`central file management and business file management; personnel recruitment and management
`
`services; organization of exhibitions for commercial purposes, namely arranging, organizing, and
`
`conducting exhibitions for business, commercial, and advertising purposes; computer services
`
`namely computerized file management; compiling of databases, namely, the collection,
`
`compilation, and systemization of information into computer databases; professional consulting
`
`and consulting services in the field of compilation of computer databases; consulting in the field
`
`of systematization and outsourcing of data; business management services for others, namely,
`
`remote computerized management services of administrative office functions, namely,
`
`accounting and human resource matters. outsourcing services for document and data processing
`
`for a company, namely, services for compilation and systemization of data into computer
`
`databases, input and processing of data, information, images, documents, database and image
`
`updates; Telecommunication services, namely, providing telecommunication connections to a
`
`computer network and to the Internet; providing access to the Internet and telecommunications
`
`networks; computer aided transmission of images and messages, electronic mail services, mobile
`
`telephony; electronic transmission of data and data signals, namely, electronic, electric, and
`
`digital transmission of voice, data, images, signals, and messages; electronic exchange of data
`
`stored
`
`in databases accessible via
`
`telecommunications networks; providing electronic
`
`transmission of information stored in a database via interactively communicating computer
`
`systems; signal transmission for electronic commerce via telecommunication systems and data
`
`communications systems; high bit rate data transmission services for telecommunication network
`
`operators; rental of access
`
`time
`
`to computer databases; providing secure access
`
`to
`
`telecommunications networks; providing electronic transmission of secure payment information
`
`via a global computer network; electronic exchange of data stored in databases accessible via
`
` 
`
`4
`
`

`

`telecommunications networks; telecommunication consultation in the nature of technical
`
`consulting in the field of audio, text, and visual data transmission and communication via the
`
`Internet; Computer programming services, design and updating of computer software; computing
`
`services, namely, rental of computers; computer programming; technical support services,
`
`namely, troubleshooting in the nature of diagnosing computer software problems; integration of
`
`computing systems and networks; rental of computer software; consulting services in the field of
`
`remote computer based information systems for businesses; consulting and research services in
`
`the field of information technology and upgrading of computer networking software;
`
`management of information technology systems; consultation services in the field of computer
`
`project management; hosting a server on a global computer network for providing customer
`
`information; computer services, namely, providing a secured-access website featuring
`
`technology that gives members the ability to obtain a secured access to computerized networks;
`
`computer programming services for electronic and computer payment processing solutions;
`
`design and development of energy efficient computer hardware and software; consulting services
`
`in the field of energy efficient computing and energy efficient technology. (Opposer’s Mark and
`
`the ATOS-formative marks in Registrations Nos. 2554744; 4326275; and 4326277 are
`
`hereinafter referred to as “Opposer’s Marks” and the goods and services covered in Registrations
`
`Nos. 2554744; 4326275; and 4326277 hereinafter referred to as “Opposer’s Goods and
`
`Services.”)
`
`8.
`
`Opposer has long used Opposer’s Marks in commerce on Opposer’s Goods and
`
`Services.
`
`9.
`
`Opposer has used Opposer’s Marks in commerce on Opposer’s Goods and
`
`Services long prior to the March 10, 2019 filing date of Applicant’s intent to use application for
`
`ATO.
`
` 
`
`5
`
`

`

`10.
`
`Opposer has used Opposer’s Marks in commerce on Opposer’s Goods and
`
`Services long prior to the March 25, 2019 filing date of Applicant’s intent use application for
`
`ATAS.
`
`11.
`
`Applicant’s Mark ATAS is substantially similar to Opposer’s Marks.
`
`12.
`
`Applicant’s Mark ATO is substantially similar to Opposer’s Marks.
`
`13.
`
`Applicant’s Goods are identical to and/or otherwise commercially related to
`
`Opposer’s Goods and Services.
`
`In view of the substantial similarity between the respective marks, the commercial
`
`relationship between the Applicant’s Goods and Opposer’s Goods and Services, registration of
`
`Applicant’s Marks are likely to cause confusion, mistake or deception to purchasers as to the
`
`source of Applicant’s goods, and therefore it is requested that registration to Applicant be
`
`refused under Section 2(d) of the Trademark Act.
`
`WHEREFORE, Opposer believes that it will be damaged by the registration of
`
`Applications Serial Nos. 88354132 for ATAS and 88332991 for ATO and respectfully requests
`
`that registration be refused and this opposition be sustained.
`
`
`Date: June 19, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` 
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/JulieBSeyler/_______________________
`JULIE B. SEYLER
`AIMEE ALLEN
`
`Attorneys for Opposer
`
`ABELMAN, FRAYNE & SCHWAB
`666 Third Avenue
`New York, New York 10017
`(212) 949-9022
`
`6
`
`