Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1099463
`
`Filing date:
`
`12/03/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91265770
`
`Party
`
`Correspondence
`Address
`
`Defendant
`COMERCIALIZADORA PETEXPRESS, SA DE CV
`
`NYALL ENGFIELD
`16950 VIA DE SANTA FE 5060-107
`RANCHO SANTA FE, CA 92067
`UNITED STATES
`Primary Email: trademarkcarehub@gmail.com
`Secondary Email(s): orders@trademarkraft.com, gerardo@petexpress.com.mx
`No phone number provided.
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Michael P. Eddy
`
`meddy@patent.org
`
`/MichaelPEddy/
`
`12/03/2020
`
`Attachments
`
`Response.pdf(25625 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Devonna W. Johnson,
`
`Opposer,
`
`v.
`
`COMERCIALIZADORA PETEXPRESS, SA DE
`CV,
`
`Applicant.
`
`
`
`
`
`
`
` Opposition No.: 92073474
`
`Mark: PET RELIGION
`
`App. Ser. No.: 88940177
`
`
`
`
`
`
`
`APPLICANT COMERCIALIZADORA PETEXPRESS, SA DE CV’S
`ANSWER TO OPPOSER’S NOTICE OF OPPOSITION AND AFFIRMATIVE DEFENSES
`
`Applicant Comercializadora Petexpress, SA DE CV (“Applicant”), by and through its
`
`counsel, submits its Answer to Opposer’s Notice of Opposition filed by Devonna W. Johnson
`
`(“Opposer”) on November 3, 2020, by generally denying all of the allegations in the Notice of
`
`Opposition, except as may be specifically admitted or denied as follows:
`
`1. Answering Paragraph 1 of Opposer’s Notice of Opposition, Applicant denies the
`
`allegations in the first sentence of Paragraph 1 to the extent that they are legal conclusions.
`
`Applicant lacks sufficient knowledge or information to admit or deny the allegations in the first
`
`sentence of Paragraph 1 of Opposer’s Notice of Opposition, and therefore denies same and
`
`leaves Opposer to its proof. As for the remaining factual allegations, Applicant lacks sufficient
`
`knowledge or information to admit or deny the allegations in Paragraph 1, and therefore denies
`
`same and leaves Opposer to its proof.
`
`2. Answering Paragraph 2 of Opposer’s Notice of Opposition, Applicant denies the
`
`allegations to the extent that they are legal conclusions. As for the remaining factual
`
`allegations, Applicant denies that Opposer has superior rights with respect to Applicant’s mark
`
`in the ‘177 Application. Applicant denies knowledge of Opposer’s business name and
`
`1
`
`

`

`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
`
`remaining allegations in Paragraph 2, and therefore denies same and leaves Opposer to its
`
`proof.
`
`
`
`
`
`
`
`2
`
`

`

`AFFIRMATIVE DEFENSES
`
`I. FAILURE TO STATE A CLAIM
`
`3.
`
`4.
`
`The Notice of Opposition fails to state a claim upon which relief may be granted.
`
`II. APPLICANT’S MARK HAS PRIORITY
`
`The Notice of Opposition attempts to state a claim that Applicant is not entitled to
`
`federal registration of Applicant’s Mark pursuant to Section 2(d) of the Trademark Act, 15 U.S.C. §
`
`1052(d), based entirely on the resemblance of Applicant’s Mark to Opposer’s alleged “PET
`
`RELIGION Mark” without regard to Opposer’s use in commerce of the “PET RELIGION Mark”.
`
`5.
`
`On information and belief, Applicant’s filing date of May 29, 2020, and any other
`
`date of first use that Applicant may prove, is prior to any date on which Opposer can establish
`
`any rights in the United States in Opposer’s alleged “PET RELIGION Mark” for “pet products.”
`
`Accordingly, Applicant’s Mark has priority over Opposer’s alleged “PET RELIGION
`
`6.
`
`mark.”
`
`WHEREFORE, Applicant respectfully requests that the Notice of Opposition be dismissed
`
`and that its mark be registered.
`
`Dated: December 3, 2020
`
`Respectfully submitted,
`
`
`
` /MichaelPEddy/
`Michael P. Eddy
`Law Office of Michael P. Eddy
`12526 High Bluff Dr, Ste. 300
`San Diego, California 92130
`Phone: (858) 345-1098
`meddy@patent.org
`
`ATTORNEY FOR RESPONDENT
`COMERCIALIZADORA PETEXPRESS, SA DE CV
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the attached ANSWER TO OPPOSER’S NOTICE OF
`
`OPPOSITION AND AFFIRMATIVE DEFENSES was served on the below-identified opposer on
`
`December 3, 2020 by email as indicated below:
`
`Devonna W. Johnson
`671 Maran Ln SW
`Mableton, Georgia 30126
`petreligionbrand@gmail.com
`road2judah@yahoo.com
`
`
`
`
`
` /MichaelPEddy/
`
` Michael P. Eddy
`
`4
`
`
`
`
`
`
`
`
`
`
`

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