Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1145734
`07/09/2021
`
`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
`
`Recharge Company Ltd.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`07/11/2021
`
`164/2 SOI SEAN SABAI MOO 9
`T. HANG DONG, A. HANG DONG
`CHIANG MAI, CHIANG MAI, 50230
`THAILAND
`
`ALEXANDRA SUMMERS
`SAUSSER SUMMERS, PC
`4846 PAYTON STREET
`SANTA BARBARA, CA 93111
`UNITED STATES
`Primary Email: info@onlinetrademarkattorneys.com
`843-654-0078, Ext. 3
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`88859615
`
`Publication date
`
`01/12/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`07/09/2021
`
`IDVC, LLC
`155 ROUTE 46 WEST
`WAYNE, NJ 07470
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`07/11/2021
`
`Goods/Services Affected by Opposition
`
`Class 010. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Electrotherapy devices for providing
`transcutaneous electrical nerve stimulation; Electrotherapy stimulation apparatus comprising electric-
`al nerve and muscle stimulators; Massage apparatus; all of the foregoing containing copper
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Application is Void pursuant Section 10(a) (1) of
`the Trademark Act; 15 U.S.C. Section 1051,
`1060
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`
`90016121
`
`Application Date
`
`06/23/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`RECHARGE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of an circle comprised of lines with a small circle in the middle
`and the word RECHARGE to the right of the image.
`
`Class 010. First use: First Use: 2019/00/00 First Use In Commerce: 2020/02/00
`Infrared radiator units for therapeuticpurposes; Electronic light therapy apparat-
`us for the skin; Electrotherapy devices for providing transcutaneous electrical
`nerve stimulation, infrared heat and compression; Physical therapy equipment in
`the nature of an LED therapeutic red light device; Sensory light therapy unit
`
`U.S. Application
`No.
`
`90016131
`
`Application Date
`
`06/23/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`RECHARGE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 010. First use: First Use: 2019/00/00 First Use In Commerce: 2020/02/00
`Infrared radiator units for therapeuticpurposes; Electronic light therapy apparat-
`us for the skin; Electrotherapy devices for providing transcutaneous electrical
`nerve stimulation, infrared heat and compression; Physical therapy equipment in
`the nature of an LED therapeutic red light device; Sensory light therapy unit
`
`Attachments
`
`90016121#TMSN.png( bytes )
`90016131#TMSN.png( bytes )
`Opposition_COPPERFITRECHARGE.pdf(47485 bytes )
`
`

`

`88859615.pdf(24444 bytes )
`
`Signature
`
`/ABS/
`
`Name
`
`Date
`
`ALEXANDRA SUMMERS
`
`07/09/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
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`Opposition No.
`
`
`Mark: COPPER FIT RECHARGE
`
`
`
`
`
`Serial No. 88/859,615
`
`
`
`
`v.
`
`
`
`
`
`IDVC, LLC
`
`
`Recharge Company, Ltd.
`
`
`
`
`
`
`
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
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`
`
`
`
`Applicant.
`
`
`_______________________________________
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`In the matter of the application for registration of the mark COPPER FIT RECHARGE
`
`in International Class 10 filed April 3, 2020 by Ideavillage Products Corp., a New Jersey
`
`Corporation, and later assigned to IDVC, LLC, a Delaware limited liability company
`
`(“Applicant”), assigned Serial No. 88/859,615, and published for opposition in the Official
`
`Gazette on January 12, 2021. Recharge Company, Ltd. (“Opposer”) believes they will be
`
`damaged by such registration and hereby opposes the registration of Applicant’s COPPER
`
`FIT RECHARGE Application pursuant to 15 USC §§ 1051, 1052(d) and 1060.
`
`As grounds for opposition, the Opposer alleges that, upon actual knowledge with
`
`respect to itself and its own actions, and upon information and belief as to other matters:
`
`1. Opposer is Recharge Company, Ltd., a Thailand Limited Company, with an address
`
`of 164/2 Soi Sean Sabai Moo 9 T. Hang Dong, A. Hang Dong Chiang Mai, Chiang Mai,
`
`50230, THAILAND.
`
`
`
`1
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`

