throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1071054
`07/28/2020
`
`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
`
`Glen J. Lerner
`
`08/08/2020
`
`C/O WHITELAW LEGAL GROUP
`3838 TAMIAMI TRAIL N., SUITE 310
`NAPLES, FL 34103
`UNITED STATES
`
`JENNIFER L. WHITELAW
`WHITELAW LEGAL GROUP
`3838 TAMIAMI TRAIL N., SUITE 310
`NAPLES, FL 34103
`UNITED STATES
`Primary Email: ttabmail@whitelawfirm.com
`No phone number provided.
`
`Applicant Information
`
`Application No.
`
`88795136
`
`Publication date
`
`06/09/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`07/28/2020
`
`Opposition Peri-
`od Ends
`
`08/08/2020
`
`Godine, Chris D
`601 SAWYER STREET SUITE 200
`601 SAWYER STREET SUITE 200
`HOUSTON, TX 77007
`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: Providing customized legal informa-
`tion,counseling, and advice, and litigation services in the field of personal injury
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Grounds as more fully set forth in the Notice of
`Opposition filed herein
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`
`4824793
`
`Application Date
`
`02/12/2014
`
`

`

`No.
`
`Registration Date
`
`10/06/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`IN A WRECK NEED A CHECK
`
`NONE
`
`Class 045. First use: First Use: 1999/00/00 First Use In Commerce: 1999/00/00
`Legal services; Legal services in the field of personal injury and tort claims;Legal
`counseling and advice to others; Providing information to others on legalser-
`vices; Providing information to others on legal services via the internet
`
`U.S. Registration
`No.
`
`4446411
`
`Registration Date
`
`12/10/2013
`
`Application Date
`
`11/02/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`IN A WRECK? NEED A CHECK?
`
`NONE
`
`Class 045. First use: First Use: 2010/11/01 First Use In Commerce: 2010/11/01
`Legal services
`
`U.S. Registration
`No.
`
`4318769
`
`Registration Date
`
`04/09/2013
`
`Application Date
`
`04/30/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`CAR WRECK GET A CHECK
`
`NONE
`
`Class 045. First use: First Use: 2012/09/07 First Use In Commerce: 2012/09/07
`Legal services, namely, providing legaladvice, counsel, and representation to in-
`dividuals who have sustained a personal injury or damage to personal property
`in a motor vehicle accident
`
`U.S. Application
`No.
`
`86671095
`
`Application Date
`
`06/23/2015
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`FROM WRECK TO CHECK
`
`NONE
`
`Class 045. First use: First Use: 0 First Use In Commerce: 0
`Legal services
`
`Attachments
`
`Notice of Opposition 88795136.pdf(114632 bytes )
`
`

`

`Signature
`
`/JENNIFER L. WHITELAW/
`
`Name
`
`Date
`
`JENNIFER L. WHITELAW
`
`07/28/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
` ______________________________________________________________________
`To the Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`______________________________________________________________________
`In the matter of Application Serial No. 88795136 for the mark “I GET CHECKS FOR
`WRECKS”, Published in the Official Gazette on June 9, 2020
`
`
`GLEN J. LERNER,
`
`
`
`
`
`
`
`
`
` Opposer,
`
`
`
`
`
`
`
`
`
`
`
`
` v.
`
`
`
`
`
`
`
`
`
`CHRIS D. GODINE,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Applicant.
`
`
`
`
`
`
`
`
`
`Opposition No.
`
`
`
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`Opposer GLEN J. LERNER (hereinafter “Opposer”), an individual, believes he will be
`
`damaged by registration of the mark “I GET CHECKS FOR WRECKS”, shown in Serial No.
`
`88795136, filed February 12, 2020 (hereinafter the “Subject Mark”), by CHRIS D. GODINE,
`
`(hereinafter “Applicant”), and published for opposition in the Official Gazette of June 9, 2020.
`
`GLEN J. LERNER hereby opposes registration of the subject application in International Class
`
`045, on the following grounds:
`
`1.
`
`Opposer is a well known and highly successful attorney with a national reputation for
`
`success in the legal profession and one of the largest advertisers of legal services in the
`
`United States.
`
`2.
`
`Opposer owns, among others, the following trademarks, including without limitation, all
`
`right, title and interest in and to:
`
`

