Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1069594
`07/21/2020
`
`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
`
`Attorney informa-
`tion
`
`Path Medical, LLC
`
`Limited Liability Company
`
`Citizenship
`
`Florida
`
`2304 W. OAKLAND PARK BLVD.
`FT. LAUDERDALE, FL 33311
`UNITED STATES
`
`MINDI M. RICHTER
`SHUMAKER, LOOP & KENDRICK, LLP
`101 E. KENNEDY BOULEVARD, SUITE 2800
`TAMPA, FL 33602
`UNITED STATES
`Primary Email: mrichter@shumaker.com
`Secondary Email(s): ttimmerman@shumaker.com
`8132297600
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`88799852
`
`Publication date
`
`06/23/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`07/21/2020
`
`Opposition Peri-
`od Ends
`
`07/23/2020
`
`Chung, Steven L.
`1515 MARKET STREET, SUITE 910
`PHILADELPHIA, PA 19102
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 045. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Legal services
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`
`88571353
`
`Application Date
`
`08/08/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`GOT HURT? GET HELP!
`
`
`ESTTA1069594
`07/21/2020
`
`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
`
`Attorney informa-
`tion
`
`Path Medical, LLC
`
`Limited Liability Company
`
`Citizenship
`
`Florida
`
`2304 W. OAKLAND PARK BLVD.
`FT. LAUDERDALE, FL 33311
`UNITED STATES
`
`MINDI M. RICHTER
`SHUMAKER, LOOP & KENDRICK, LLP
`101 E. KENNEDY BOULEVARD, SUITE 2800
`TAMPA, FL 33602
`UNITED STATES
`Primary Email: mrichter@shumaker.com
`Secondary Email(s): ttimmerman@shumaker.com
`8132297600
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`88799852
`
`Publication date
`
`06/23/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`07/21/2020
`
`Opposition Peri-
`od Ends
`
`07/23/2020
`
`Chung, Steven L.
`1515 MARKET STREET, SUITE 910
`PHILADELPHIA, PA 19102
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 045. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Legal services
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`
`88571353
`
`Application Date
`
`08/08/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`GOT HURT? GET HELP!
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Providing attorney referrals
`
`Attachments
`
`88571353#TMSN.png( bytes )
`954.pdf(13778 bytes )
`
`Signature
`
`/Mindi M. Richter/
`
`Name
`
`Date
`
`Mindi M. Richter
`
`07/21/2020
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application No. 88/799,852
`Applicant: Steven L. Chung
`Application Date: February 17, 2020
`Publication Date: June 23, 2020
`
`PATH MEDICAL, LLC,
`
`
`
`Opposer,
`
`v.
`
`STEVEN L. CHUNG,
`
`Applicant.
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Opposition No. __________
`
`NOTICE OF OPPOSITION
`
`Path Medical, LLC (“Path” or “Opposer”), believes that it will be damaged by
`
`registration of the mark 954 GOT-HURT (“Applicant’s Mark”) in International Class 45 as listed
`
`in Application Serial No. 88/799,852 (the “Application”), and hereby opposes the Application.
`
`As grounds for its opposition, Opposer states as follows:
`
`I.
`
`PARTIES
`
`1.
`
`Opposer Path is a Florida limited liability company with its principal place of
`
`business in Ft. Lauderdale, Florida.
`
`2.
`
`On information and belief, Applicant Steven L. Chung (“Applicant”) is an
`
`individual residing in Philadelphia, Pennsylvania.
`
`
`
`II.
`
`OPPOSER’S MARK
`
`3.
`
`Opposer Path owns over 25 medical centers throughout the State of Florida, with
`
`a strong focus on southeast Florida, that provide a wide variety of medical services, including,
`
`but not limited to, chiropractic, orthopedic, physiotherapy, therapeutic exercise and joint
`
`mobilization services. Path’s patient advertising is largely targeted to those who have been
`
`injured from vehicle accidents, motorcycle accidents, and slip and fall accidents. As many of
`
`Path’s patients are victims of personal injury-related accidents, a portion of its business also
`
`relates to legal referral services (all services collectively referred to herein as “Opposer’s
`
`Services”). Path’s business thrives in large part from its significant and active advertising
`
`throughout Florida, including, but not limited to, billboards, bus and vehicle wraps, radio
`
`commercials and television commercials, on which it spends many multiples of millions of
`
`dollars a year.
