Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1135295
`05/20/2021
`
`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
`
`AnnTaylor Loft Borrower Lux SCS
`
`limited partnership
`
`Citizenship
`
`Luxembourg
`
`14, RUE EDWARD STEICHEN
`ATTN: TRAVIS MANAGEMENT S.A.
`LUXEMBOURG CITY, L-2540
`LUXEMBOURG
`
`DANIEL M. NUZZACI
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`151 WEST 42ND STREET, 17TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`Primary Email: dnuzzaci@fzlz.com
`Secondary Email(s): lpopp-rosenberg@fzlz.com
`212-813-5900
`
`Docket Number
`
`ANLX 2010830
`
`Applicant Information
`
`Application No.
`
`90250647
`
`Publication date
`
`04/20/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`05/20/2021
`
`Opposition Peri-
`od Ends
`
`05/20/2021
`
`Chen Weijiang
`NO.20,WEIRONG SHUJIAO,LIZHIYONG VILLAGE
`HUASHI TOWN
`LUODING, 527200
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 2016/04/19 First Use In Commerce: 2016/04/19
`All goods and services in the class are opposed, namely: Eyeglasses; Pedometers; Scales; Spec-
`tacles; Alarm bells, electric; Baby monitors; Cabinets for loudspeakers; Cell phones; Cellular phones;
`Downloadable computer software for application and database integration; Downloadable computer
`software for computer system and application development, deployment and management; Down-
`loadable computer software for controlling and managing access server applications; Downloadable
`computer software, namely, software development tools for the creation of mobile internet applica-
`tions and client interfaces; Mobile telephones; Monopods for handheld digital electronic devices,
`namely, cell phones, MP3players, and personal digital assistants; Safety goggles; Wireless speakers
`
`Applicant Information
`
`Application No.
`
`90255803
`
`Publication date
`
`04/20/2021
`
`

