Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1158507
`09/09/2021
`
`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
`
`Brumate, Inc.
`Corporation
`874 WALKER ROAD, SUITE C
`DOVER, DE 19904
`UNITED STATES
`
`Citizenship
`
`Delaware
`
`Attorney informa-
`tion
`
`BRADLEY M. STOHRY
`REICHEL STOHRY DEAN LLP
`6931 CENTRAL AVE
`INDIANAPOLIS, IN 46220
`UNITED STATES
`Primary Email: brad@rsindy.com
`Secondary Email(s): docket@rsindy.com
`317-501-2891
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`90109187
`09/09/2021
`
`BevBuddy, LLC
`122 E. 2ND STREET
`TIFTON, GA 31794
`UNITED STATES
`
`Publication date
`Opposition Peri-
`od Ends
`
`09/07/2021
`10/07/2021
`
`Goods/Services Affected by Opposition
`
`Class 021. First Use: 2020/08/12 First Use In Commerce: 2020/08/12
`All goods and services in the class are opposed, namely: plastic holder for beverage containers to af-
`fix to metal surfaces using magnets
`
`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.
`Registration Date
`
`5308478
`
`10/10/2017
`
`Application Date
`
`03/03/2017
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA Tracking number:
`ESTTA1158507
`09/09/2021
`
`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
`
`Brumate, Inc.
`Corporation
`874 WALKER ROAD, SUITE C
`DOVER, DE 19904
`UNITED STATES
`
`Citizenship
`
`Delaware
`
`Attorney informa-
`tion
`
`BRADLEY M. STOHRY
`REICHEL STOHRY DEAN LLP
`6931 CENTRAL AVE
`INDIANAPOLIS, IN 46220
`UNITED STATES
`Primary Email: brad@rsindy.com
`Secondary Email(s): docket@rsindy.com
`317-501-2891
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`90109187
`09/09/2021
`
`BevBuddy, LLC
`122 E. 2ND STREET
`TIFTON, GA 31794
`UNITED STATES
`
`Publication date
`Opposition Peri-
`od Ends
`
`09/07/2021
`10/07/2021
`
`Goods/Services Affected by Opposition
`
`Class 021. First Use: 2020/08/12 First Use In Commerce: 2020/08/12
`All goods and services in the class are opposed, namely: plastic holder for beverage containers to af-
`fix to metal surfaces using magnets
`
`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.
`Registration Date
`
`5308478
`
`10/10/2017
`
`Application Date
`
`03/03/2017
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Word Mark
`Design Mark
`
`BRÃ#MATE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 021. First use: First Use: 2017/03/00 First Use In Commerce: 2017/03/00
`Vacuum insulated wine bottles sold empty; Vacuum insulated drink holders,
`namely, tumblers for use as drinking vessels that can also be used to hold
`beverage cans and bottles; Vacuum insulated can holders, namely, insulating
`sleeve holdersfor beverage cans; temperature-retaining drinking vessels
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`6341625
`
`05/04/2021
`
`BRÃ#MATE
`
`Application Date
`
`10/13/2020
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the word "BRÃ#MATE", with an umlaut above the "U" and
`the "U" shaped as a wine glass, inside of a rectangular design with rounded
`corners.
`Class 021. First use: First Use: 2017/05/00 First Use In Commerce: 2017/05/00
`Vacuum insulated wine bottles sold empty; vacuum insulated drink holders,
`namely, tumblers for use as drinking vessels that can also be used to hold
`beverage cans and bottles; vacuum insulated can holders, namely, insulating
`sleeve holdersfor beverage cans; temperature-retaining drinking vessels; wine
`glasses; cocktail glasses; drinking glasses; drinking vessels; whisky glasses;
`growlers; pint glasses; flasks; cocktail shakers
`
`Attachments
`
`87357787#TMSN.png( bytes )
`90250758#TMSN.png( bytes )
`BEVMATE Notice of Opposition.pdf(133900 bytes )
`
`Signature
`Name
`Date
`
`/bms/
`Bradley M. Stohry
`09/09/2021
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Trademark Ser. No. 90109187
`For the mark BEVMATE
`Filed on Aug. 12, 2020
`
`
`
`
`
`
`
`
`
`
`
`BRUMATE, INC.,
`
`
`
`
`
`
`
`
`
`
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`
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`
`
`Opposer,
`
`
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` v.
