Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1181586
`12/29/2021
`
`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
`Granted to date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`FOKANA, Inc.
`12/29/2021
`
`193 KINGS HWY
`CONGERS, NY 10920
`UNITED STATES
`
`RUTH KHALSA
`THE IDEAS LAW FIRM PLLC
`975 E DAVA DRIVE
`TEMPE, AZ 85283
`UNITED STATES
`Primary email: ruth@trademarkelite.com
`Secondary email(s): randall@trademarkelite.com, kate@trademarkelite.com,
`trademarks@trademarkelite.com
`8338635483
`
`Docket no.
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`90092757
`12/29/2021
`
`Publication date
`Opposition period
`ends
`
`08/31/2021
`12/29/2021
`
`Jacob, Bobby K.
`39 LANFANT COURT
`GLEN MILLS, PA 19342
`UNITED STATES
`Goods/services affected by opposition
`
`Class 041. First Use: 1983/07/04 First Use In Commerce: 1985/03/28
`All goods and services in the class are opposed, namely: Social club services, namely, arranging, or-
`ganizing, and hosting social events,get-togethers, and parties for club members
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`Dilution by tarnishment
`Applicant not rightful owner of mark for identified
`goods or services
`Fraud on the USPTO
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`Trademark Act Sections 2 and 43(c)
`Trademark Act Section 1
`
`In re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`
`

`

`Marks cited by opposer as basis for opposition
`
`1938 (Fed. Cir. 2009)
`
`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`
`90400022
`
`Application date
`
`12/21/2020
`
`NONE
`
`Foreign priority
`date
`ESTD 1983 FEDERATION OF KERALA ASSOCIATION IN NORTH AMERICA
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a circular medallion with a double border of red and yellow,
`within which is an interior border ofpink that contains the stylized literalelements
`"FEDERATION OF KERALA ASSOCIATION IN NORTH AMERICA", in white.
`The interior of the circular medallion is shaded orange, with a line drawing of the
`Statue of Liberty in red on the left and green and yellow shaded images of two
`palmtrees and jungle foliage in the center,and extending toward the right side of
`the medallion's interior. To the right is the map of Kerala in yellow outlined in
`green. Hovering at the top, between the Statue of Liberty and the trees, is a
`white design combining elements of a temple roof and a seashell. Between the
`bases of the two palm trees is a red leaf shape. Two pink ribbons, each outlined
`inyellow, hang from the bottom edge of the border. On the left most ribbon ap-
`pearthe literal elements "ESTD" and on the rightmost ribbon appear the literal
`elements "1983", all of the foregoing stylized in white.
`Class 035. First use: First Use: 1983/07/04 First Use In Commerce: 1983/07/04
`Association services, namely, promotingpublic awareness of the Kerala/
`Malayalicommunity and promoting the interests of individuals of Kerala/Malayali
`descent
`
`U.S. application
`no.
`Registration date
`
`90400017
`
`NONE
`
`Word mark
`
`FOKANA
`
`Application date
`
`12/21/2020
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: 1983/07/04 First Use In Commerce: 1983/07/04
`Association services, namely, promotingpublic awareness of the Kerala/
`Malayalicommunity and promoting the interests of individuals of Kerala/Malayali
`descent
`
`Attachments
`
`90400022#TMSN.png( bytes )
`90400017#TMSN.png( bytes )
`Opp 90092757 FEDERATION OF.pdf(1549297 bytes )
`
`Signature
`Name
`Date
`
`/rk/
`RUTH KHALSA
`12/29/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`FOKANA, INC,
`Opposer,
`
`v.
`
`BOBBY K. JACOB,
`Applicant.
`
`OPPOSITION No. _______________
`
`Mark: FEDERATION OF KERALA
`ASSOCIATIONS IN NORTH
`AMERICA
`
`U.S. Serial No. 90/092,757
`
`NOTICE OF OPPOSITION
`
`Opposer, FOKANA, Inc., (“FOKANA” or “Opposer”), a Maryland corporation with an
`
`address of 193 Kings Hwy, Congers, New York, 10920, submits this Notice of Opposition
`
`against Application Serial No. 90/092,757 (the “Challenged Application”), filed on August 4,
`
`2020, by BOBBY K. JACOB (“Applicant”). FOKANA believes that it is being damaged by the
`
`Challenged Application, and will continue to be irreparably damaged if the Challenged
`
`Application is permitted to proceed to registration.
`
`PARTIES
`
`1.
`
`Opposer FOKANA is a non-profit education, linguistic, and cultural umbrella
`
`organization formed on July 4, 1983 in New York to unite all Kerala/Malayali organizations on
`
`the North American continent.
`
`2.
`
`The Board of Trustees for FOKANA is currently chaired by Mr. Philipose Philip,
`
`a United States citizen.
`
`1
`
`