`
`4.
`
`Since at least as early as August 2019, Opposer has continuously used and
`
`promoted Opposer’s Services under its GOT HURT? GET HELP! mark (“Opposer’s Mark”),
`
`including, but not limited to, through significant advertising on billboards, buses and vehicles.
`
`5.
`
`Opposer applied to federally register Opposer’s Mark for providing attorney
`
`referrals under Serial No. 88/571,353 (“Opposer’s Application”) on August 8, 2019, and it was
`
`approved for publication on January 27, 2020.
`
`III. APPLICANT’S MARK
`
`6.
`
`Applicant’s Application was filed on February 17, 2020, is an intent to use
`
`Application, and was published in the Official Gazette on June 23, 2020.
`
`7.
`
`Applicant’s Application is for “legal services” (“Applicant’s Services”).
`
`2
`
`
`
`IV.
`
`LIKELIHOOD OF CONFUSION
`
`Opposer’s Mark is distinctive for Opposer’s Services.
`
`Opposer’s Application for Opposer’s Mark has a priority date prior to Applicant’s
`
`8.
`
`9.
`
`filing date, as well as presumably Applicant’s first use date, given that it is an intent-to-use
`
`application.
`
`10.
`
`As a result of Opposer’s extensive use and promotion of Opposer’s Mark, the
`
`mark has developed substantial goodwill and is a strong mark.
`
`11.
`
`Applicant’s 954 GOT-HURT mark and Opposer’s Mark both contain GOT
`
`HURT.
`
`12.
`
`In addition, Opposer is associated with and well known for vanity telephone
`
`numbers that are heavily advertised in Florida.
`
`13.
`
`Applicant’s Services and Opposer’s Services are related and highly similar given
`
`that Applicant is a lawyer providing legal services, and Opposer’s Mark is used for legal referral
`
`services.
`
`14.
`
`Applicant’s 954 GOT-HURT mark is of particular concern to Opposer because
`
`“954” is a Ft. Lauderdale, Florida area code, which is a primary focus and location of Opposer’s
`
`advertising.
`
`15.
`
`Applicant’s proposed use of the 954 GOT-HURT mark, and filing of the
`
`Application, are without Opposer’s consent.
`
`16. While Opposer acknowledges that Applicant also owns a federal registration for
`
`215 GOT-HURT (Reg. No. 5,791,394), this mark has not posed an issue for Opposer or caused
`
`3
`
`
`
`any confusion with any of Opposer’s marks since “215” is a Philadelphia, Pennsylvania area
`
`code, an area where Opposer is not located and does not advertise.
`
`17.
`
`However, for Applicant to now move into the southeast Florida market with use
`
`of the mark with a “954” area code, is of great concern to Opposer.
`
`18.
`
`In view of the highly similar nature of the parties’ marks that will now
`
`presumably be used in the same geographic location, and the similar nature of the parties’
`
`services, Applicant’s Mark so resembles Opposer’s Mark as to be likely to cause confusion, or to
`
`cause mistake, or to deceive as to the origin, sponsorship, or approval of Applicant’s Services,
`
`and is likely to suggest an affiliation, connection, or association of Applicant and Applicant’s
`
`Services with Opposer and Opposer’s Services, with consequent injury to Opposer, the trade, and
`
`the public.
`
`19.
`
`The registration of Applicant’s Mark would prevent Opposer from exercising
`
`exclusive control over the goodwill and reputation associated with Opposer’s Mark. Therefore,
`
`the registration of Applicant’s Mark would damage and injure Opposer.
`
`20.
`
`Opposer will also be damaged by the registration of Applicant’s Mark because
`
`such registration will support statutory rights for Applicant in violation and derogation of
`
`Opposer’s prior, superior, and exclusive rights in Opposer’s Mark.
`
`WHEREFORE, Opposer respectfully requests that the mark in Application Serial
`
`No. 88/799,854 be denied registration.
`
`4
`
`
`
`Respectfully submitted,
`
`
`/s/ Mindi M. Richter
`J. Todd Timmerman, Esquire
`Mindi M. Richter, Esquire
`Shumaker, Loop & Kendrick, LLP
`101 East Kennedy Boulevard
`Suite 2800
`Tampa, Florida 33602
`Telephone: (813) 229-7600
`Facsimile: (813) 229-1660
`
`Attorneys for Opposer, Path Medical, LLC
`
`5
`
`
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