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`BEVBUDDY, LLC d/b/a BEVMATE, LLC,
`
`
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`
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`Applicant.
`
`
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`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Opposition No.: _______________
`
`NOTICE OF OPPOSITION
`
`
`
`Brumate, Inc. (“Opposer”) hereby opposes registration of the above-referenced application
`
`that was filed by owned by BevBuddy, LLC d/b/a BevMate, LLC (“Applicant”). The grounds for
`
`opposition are as follows:
`
`The Parties
`
`1.
`
`Opposer is a corporation organized under the laws of Delaware with a place of
`
`business at 874 Walker Road, Suite C, Dover, DE 19904.
`
`2.
`
`Applicant is a limited liability company organized under the laws of Georgia with
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`a place of business at 122 E. 2nd Street, Tifton, GA 31794.
`
`Opposer and Its Use of the BRŰMATE Mark
`
`3.
`
`Opposer uses the BRŰMATE mark to promote its line of insulated beverage
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`containers, drinkware, and related products.
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`4.
`
`Opposer began using the BRŰMATE mark in commerce in March 2017. Since that
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`time, Opposer has actively and prominently used the BRŰMATE mark in connection with its
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`insulated beverage containers, drinkware, and related products.
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`
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`5.
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`As a result of this use of the BRŰMATE mark, Opposer has established extensive
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`and valuable trademark rights and goodwill in the BRŰMATE mark.
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`6.
`
`Opposer owns U.S. Trademark Registration Numbers 5,308,478 and 6,341,625 for
`
`the word mark and logo mark version of the BRŰMATE mark (collectively, the “BRŰMATE
`
`Registrations”). The BRŰMATE Registrations cover a variety of insulated beverage container
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`products and other drinkware products.
`
`Grounds for Opposing the Application
`
`7.
`
`Trademark App. Ser. No. 90/109,187 (the “Application”) was filed by Applicant
`
`for the BEVMATE mark on August 12, 2020.
`
`8.
`
`According to the Application, Applicant uses the BEVMATE mark in connection
`
`with “plastic holder for beverage containers to affix to metal surfaces using magnets.”
`
`9.
`
`In the Application, Applicant claimed a date of first use in commerce of August 12,
`
`2020.
`
`10.
`
`Opposer’s actual, continuous, and continuing use of the BRŰMATE mark in
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`commerce began before Applicant filed the Application for the BEVMATE mark and/or began
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`using the BEVMATE mark in commerce.
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`11.
`
`Applicant’s use and registration of the BEVMATE mark for the goods listed in its
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`Application is likely to cause confusion, mistake, and/or lead to deception as to the origin of
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`Applicant’s goods in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
`
`12.
`
`The likelihood of confusion is apparent in this instance because of the similarities
`
`between the BRŰMATE mark and the BEVMATE mark, as well as the fact that both parties’
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`marks are used in connection with beverage container products and/or goods that are specifically
`
`used in connection with beverage container products.
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`Page 2
`
`
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`13.
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`Applicant’s use and registration of the BEVMATE mark is likely to result in
`
`confusion and substantial damage and injury to Opposer. Persons familiar with the BRŰMATE
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`mark are likely to believe that Applicant’s goods originate with, or are licensed, sponsored or
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`approved by Opposer. Any such confusion would inevitably result in loss of sales to Opposer,
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`and/or damage the goodwill and reputation that Opposer has established in the BRŰMATE mark.
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`WHEREFORE, Opposer prays that the Application be rejected.
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`Dated this 9th day of September, 2021.
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`Respectfully submitted,
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`
`
`/Bradley M. Stohry/
`Bradley M. Stohry
`REICHEL STOHRY DEAN LLP
`6931 Central Ave.
`Indianapolis, Indiana 46220
`(317) 501-2891
`
`Attorney for Brumate, Inc.
`
`By:
`
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`Page 3
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`
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