`

`3.
`
`Attached hereto as Exhibit A is an affidavit signed under oath by Mr Philipose
`
`Philip, the Chair of the Board for the FOKANA organization.
`
`4.
`
`The President of FOKANA is currently Mr. Georgy Varughese, a United States
`
`citizen. Exhibit A ¶ 9.
`
`The FOKANA organization currently has over 500,000 members. Exhibit A ¶ 3.
`
`Every two years, FOKANA holds a biennial convention for its membership.
`
`5.
`
`6.
`
`Exhibit A ¶ 7.
`
`7.
`
`The 2022 FOKANA Convention is scheduled to take place in Orlando, Florida
`
`between July 7-10, 2022.
`
`8.
`
`Since at
`
`least as early as its founding in 1983, FOKANA has exclusively,
`
`continuously, and consistently used the names FOKANA and FEDERATION OF KERALA
`
`ASSOCIATIONS IN NORTH AMERICA to identify itself in connection with the services it
`
`provides to its membership.
`
`9.
`
`FOKANA operates a website located at https://fokanaonline.org by means of
`
`which it promotes its services and its mission, and keeps its membership informed about current
`
`and future events.
`
`10.
`
`The domain fokanaonline.org is registered by GoDaddy.com to FOKANA Board
`
`Chair Mr. Philip Philipose. Exhibit A ¶¶ 14-15.
`
`11.
`
`During the past 38 years, FOKANA has invested significant time, energy and
`
`resources to promote the interests of its membership and the North American Kerala/Malayali
`
`community at large.
`
`2
`
`

`

`12.
`
`As a result of FOKANA’s investment of resources, and long-standing use of the
`
`names FOKANA and FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA
`
`to promote the interests of the North American Kerala/Malayali community,
`
`the names
`
`FOKANA and FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA has
`
`come to be recognized as source indicative and symbolic of the valuable goodwill that Opposer
`
`has built in the name over the last 38 years of continuous use.
`
`13.
`
`As a result of FOKANA’s long-standing and diligent use of the names FOKANA
`
`and FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA name to promote
`
`the interests of the North American Kerala/Malayali community, FOKANA has the exclusive
`
`right to use of the name.
`
`14.
`
`Upon information and belief, Applicant Bobby K. Jacob (“Applicant”) is a United
`
`States citizen with an address of record at 39 Lanfant Court, Glen Mills, Pennsylvania 19342.
`
`15.
`
`On August 4, 2020, Applicant filed Application Serial No. 90/092,757 (the
`
`“Challenged Application”) based on a claim of use in commerce as early as March 28, 1985, in
`
`connection with “Social club services, namely, arranging, organizing, and hosting social events,
`
`get-togethers, and parties for club members” in International Class 041.
`
`16.
`
`On or around August 31, 2021, the Challenged Application was published for
`
`opposition in the Official Trademark Gazette.
`
`17.
`
`On September 1, 2021, FOKANA filed an Extension of Time to Oppose the
`
`Challenged Application with the Trademark Trial and Appeals Board (the “Board”).
`
`18.
`
`The Board granted the Extension of Time to Oppose in favor of FOKANA, giving
`
`Opposer until December 29, 2021 to file the instant Notice of Opposition.
`
`3
`
`

`

`COUNT ONE: Priority and Likelihood of Confusion
`
`19.
`
`Opposer repeats and realleges each and every allegation set forth in paragraphs
`
`1-18 herein.
`
`20.
`
`Opposer began using the FOKANA and FEDERATION OF KERALA
`
`ASSOCIATIONS IN NORTH AMERICA marks well before Applicant filed the Application
`
`and/or commenced use of the mark in the Challenged Application in commerce.
`
`21.
`
`The mark in the Challenged Application is similar to Opposer’s FOKANA and
`
`FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA mark in appearance,
`
`pronunciation, connotation and overall commercial impression.
`
`22.
`
`The services identified in the Challenged Application are identical, similar, and/or
`
`related to the services with which Opposer is using its FOKANA and FEDERATION OF
`
`KERALA ASSOCIATIONS IN NORTH AMERICA marks.
`
`23.
`
`Registration of the Challenged Application is likely to cause confusion, mistake
`
`or deception as to the source of Applicant’s services, in violation of Section 2(d) of the Lanham
`
`Act, 15 U.S.C. § 1052(d).
`
`COUNT TWO: Dilution
`
`24.
`
`Opposer repeats and realleges each and every allegation set forth in paragraphs
`
`1-23 herein.
`
`25.
`
`Through Opposer’s investment of resources, and long-standing use of the names
`
`FOKANA and FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA to
`
`promote the interests of the North American Kerala/Malayali community, Opposer’s FOKANA
`
`4
`
`