`

`Opposition Filing
`Date
`
`Applicant
`
`05/20/2021
`
`Opposition Peri-
`od Ends
`
`05/20/2021
`
`Chen Weijiang
`NO.20,WEIRONG SHUJIAO,LIZHIYONG VILLAGE
`HUASHI TOWN
`LUODING, 527200
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 014. First Use: 2020/10/01 First Use In Commerce: 2020/10/01
`All goods and services in the class are opposed, namely: Clocks; Jewellery; Wristwatches; Alarm
`clocks; Alloys of precious metal; Desk clocks; Jewellery boxes; Jewelry; Jewelryboxes; Key chains;
`Key rings; Necklaces; Presentation boxes for jewellery; Presentation boxes for jewelry
`
`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.
`
`3359615
`
`Registration Date
`
`12/25/2007
`
`Word Mark
`
`Design Mark
`
`LOFT
`
`Application Date
`
`01/12/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1995/03/02 First Use In Commerce: 1995/03/02
`[ ON-LINE AND IN STORE RETAIL STORE SERVICES IN THE FIELDS OF
`CLOTHING, FOOTWEAR, HANDBAGS, SMALL LEATHER ACCESSORIES,
`TOILETRIES, CONSUMABLE BATH PRODUCTS ANDCOSMETIC
`PRODUCTS ] * ON-LINE AND IN STORE RETAIL STORE SERVICES IN THE
`FIELDS OF CLOTHING, FOOTWEAR, HANDBAGS; (( IN STORE RETAIL
`STORE SERVICES IN THE FIELD OF COSMETIC PRODUCTS )) *
`
`U.S. Registration
`No.
`
`3434715
`
`Registration Date
`
`05/27/2008
`
`Word Mark
`
`LOFT
`
`Application Date
`
`08/15/2007
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 026. First use: First Use: 1999/09/00 First Use In Commerce: 1999/09/00
`HAIR ACCESSORIES, NAMELY, SCRUNCHIES, BARRETTES AND CLIPS;
`PONYTAIL HOLDERS
`
`U.S. Registration
`No.
`
`3488664
`
`Registration Date
`
`08/19/2008
`
`Word Mark
`
`Design Mark
`
`LOFT
`
`Application Date
`
`01/12/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1995/03/02 First Use In Commerce: 1995/03/02
`CLOTHING, NAMELY, DRESSES, SKIRTS, SUITS, JEANS, SWEATERS,
`SHIRTS, T-SHIRTS, TANK TOPS, [ BODYSUITS, ] JUMPERS, VESTS,
`GLOVES, SLEEP WEAR, [ ROBES, ] SWIMSUITS, BLOUSES, PANTS,
`SHORTS, JACKETS, COATS, SOCKS, HOSIERY, BELTS, SCARVES, [ UN-
`DERWEAR; ] HEAD WEAR; AND FOOTWEAR
`
`U.S. Registration
`No.
`
`3700020
`
`Registration Date
`
`10/20/2009
`
`Word Mark
`
`LOFT
`
`Application Date
`
`07/11/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 036. First use: First Use: 2008/10/01 First Use In Commerce: 2008/10/01
`CREDIT CARD SERVICES
`
`U.S. Registration
`No.
`
`3703017
`
`Registration Date
`
`10/27/2009
`
`Word Mark
`
`Design Mark
`
`LOFT
`
`Application Date
`
`08/06/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1999/02/00 First Use In Commerce: 1999/02/00
`SUNGLASSES AND SUNGLASS CASES
`Class 014. First use: First Use: 1998/05/14 First Use In Commerce: 1998/05/31
`JEWELRY
`Class 018. First use: First Use: 1998/08/31 First Use In Commerce: 1998/08/31
`HANDBAGS, SHOULDER BAGS, [ EVENING HANDBAGS, ] COSMETIC
`CASES SOLD EMPTY, [ WALLETS, CLUTCH PURSES, ] TOTE BAGS [, UM-
`BRELLAS ]
`
`U.S. Registration
`No.
`
`4097233
`
`Registration Date
`
`02/07/2012
`
`Word Mark
`
`LOFT
`
`Application Date
`
`06/27/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 014. First use: First Use: 2004/05/31 First Use In Commerce: 2004/05/31
`WATCHES
`
`U.S. Registration
`No.
`
`4201711
`
`Registration Date
`
`09/04/2012
`
`Word Mark
`
`Design Mark
`
`LOFT
`
`Application Date
`
`01/17/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2003/04/01 First Use In Commerce: 2003/04/01
`Magnetic coded gift cards and electronic encoded gift certificates which may
`then be redeemed for goods or services
`
`U.S. Registration
`No.
`
`5360223
`
`Registration Date
`
`12/19/2017
`
`Word Mark
`
`LOFT
`
`Application Date
`
`09/12/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1999/02/00 First Use In Commerce: 1999/02/00
`Sunglasses; eyeglasses; cases for eyeglasses; cases for sunglasses; magnetic
`coded gift cards and electronic encoded gift certificates which may then be re-
`deemed for goods or services
`Class 018. First use: First Use: 1998/08/31 First Use In Commerce: 1998/08/31
`Bags, namely, evening handbags, cosmetic cases sold empty, coin purses,
`clutch purses, clutch bags, tote bags, umbrellas
`Class 035. First use: First Use: 1995/03/02 First Use In Commerce: 1995/03/02
`On-line and in store retail store services in the fields of clothing, foot-
`wear,headgear, bags, clothing accessories, hair accessories, sunglasses and
`eyeglasses, eyewear, watches; providing incentive awards by means of issu-
`ance of loyaltyrewards cards; providing an incentive awards program whereby
`customers are awarded loyalty points for purchases of company's goods and for
`use of company's co-branded credit card
`
`U.S. Registration
`No.
`
`3268087
`
`Registration Date
`
`07/24/2007
`
`Word Mark
`
`Design Mark
`
`LOFTBEACH
`
`Application Date
`
`07/07/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2006/05/01 First Use In Commerce: 2006/05/01
`[ SUNGLASSES ]
`Class 018. First use: First Use: 2006/05/01 First Use In Commerce: 2006/05/01
`[ HANDBAGS, ] [ STRAW BAGS, ] TOTE BAGS[, SHOULDER BAGS, CRO-
`CHETED BAGS, MACRAME BAGS, ] [ HOBO BAGS, LINEN BAGS, BEADED
`BAGS ]
`Class 025. First use: First Use: 2006/05/01 First Use In Commerce: 2006/05/01
`
`