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`2. Opposer is the owner of U.S. Trademark Application Nos. 90/016,121 and
`
`90/016,131 for the mark RECHARGE and the corresponding logo for “Infrared
`
`radiator units for therapeutic purposes; Electronic light therapy apparatus for the
`
`skin; Electrotherapy devices for providing transcutaneous electrical nerve
`
`stimulation, infrared heat and compression; Physical therapy equipment in the
`
`nature of an LED therapeutic red light device; Sensory light therapy unit” in
`
`International Class 10. Said marks are hereinafter collectively referred to as
`
`“Opposer’s RECHARGE Marks” and the goods are hereinafter referred to as
`
`“Opposer’s Goods”.
`
`3. Opposer filed Opposer’s RECHARGE Marks on June 23, 2020 based on use in United
`
`States commerce. Opposer claims a date of first use of its RECHARGE marks in the
`
`United States in and around March 13, 2020.
`
`4. Pursuant to the TSDR records, the original Applicant and owner of U.S. Serial No.
`
`88/859,615 for COPPER FIT RECHARGE was Ideavillage Products Corp., a New
`
`Jersey Corporation, with an address of 155 Route 46 West, Wayne, NJ 07470.
`
`5. Ideavillage Products Corp. filed U.S. Serial No. 88/859,615 for COPPER FIT
`
`RECHARGE on April 3, 2020.
`
`6. Pursuant to the TSDR records, when Ideavillage Products Corp. filed U.S. Serial No.
`
`88/859,615, they filed it as an intent to use application under Section 1(b) of the
`
`Trademark Act.
`
`7. Pursuant to TSDR Records, the current identified Applicant and owner of U.S. Serial
`
`No. 88/859,615 for COPPER FIT RECHARGE is IDVC, LLC, is a Delaware Limited
`
`Liability Company, with an address of 155 Route 46 West, Wayne, NJ 07470.
`
`
`
`2
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`

`

`8. Pursuant to TSDR Records, Ideavillage Products Corp. assigned U.S. Serial No.
`
`88/859,615, an intent to use application, to Applicant with an execution date of
`
`October 6, 2020.
`
`9. As of the date of this Notice of Opposition, Applicant has not filed an Amendment to
`
`Allege Use for U.S. Serial No. 88/859,615.
`
`10. On September 22, 2020, the Examiner suspended Opposer’s RECHARGE Marks, U.S.
`
`Trademark Application Nos. 90/016,121 and 90/016,131, pending the outcome of
`
`Applicant’s U.S. Serial No. 88/859,615 application based on the possible likelihood
`
`of confusion.
`
`11. Opposer has been granted by the TTAB until July 11, 2021 to timely file this Notice
`
`of Opposition.
`
`CLAIM FOR OPPOSITION
`Likelihood of Confusion —15 U.S.C. § 1052(d)
`
`12. Opposer realleges and incorporates by reference the preceding allegations of its
`
`Notice of Opposition.
`
`13. Pursuant to it’s application date of April 3, 2020 as an intent to use application,
`
`Applicant’s priority date for the COPPER FIT RECHARGE mark is April 3, 2020.
`
`14. On September 22, 2020, the Examiner suspended Opposer’s RECHARGE MARKS, U.S.
`
`Trademark Application Nos. 90/016,121 and 90/016,131, pending the outcome of
`
`Applicant’s U.S. Serial No. 88/859,615 application based on the likelihood of
`
`confusion between RECHARGE and COPPER FIT RECHARGE.
`
`15. Based on the Examiner’s determination, Applicant’s mark for COPPER FIT
`
`RECHARGE so closely resembles Opposer’s RECHARGE Marks that consumer
`
`confusion is likely under 15 U.S.C. § 1052(d).
`
`16. Pursuant to its date of first use via shipment of its products with the RECHARGE
`
`name, Opposer claims a priority date of in and around March 13, 2020.
`
`3
`
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`
`
`
`