`

`Notice of Opposition to Serial No. 88795136
`Mark: “I GET CHECKS FOR WRECKS”
`Page 2
`
`
`
`IN A WRECK NEED A CHECK, U.S. Registration No. 4824793 for Legal
`services; Legal services in the field of personal injury and tort claims; Legal
`counseling and advice to others; Providing information to others on legal services;
`Providing information to others on legal services via the internet in Class 45;
`
`IN A WRECK? NEED A CHECK? U.S. Registration No. 4446411 for legal
`services in Class 45;
`
`
`
` 
`
`
`
` 
`
` CAR WRECK GET A CHECK, U.S. Registration No. 4318769 for legal services,
`namely, providing legal advice, counsel, and representation to individuals who have
`sustained a personal injury or damage to personal property in a motor vehicle
`accident in Class 45; and
`
`
`
`FROM WRECK TO CHECK, , U.S. Serial No. 86671095 for legal services in
`Class 45 (hereinafter collectively referred to as the “WRECK/CHECK Family of
`Marks”).
`
` 
`
`
`Opposer’s WRECK/CHECK Family of Marks are all fully valid and legally subsisting
`
`3.
`
`and, Opposer has invested considerable time and resources in the development of its
`
`trademarks, reputation, and goodwill.
`
`4.
`
`Opposer has used one or more of Opposer’s WRECK/CHECK Family of Marks in the
`
`United States since at least as early as 1999, and long prior to any first use date which has
`
`been or could be claimed by Applicant.
`
`5.
`
`Opposer has used all of the marks of Opposer’s WRECK/CHECK Family of Marks in the
`
`United States, and the same have each and all come to possess a widely recognizable
`
`reputation and favorable brand recognition. By virtue of Opposer’s widely successful
`
`efforts and the expenditure of considerable sums for advertising and promotional
`
`activities, and by virtue of the excellence of the services associated with Opposer’s
`
`WRECK/CHECK Family of Marks, the same have also achieved a valuable reputation,
`
`as well as the trust of its consumers.
`
`

`

`Notice of Opposition to Serial No. 88795136
`Mark: “I GET CHECKS FOR WRECKS”
`Page 3
`
`
`6.
`
`Applicant seeks to register the mark “I GET CHECKS FOR WRECKS” as a trademark
`
`for identical services in Class 045, as more fully set forth in the publication of the
`
`Subject Mark in the Official Gazette of the United States Patent and Trademark Office on
`
`June 9, 2020. The U.S. Trademark Application Serial No. 88795136 was filed on
`
`February 12, 2020 (hereinafter “the Subject Application”).
`
`7.
`
`The Subject Application should be denied registration pursuant to Section 2(d) of the
`
`Trademark Act on the basis of Opposer’s long standing rights and prior registrations and
`
`application filing for Opposer’s WRECK/CHECK Family of Marks.
`
`8.
`
`The Subject Mark also so resembles Opposer’s WRECK/CHECK Family of Marks as to
`
`be likely, when applied to the services of Applicant, to cause confusion, mistake, or to
`
`deceive consumers as to the source, sponsorship, or approval of Applicant’s services,
`
`thereby resulting in detriment to Opposer and its reputation.
`
`9.
`
`Alternatively, the registration of the Subject Mark as applied for would be a source of
`
`damage, harm, and/or injury to Opposer and a source of likely confusion to Opposer’s
`
`many clients who rely upon the reputation of the Opposer, the high quality of Opposer’s
`
`services, as distinguished by Opposer’s WRECK/CHECK Family of Marks, and because
`
`consumers may be caused to mistakenly attribute the source or sponsorship of
`
`Applicant’s services to Opposer.
`
`
`
`
`
`WHEREFORE, Opposer, believes that it will be harmed by said registration of the
`
`Subject Mark and requests that this Opposition be sustained and registration be refused to
`
`

`

`Notice of Opposition to Serial No. 88795136
`Mark: “I GET CHECKS FOR WRECKS”
`Page 4
`
`
`Applicant, and Opposer further seeks such other and further relief in the premises as may be
`
`deemed just and proper.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`The required filing fee is submitted herewith.
`
`Opposer hereby appoints the undersigned in connection herewith.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`/JENNIFER L. WHITELAW/
`JENNIFER L. WHITELAW
`WHITELAW LEGAL GROUP
`Attorney for Opposer
`GLEN J. LERNER
`3838 Tamiami Trail North
`Suite 310
`Naples, Florida 34103
`Telephone: (239) 262-1001
`Facsimile: (239) 261-0057
`Email: ttabmail@whitelawfirm.com
`
`

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