`

`CLOTHING, namely, DRESSES, SKIRTS, [ JACKETS, ] PANTS, [ JEANS, ]
`SHORTS, BLOUSES, SHIRTS, [ KNITTED TOPS, STRETCH TOPS, JERSEY
`TOPS, HOODED ] SWEATSHIRTS, [ CROCHETED TOPS, CAMISOLES, HAL-
`TER TOPS, SLEEVELESS TOPS, TUNICS, PULLOVERS, SWEATERS, ] T-
`SHIRTS, BIKINI TOPS, [ TANK TOPS, ZIPPERED TOPS, ] SWIMWEAR, [
`BELTS, SASHES, ] SCARVES [, FOOTWEAR ]
`
`U.S. Registration
`No.
`
`3350308
`
`Registration Date
`
`12/04/2007
`
`Word Mark
`
`Design Mark
`
`LOFT PETITES
`
`Application Date
`
`06/21/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2000/01/00 First Use In Commerce: 2000/01/00
`CLOTHING, NAMELY, DRESSES, SKIRTS, [ SUITS, ] BLOUSES, SWEAT-
`ERS, SHIRTS, T-SHIRTS, TANK TOPS, JUMPERS, [ VESTS, ] PANTS,
`JEANS, SHORTS, JACKETS, COATS [, SLEEPWEAR, SWIMSUITS ]
`Class 035. First use: First Use: 2000/01/00 First Use In Commerce: 2000/01/00
`[ (( ON-LINE AND )) IN STORE RETAIL STORE SERVICES IN THE FIELDS
`OF CLOTHING ][, FOOTWEAR, HANDBAGS, SMALL LEATHER ACCESSOR-
`IES, JEWELRY, TOILETRIES, CONSUMABLEBATH PRODUCTS AND COS-
`METIC PRODUCTS ]
`
`U.S. Registration
`No.
`
`3699420
`
`Registration Date
`
`10/20/2009
`
`Word Mark
`
`Design Mark
`
`LOFT CARES
`
`Application Date
`
`05/31/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2009/08/10 First Use In Commerce: 2009/08/10
`[ ENVIRONMENTALLY RESPONSIBLE RETAIL STORE SERVICES IN THE
`FIELD OF CLOTHING, FOOTWEAR, HANDBAGS, SMALL LEATHER AC-
`CESSORIES, JEWELRY, TOILETRIES, BATH PRODUCTS, AND COSMETIC
`
`

`

`PRODUCTS ]
`Class 036. First use: First Use: 2009/08/10 First Use In Commerce: 2009/08/10
`CHARITABLE FUND RAISING SERVICES, NAMELY, SHARING PROFITS
`FROM PRODUCT SALES WITH NOT-FOR-PROFIT ORGANIZATIONS; AND
`CHARITABLE FUND RAISING
`
`U.S. Registration
`No.
`
`5675975
`
`Registration Date
`
`02/12/2019
`
`Word Mark
`
`Design Mark
`
`LOFT NEXT DOOR
`
`Application Date
`
`05/31/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 035. First use: First Use: 2017/08/16 First Use In Commerce: 2018/09/29
`Retail store services featuring clothing and fashion accessories
`
`78790622#TMSN.png( bytes )
`77256065#TMSN.png( bytes )
`78790275#TMSN.png( bytes )
`77520371#TMSN.png( bytes )
`77540499#TMSN.png( bytes )
`85356870#TMSN.png( bytes )
`85517787#TMSN.png( bytes )
`86062835#TMSN.png( bytes )
`78924858#TMSN.png( bytes )
`78913015#TMSN.png( bytes )
`77194364#TMSN.png( bytes )
`87470366#TMSN.png( bytes )
`Notice of Opposition LOFTPLUS.PDF(76985 bytes )
`
`Signature
`
`/Daniel M. Nuzzaci/
`
`Name
`
`Date
`
`Daniel M. Nuzzaci
`
`05/20/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`ANNTAYLOR LOFT BORROWER LUX
`SCS,
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`-against-
`
`
`CHEN WEIJIANG,
`
`
`
`
`Applicant.
`
`CONSOLIDATED NOTICE OF OPPOSITION
`
`Opposer AnnTaylor Loft Borrower Lux SCS (“Opposer”) believes that it will be
`
`
`
`damaged by the issuance of registrations for the mark LOFTPLUS as applied for in U.S.
`
`
`
`Trademark Application Serial Nos. 90250647 and 90255803, and therefore opposes the same.
`
`As grounds for this opposition, Opposer states as follows:
`
`A.
`
`Opposer and Opposer’s LOFT Marks
`
`FACTS
`
`1.
`
`Opposer is a Luxembourg limited partnership with an address of 14, Rue Edward
`
`Steichen, Attn: Travis Management S.A., Luxembourg City, Luxembourg L-2540.
`
`2.
`
`Opposer, through its licensee, is a leading national specialty retailer of women’s
`
`apparel, shoes, accessories, and related goods and services, sold primarily under the ANN
`
`TAYLOR and LOFT brands.
`
`3.
`
`The rich heritage of Opposer and its related companies dates back to 1954, when
`
`the first ANN TAYLOR store opened in New Haven, Connecticut. The LOFT brand was
`
`developed as an extension of the ANN TAYLOR brand in the 1990s.
`
`{F4008879.2 }
`
`
`
`

