Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1154520
`08/20/2021
`
`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
`
`Boss Lady Entertainment, Inc.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`08/25/2021
`
`1880 CENTURY PARK EAST
`SUITE 200
`LOS ANGELES, CA 90067
`UNITED STATES
`
`ROBERT A. BECKER
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`151 WEST 42ND STREET
`17TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`Primary Email: rbecker@fzlz.com
`212-813-5900
`
`Docket Number
`
`SBRO 1502640
`
`Applicant Information
`
`Application No.
`
`86460420
`
`Publication date
`
`04/27/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`08/20/2021
`
`Opposition Peri-
`od Ends
`
`08/25/2021
`
`Georgia Parker
`3315 E RUSSELL RD A4-141
`LAS VEGAS, NV 89120
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Production of advertising materials; product
`merchandising; promoting the special events of others
`
`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.
`
`3706980
`
`Application Date
`
`07/06/2005
`
`
`
`Registration Date
`
`11/03/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`BOSS LADY ENTERTAINMENT
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2005/07/00 First Use In Commerce: 2005/07/00
`musical sound recordings
`Class 035. First use: First Use: 2001/00/00 First Use In Commerce: 2001/00/00
`Management of actors and musicians
`
`U.S. Registration
`No.
`
`4768850
`
`Registration Date
`
`07/07/2015
`
`Word Mark
`
`Design Mark
`
`BOSS LADY
`
`Application Date
`
`01/31/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "BOSS LADY" in a stylized form.
`
`Class 025. First use: First Use: 2015/05/02 First Use In Commerce: 2015/05/02
`activewear, namely, t-shirts, sweatshirts, hooded tops
`
`Attachments
`
`78664828#TMSN.png( bytes )
`77385085#TMSN.png( bytes )
`F4224754.PDF(169295 bytes )
`
`Signature
`
`/Robert Becker/
`
`Name
`
`Date
`
`ROBERT A. BECKER
`
`08/20/2021
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In re Application Ser. No. 86460420
`Published April 27, 2021
`
`
`
`Boss Lady Entertainment, Inc.,
`
` Opposer,
`
`
`-against-
`
`
`Georgia Parker,
`
` Applicant.
`
`
`
`
`
`
` Opposer’s Reference: SBRO 1502640
`
`
`
`
`
` Opposition No. ________________
`
`
`
`NOTICE OF OPPOSITION
`
`Opposer, Boss Lady Entertainment, Inc. (“Boss Lady Entertainment”), a California
`
`corporation with an address c/o Gerber & Co., Inc., 1880 Century Park East, Suite 200, Los
`
`Angeles, CA 90067, believes that it will be damaged by registration of the mark BOSS LADIEZ,
`
`which is the subject of application Ser. No. 86460420, published in the Official Gazette of April
`
`27, 2021, in Class 35, and hereby opposes same.
`
`As grounds for the opposition, Boss Lady Entertainment alleges as follows:
`
`1.
`
`Boss Lady Entertainment has used the mark BOSS LADY ENTERTAINMENT
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`in connection with the management of actors and musicians since 2001 and has used that mark
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`for musical sound recordings since 2005.
`
`2.
`
`Boss Lady Entertainment has used the mark BOSS LADY (Stylized) for t-shirts,
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`sweatshirts, and hooded tops since May 2, 2015.
`
`3.
`
`Boss Lady Entertainment owns Reg. No. 3,706,980 for the mark BOSS LADY
`
`ENTERTAINMENT (with ENTERTAINMENT disclaimed) for “musical sound recordings” in
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`{F4223247.3 }
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`
`
`
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`Class 9 and “management of actors and musicians” in Class 35. That registration issued on
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`November 3, 2009. The registration is valid, subsisting, in full force and effect, and
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`incontestable, and thus constitutes conclusive evidence of the validity of the registered mark and
`
`of the registration thereof, and of Boss Lady Entertainment’s ownership of the mark and
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`exclusive right to use the mark in commerce in connection with the identified goods and
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`services.