`

`17. Pursuant to its priority date of March 13, 2020, Opposer therefore asserts it has a
`
`valid and superior trademark rights to the RECHARGE name over Applicant, which
`
`has a priority date of April 3, 2020.
`
`CLAIM FOR OPPOSITION
`Application is Void —15 U.S.C. §§ 1051, 1060
`
`18. Opposer realleges and incorporates by reference the preceding allegations of its
`
`Notice of Opposition.
`
`19. Pursuant to Trademark Act § 10, an application filed under Section 1(b) cannot be
`
`assigned prior to filing an allegation of use or statement of use, except to the
`
`successor to the applicant’s business, or portion of the business to which the mark
`
`pertains, if that business is ongoing and existing. 15 U.S.C. § 1060(a)(1); 37 C.F.R. §
`
`3.16; TMEP § 501.01(a).
`
`20. Upon information and belief IDVC, LLC is not the successor to Ideavillage Products
`
`Corp.’s business, or portion of the business to which the mark pertains, which is
`
`ongoing and existing.
`
`21. Prior to filing the assignment on or about October 6, 2020, Applicant had not yet
`
`filed their Amendment to Allege Use for U.S. Serial No. 88/859,615.
`
`22. As of the date of this Notice of Opposition, Applicant still has not filed an
`
`Amendment to Allege Use for U.S. Serial No. 88/859,615.
`
`23. Upon information and belief, the assignment filed by Ideavillage Products Corp.
`
`transferring ownership to IDVC, LLC renders U.S. Serial No. 88/859,615 void.
`
`
`
`WHEREFORE, Opposer believes that it will be damaged by registration of the mark
`
`shown in Application Serial No. 88/859,615. Opposer therefore respectfully requests that
`
`the opposition be sustained, and that registration to Applicant be refused.
`
`
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`
`
`
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`4
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`

`

`The filing fee in the amount of $600 is being transmitted electronically with this
`
`submission.
`
`Dated: July 9, 2021
`
`Respectfully submitted,
`/ABS/
`Alexandra Summers, Esq.
`Sausser Summers, PC
`4846 Payton Street
`Santa Barbara, CA 93111
`Phone: (843) 654-0078
`Email: alex@onlinetrademarkattorneys.com
`
`Attorney for Opposer
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`Generated on: This page was generated by TSDR on 2021-07-08 18:41:37 EDT
`
`Mark: COPPER FIT RECHARGE
`
`US Serial Number: 88859615
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Apr. 03, 2020
`
`LIVE/APPLICATION/Published for Opposition
`
`A pending trademark application has been examined by the Office and has
`been published in a way that provides an opportunity for the public to oppose
`its registration.
`
`Status: A request for an extension of time to file an opposition has been filed with the Trademark Trial and Appeal Board. For further
`information, see TTABVUE on the Trademark Trial and Appeal Board web page.
`
`Status Date: Feb. 02, 2021
`
`Publication Date: Jan. 12, 2021
`
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`COPPER FIT RECHARGE
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Disclaimer: "COPPER"
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Electrotherapy devices for providing transcutaneous electrical nerve stimulation; Electrotherapy stimulation apparatus comprising
`electrical nerve and muscle stimulators; Massage apparatus; all of the foregoing containing copper
`
`International
`Class(es):
`
`010 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(b)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Owner Name: IDVC, LLC
`
`U.S Class(es): 026, 039, 044
`
`Basis Information (Case Level)
`
`Currently Use: No
`
`Currently ITU: Yes
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`