`

`
`
`4.
`
`Since the first store opened in 1995, the LOFT brand has evolved into a nationally
`
`famous brand for women’s apparel, shoes, and accessories. Today, Opposer, through its
`
`licensee, operates over 550 LOFT retail and outlet stores along with the popular e-commerce site
`
`www.loft.com and the more recently launched e-commerce site www.outlet.loft.com.
`
`5.
`
`The LOFT mark has been extensively used and promoted in connection with retail
`
`and online store services and a variety of clothing, accessories, and related goods and services.
`
`6.
`
`In addition to the LOFT mark, Opposer for many years has used a number of
`
`LOFT-inclusive marks in connection with its business and products, including but not limited to
`
`the marks LOFT PETITES, LOFT PLUS, and LOFT BEACH in connection with specialty
`
`product lines; LOFT CARES in connection with charitable activities; and LOFT NEXT DOOR
`
`in connection with a retail concept. Particularly relevant here, Opposer uses the mark LOFT
`
`PLUS in connection with its plus-size line of clothing, including as shown in the example below:
`
`7.
`
`Through decades of extensive promotion and use, and the success of offerings
`
`under the marks, the LOFT and LOFT-inclusive marks identified above (collectively, the “LOFT
`
`Marks”) have become strong trademarks and represent enormous goodwill.
`
`
`
`{F4008879.2 }
`
`
`2
`
`

`

`
`
`8.
`
`Long before any date upon which Applicant can rely, Opposer’s LOFT Marks
`
`became uniquely identified with Opposer and came to identify the goods and services of Opposer
`
`exclusively.
`
`9.
`
`In addition to its common law trademark rights existing by virtue of the long use
`
`of the LOFT Marks in commerce, Opposer also owns numerous U.S. trademark registrations for
`
`certain of the LOFT Marks in connection with a wide variety of goods and services, including
`
`but not limited to the following:
`
`Reg’n No.
`
`Mark
`
`Reg’n Date
`
`Class and Goods/Services
`
`3359615*
`
`LOFT
`
`Dec. 25, 2007 Class 35: on-line and in store retail store
`services in the fields of clothing, footwear,
`handbags; in store retail store services in the
`field of cosmetic products
`
`3434715
`
`LOFT
`
`May 27, 2008 Class 26: Hair accessories, namely, scrunchies,
`barrettes and clips; ponytail holders
`
`3488664*
`
`LOFT
`
`Aug. 19, 2008 Class 25: clothing, namely, dresses, skirts,
`suits, jeans, sweaters, shirts, t-shirts, tank tops,
`jumpers, vests, gloves, sleep wear, swimsuits,
`blouses, pants, shorts, jackets, coats, socks,
`hosiery, belts, scarves, head wear; and footwear
`
`3700020*
`
`LOFT
`
`Oct. 20, 2009 Class 36: Credit card services
`
`3703017
`
`LOFT
`
`Oct. 27, 2009 Class 9: sunglasses and sunglass cases
`
`Class 14: jewelry
`
`Class 18: handbags, shoulder bags, cosmetic
`cases sold empty, tote bags
`
`4097233
`
`LOFT
`
`Feb. 7, 2012 Class 14: watches
`
`4201711
`
`LOFT
`
`Sept. 4, 2012 Class 9: Magnetic coded gift cards and
`electronic encoded gift certificates which may
`then be redeemed for goods or services
`
`{F4008879.2 }
`
`
`3
`
`