`
`4.
`
`Boss Lady Entertainment owns Reg. No. 4,768,850 for the mark BOSS LADY
`
`(Stylized) for “activewear, namely, t-shirts, sweatshirts, hooded tops” in Class 25. That
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`registration issued on July 7, 2015, based on an application filed on January 31, 2008. The
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`registration is valid, subsisting, in full force and effect, and incontestable, and thus constitutes
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`conclusive evidence of the validity of the registered mark and of the registration thereof, and of
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`Boss Lady Entertainment’s ownership of the mark and exclusive right to use the mark in
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`commerce in connection with the identified goods. (The marks shown in Reg. Nos. 3,706,980
`
`and 4,768,850 are referred to collectively hereafter as “Boss Lady Entertainment’s Marks.”)
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`5.
`
`On November 20, 2014, Applicant filed intent-to-use application Ser. No.
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`86460420 to register the mark BOSS LADIEZ (“Applicant’s Mark”). When that application was
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`published on April 27, 2021, it covered “Production of advertising materials; product
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`merchandising; promoting the special events of others” in Class 35 and “Software production,
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`namely, software development services” in Class 42.
`
`6.
`
`On information and belief, Applicant did not use the BOSS LADIEZ mark for the
`
`subject services prior to November 20, 2014, the filing date of the subject application. Boss
`
`Lady Entertainment’s rights in Boss Lady Entertainment’s Marks are therefore prior and superior
`
`to any rights Applicant may claim in Applicant’s Mark.
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`{F4223247.3 }
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`
`
`
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`7.
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`The mark BOSS LADIEZ sought to be registered by Applicant is nearly identical
`
`to Boss Lady Entertainment’s Marks. Indeed, the term BOSS LADIEZ is a plural form of Boss
`
`Lady Entertainment’s BOSS LADY (Stylized) mark and a plural form of Boss Lady
`
`Entertainment’s BOSS LADY ENTERTAINMENT mark with the generic term
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`ENTERTAINMENT omitted.
`
`8.
`
`The services listed in Class 35 of the subject application are closely related to the
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`goods and services that are offered by or associated with Boss Lady Entertainment and that are
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`listed in Reg. Nos. 3,706,980 and 4,768,850 because, inter alia, they relate to entertainment, and
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`because “management of actors and musicians,” which is covered in Class 35 of Reg. No.
`
`3,706,980, often entails “promoting the special events of others,” which is covered in Class 35 of
`
`the subject application.
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`9.
`
`Due to the similarity of the marks and relatedness of the goods and services, use
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`of the mark sought to be registered by Applicant for the services in Class 35 is likely to cause
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`confusion or to cause mistake or to deceive the purchasing public by reason of Boss Lady
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`Entertainment’s Marks, by creating the mistaken belief that Applicant’s services are approved,
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`endorsed, or sponsored by Boss Lady Entertainment, or that Boss Lady Entertainment is the
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`source of Applicant’s services, or that the services of Applicant are in some other way associated
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`with Boss Lady Entertainment, all to Boss Lady Entertainment’s grave injury and harm.
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`{F4223247.3 }
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`
`
`
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`WHEREFORE, Boss Lady Entertainment respectfully requests that its opposition be
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`sustained and the application to register the mark BOSS LADIEZ, Ser. No. 86460420, be denied
`
`in Class 35.
`
`Dated: New York, New York
`August 20, 2021
`
`Respectfully submitted,
`
`FROSS ZELNICK LEHRMAN & ZISSU,
`P.C.
`
`By:__________/Robert A. Becker/___________
` Craig S. Mende
` Robert A. Becker
`151 West 42nd Street, 17th Floor
`New York, New York 10036
`Telephone: (212) 813-5900
`Email: cmende@fzlz.com, rbecker@fzlz.com
`Attorneys for Opposer
`
`
`
`
`
`{F4223247.3 }
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`
`
`