`

`Owner Address: 155 ROUTE 46 WEST
`WAYNE, NEW JERSEY UNITED STATES 07470
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Jason M. Drangel
`
`Docket Number: 1111-1540
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`mail@ipcounselors.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`JASON M. DRANGEL
`EPSTEIN DRANGEL LLP
`60 EAST 42ND STREET, SUITE 2520
`NEW YORK, NEW YORK UNITED STATES 10165
`
`Phone: 212-292-5390
`
`Fax: 212-292-5391
`
`Correspondent e-
`mail:
`
`mail@ipcounselors.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Feb. 02, 2021
`
`EXTENSION OF TIME TO OPPOSE RECEIVED
`
`Jan. 12, 2021
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Jan. 12, 2021
`
`PUBLISHED FOR OPPOSITION
`
`Dec. 23, 2020
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`Dec. 09, 2020
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Dec. 09, 2020
`
`EXAMINER'S AMENDMENT ENTERED
`
`Dec. 09, 2020
`
`NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
`
`Dec. 09, 2020
`
`EXAMINERS AMENDMENT E-MAILED
`
`Dec. 09, 2020
`
`EXAMINERS AMENDMENT -WRITTEN
`
`Oct. 21, 2020
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`Jun. 24, 2020
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`Jun. 24, 2020
`
`NON-FINAL ACTION E-MAILED
`
`Jun. 24, 2020
`
`NON-FINAL ACTION WRITTEN
`
`Jun. 23, 2020
`
`ASSIGNED TO EXAMINER
`
`Apr. 10, 2020
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Apr. 07, 2020
`
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`TM Attorney: MAHMOUDI, MARIAM AZIZ
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`LAW OFFICE 115
`
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Dec. 09, 2020
`
`Assignment Abstract Of Title Information
`
`Summary
`
`Total Assignments: 1
`
`Assignment 1 of 1
`
`Applicant:
`
`Ideavillage Products Corp.
`
` 
`
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`
`Reel/Frame: 7068/0678
`
`Date Recorded: Oct. 07, 2020
`
`Pages: 13
`
`Proceeding
`Number
`
`88888
`
`6328
`
`6328
`
`80812
`
`6325
`
`6325
`
`80812
`
`80812
`
`

`

`Supporting
`Documents:
`
`assignment-tm-7068-0678.pdf
`
`Name:
`
`IDEAVILLAGE PRODUCTS CORP.
`
`Execution Date: Oct. 06, 2020
`
`Assignor
`
`Legal Entity Type: CORPORATION
`
`Name:
`
`IDVC, LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 155 ROUTE 46 WEST
`WAYNE, NEW JERSEY 07470
`
`Correspondent
`Name:
`
`JASON M. DRANGEL
`
`Correspondent
`Address:
`
`60 EAST 42ND STREET, SUITE 2520
`NEW YORK, NY 10165
`
`State or Country
`Where Organized:
`
`NEW JERSEY
`
`Assignee
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Correspondent
`
`Domestic Representative - Not Found
`Proceedings
`
`Summary
`
`Number of
`Proceedings:
`
`1
`
`Type of Proceeding: Extension of Time
`
` 
`
`Proceeding
`Number:
`
`88859615
`
`Filing Date: Feb 02, 2021
`
`Status: Extension of Time to Oppose Filed
`
`Status Date: Feb 02, 2021
`
`Interlocutory
`Attorney:
`
`Defendant
`
`Name:
`
`IDVC, LLC
`
`Correspondent
`Address:
`
`JASON M. DRANGEL
`EPSTEIN DRANGEL LLP
`60 EAST 42ND STREET, SUITE 2520
`NEW YORK NY UNITED STATES , 10165
`
`mail@ipcounselors.com
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`Application Status
`
`Serial
`Number
`
`Registration
`Number
`
`COPPER FIT RECHARGE
`
`Request For Extension of Time to File Opposition
`
`88859615
`
`Potential Opposer(s)
`
`Name: Recharge Company Ltd.
`
`Correspondent
`Address:
`
`ALEXANDRA SUMMERS
`SAUSSER SUMMERS, PC
`4846 PAYTON STREET
`SANTA BARBARA CA UNITED STATES , 93111
`
`Correspondent e-
`mail:
`
`info@onlinetrademarkattorneys.com
`
`Entry Number
`
`History Text
`
`1
`
`2
`
`3
`
`4
`
`FIRST 90-DAY REQUEST TO EXT TIME TO OPPOSE
`
`EXT GRANTED
`
`FINAL 60-DAY REQUEST TO EXT TIME TO OPPOSE
`
`EXT GRANTED
`
`Prosecution History
`
`Due Date
`
`Date
`
`Feb 02, 2021
`
`Feb 02, 2021
`
`May 10, 2021
`
`May 10, 2021
`
`