`

`
`
`Reg’n No.
`
`Mark
`
`Reg’n Date
`
`Class and Goods/Services
`
`5360223
`
`LOFT
`
`Dec. 19, 2017 Class 9: Sunglasses; eyeglasses; cases for
`eyeglasses; cases for sunglasses; magnetic
`coded gift cards and electronic encoded gift
`certificates which may then be redeemed for
`goods or services
`
`Class 18: Bags, namely, evening handbags,
`cosmetic cases sold empty, coin purses, clutch
`purses, clutch bags, tote bags, umbrellas
`
`Class 35: On-line and in store retail store
`services in the fields of clothing, footwear,
`headgear, bags, clothing accessories, hair
`accessories, sunglasses and eyeglasses,
`eyewear, watches; providing incentive awards
`by means of issuance of loyalty rewards cards;
`providing an incentive awards program whereby
`customers are awarded loyalty points for
`purchases of company's goods and for use of
`company's co-branded credit card
`
`3268087
`
`LOFT
`BEACH
`
`July 24, 2007 Class 18: Tote bags
`
`Class 25: Clothing, namely, dresses, skirts,
`pants, shorts, blouses, shirts, sweatshirts,
`t-shirts, bikini tops, swimwear, scarves
`
`3350308
`
`LOFT
`PETITES
`
`Dec. 4, 2007 Class 25: Clothing, namely, dresses, skirts,
`blouses, sweaters, shirts, t-shirts, tank tops,
`jumpers
`
`3699420
`
`LOFT
`CARES
`
`Oct. 20, 2009 Class 36: Charitable fund raising services,
`namely, sharing profits from product sales with
`not-for-profit organizations; and charitable fund
`raising
`
`5675975
`
`LOFT NEXT
`DOOR
`
`Feb. 12, 2019 Class 35: Retail store services featuring clothing
`and fashion accessories
`
`
`B.
`
`Applicant and the Applications at Issue
`
`10.
`
`Upon information and belief, and according to the records of the U.S. Patent and
`
`Trademark Office (the “USPTO”), Applicant Chen Weijiang (“Applicant”) is a Chinese
`
`{F4008879.2 }
`
`
`4
`
`

`

`
`
`individual residing at No. 20, Weirong Shujiao, Lizhiyong Village, Huashi Town, Luoding
`
`527200, China.
`
`11.
`
`Upon information and belief, and according to the records of the USPTO, on
`
`October 13, 2020, Applicant filed U.S. Trademark Application Serial No. 90250647 to register
`
`the mark LOFTPLUS (“Applicant’s Mark”) in International Class 9 for “Eyeglasses;
`
`Pedometers; Scales; Spectacles; Alarm bells, electric; Baby monitors; Cabinets for loudspeakers;
`
`Cell phones; Cellular phones; Downloadable computer software for application and database
`
`integration; Downloadable computer software for computer system and application development,
`
`deployment and management; Downloadable computer software for controlling and managing
`
`access server applications; Downloadable computer software, namely, software development
`
`tools for the creation of mobile internet applications and client interfaces; Mobile telephones;
`
`Monopods for handheld digital electronic devices, namely, cell phones, MP3 players, and
`
`personal digital assistants; Safety goggles; Wireless speakers.” The application was filed
`
`pursuant to Section 1(a) of the Lanham Act, 15 U.S.C. § 1051(a), and claimed a first use in
`
`commerce date of April 19, 2016.
`
`12.
`
`Upon information and belief, and according to the records of the USPTO, on
`
`October 20, 2020, Applicant filed U.S. Trademark Application Serial No. 90255803 to register
`
`Applicant’s Mark in International Class 14 for “Clocks; Jewellery; Wristwatches; Alarm clocks;
`
`Alloys of precious metal; Desk clocks; Jewellery boxes; Jewelry; Jewelry boxes; Key chains;
`
`Key rings; Necklaces; Presentation boxes for jewellery; Presentation boxes for jewelry.” The
`
`application was filed pursuant to Section 1(a) of the Lanham Act, 15 U.S.C. § 1051(a), and
`
`claimed a first use in commerce date of October 1, 2020.
`
`{F4008879.2 }
`
`
`5
`
`

`

`
`
`13.
`
`Applicant is not connected to Opposer in any way, and Applicant has not been
`
`authorized by Opposer to register or use Applicant’s Mark.
`
`FIRST GROUND FOR RELIEF
`PRIORITY AND LIKELIHOOD OF CONFUSION UNDER 15 U.S.C. § 1052(d)
`
`Opposer repeats the allegations contained in Paragraphs 1 through 13 above as if
`
`14.
`
`fully set forth herein.
`
`15.
`
`Opposer’s rights in the LOFT Marks in the United States pre-exist any date on
`
`which Applicant can rely in support of its claim of rights in Applicant’s Mark.
`
`16.
`
`Applicant’s Mark is identical to Opposer’s LOFT PLUS mark except that
`
`Applicant’s Mark has no space between the terms LOFT and PLUS. Moreover, Applicant’s
`
`Mark is highly similar to the other LOFT Marks, individually and collectively, in terms of sight,
`
`sound, and commercial impression. Further, as shown in the specimens filed contemporaneously
`
`with the applications at issue, Applicant presents its LOFTPLUS mark in all capital letters, as
`
`Opposer usually does with its own LOFT Marks, including its LOFT PLUS mark. Moreover,
`
`also as shown in Applicant’s specimens, Applicant uses typefaces for Applicant’s Mark that are
`
`identical and/or highly similar to the typeface that Opposer typically uses for its own LOFT
`
`Marks, including its LOFT PLUS mark.
`
`17.
`
`The goods identified in the applications at issue are, in part, identical to, and
`
`otherwise closely related to, the goods and services offered by Opposer under the LOFT Marks.
`
`18.
`
`Based on the strength of Opposer’s LOFT Marks, the breadth of goods and
`
`services in connection with which the LOFT Marks are used and registered, the similarity of the
`
`parties’ marks, and the identity or relatedness of the parties’ goods and services, consumers are
`
`likely to be deceived into falsely believing that the goods proposed to be offered by Applicant
`
`under Applicant’s Mark originate from or are otherwise associated with or endorsed by Opposer,
`
`{F4008879.2 }
`
`
`6
`
`

`

`
`
`or that there is some relationship between Applicant and Opposer or the goods and services of
`
`Applicant and Opposer, all to Opposer’s injury and harm.
`
`19.
`
`Thus, registration of Applicant’s Mark as applied for in the applications at issue is
`
`likely to cause confusion, to cause mistake, or to deceive the public into the false belief that the
`
`goods offered by Applicant under Applicant’s Mark come from or are otherwise sponsored by or
`
`connected with Opposer, in violation of Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d).
`
`20.
`
`By reason of the foregoing, Opposer is likely to be harmed by the registration of
`
`Applicant’s Mark in Application Serial Nos. 90250647 and 90255803.
`
`
`
`WHEREFORE, Opposer respectfully requests that this opposition be sustained and that
`
`registration of Applicant’s Mark as shown in Application Serial Nos. 90250647 and 90255803 be
`
`
`
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`
`By: /Daniel M. Nuzzaci/
` Laura Popp-Rosenberg
` Daniel M. Nuzzaci
`151 West 42nd Street, 17th Floor
`New York, New York 10036
`Phone: (212) 813-5900
`Email: lpopp-rosenberg@fzlz.com
` dnuzzaci@fzlz.com
`
`Attorneys for Opposer AnnTaylor Loft
`Borrower Lux SCS
`
`refused in its entirety.
`
`
`Dated: New York, New York
`
`May 20, 2021
`
`
`
`
`
`
`
`
`
`{F4008879.2 }
`
`
`7
`
`