`

`and FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA marks have
`
`become famous.
`
`26.
`
`Any use by Applicant of the mark in the Challenged Application has occurred
`
`after Opposer’s FOKANA and FEDERATION OF KERALA ASSOCIATIONS IN NORTH
`
`AMERICA marks became famous.
`
`27.
`
`Relevant consumers are likely to make an association between the mark in the
`
`Challenged Application and Opposer’s FOKANA and FEDERATION OF KERALA
`
`ASSOCIATIONS IN NORTH AMERICA marks.
`
`28.
`
`Any use by Applicant of the mark in the Challenged Application is likely to
`
`weaken the distinctive quality of Opposer’s FOKANA and FEDERATION OF KERALA
`
`ASSOCIATIONS IN NORTH AMERICA marks.
`
`29.
`
`The mark in the Challenged Application is likely to blur and/or tarnish the
`
`positive associations and goodwill inherent in Opposer’s FOKANA and FEDERATION OF
`
`KERALA ASSOCIATIONS IN NORTH AMERICA marks.
`
`30.
`
`Thus, Applicant’s registration and/or use of
`
`the mark in the Challenged
`
`Application is likely to cause dilution of the distinctive quality of Opposer’s FOKANA and
`
`FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA marks in violation of
`
`Section 43 of the Lanham Act, 15 U.S.C. § 1125(c).
`
`COUNT THREE: False Suggestion of Connection
`
`31.
`
`Opposer repeats and realleges each and every allegation set forth in paragraphs
`
`1-30 herein.
`
`5
`
`

`

`32.
`
`The mark in the Challenged Application creates the same or similar commercial
`
`impression as Opposer’s FOKANA and FEDERATION OF KERALA ASSOCIATIONS IN
`
`NORTH AMERICA marks.
`
`33.
`
`Because the mark in the Challenged Application creates the same or similar
`
`commercial
`
`impression as Opposer’s FOKANA and FEDERATION OF KERALA
`
`ASSOCIATIONS IN NORTH AMERICA marks, the mark in the Challenged Application points
`
`uniquely and unmistakably to, and falsely suggests a connection with, Opposer.
`
`34.
`
`Applicant
`
`is neither authorized nor licensed by Opposer to use Opposer’s
`
`FOKANA and FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA marks
`
`for any purpose.
`
`35.
`
`Applicant is not connected in any way with Opposer or the services Opposer
`
`provides.
`
`36.
`
`Due to the fame and reputation of Opposer and Opposer’s FOKANA and
`
`FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA marks, when Applicant
`
`uses the mark in the Challenged Application in commerce, a connection with Opposer is
`
`presumed by the consuming public.
`
`37.
`
`As a result, Applicant’s registration and/or use of the mark in the Challenged
`
`Application is likely to create a false sense of connection with Opposer, in violation of Section
`
`2(a) of the Lanham Act, 15 U.S.C. § 1052(a).
`
`6
`
`

`

`COUNT FOUR: Fraud on the USPTO (In re Bose)
`
`38.
`
`Opposer repeats and realleges each and every allegation set forth in paragraphs
`
`1-37 herein.
`
`39.
`
`Under In re Bose Corp., 580 F.3d 1240, 91 USPQ.2d 1938, 1951 (Fed. Cir. 2009),
`
`fraud “occurs when an applicant knowingly makes false, material representations of fact in
`
`connection with its application with the intent to deceive the USPTO.”
`
`40.
`
`Exhibit B is a true and correct copy of the application form for the Challenged
`
`Application which Applicant caused to be filed on August 4, 2020.
`
`41.
`
`In the course of causing the Challenged Application to be filed on his behalf,
`
`Applicant authorized his counsel, as the signatory to the Challenged Application on behalf of
`
`Applicant, to make the following affirmative declarations under penalty of fine or imprisonment,
`
`or both, under 18 U.S.C. § 1001:
`
`a. “The signatory believes that the applicant is the owner of the trademark/service
`
`mark sought to be registered;”
`
`b. “To the best of the signatory's knowledge and belief, no other persons, except, if
`
`applicable, concurrent users, have the right to use the mark in commerce, either in
`
`the identical form or in such near resemblance as to be likely, when used on or in
`
`connection with the goods/services of such other persons, to cause confusion or
`
`mistake, or to deceive.”
`
`c. “To the best of the signatory's knowledge, information, and belief, formed after an
`
`inquiry reasonable under the circumstances, the allegations and other factual
`
`contentions made above have evidentiary support.”
`
`7
`
`

`

`42.
`
`At the time of causing the Challenged Application to be filed, Applicant knew
`
`that each of these declarations was objectively false and untrue.
`
`43.
`
`At
`
`the time of causing the Challenged Application to be filed, Applicant
`
`authorized his counsel, as the signatory to the Challenged Application on behalf of Applicant, to
`
`make these affirmative declarations, despite Applicant’s knowledge that they were objectively
`
`and demonstrably false.
`
`44.
`
`In authorizing his counsel to make these false representations on his behalf,
`
`Applicant deliberately sought
`
`to mislead the United States Patent and Trademark Office
`
`(“USPTO”) as to Applicant’s rights and priority claim as to the mark in the Challenge
`
`Application.
`
`45.
`
`In authorizing his counsel to make these false representations on his behalf,
`
`Applicant knowingly and intentionally sought to mislead the USPTO as to Applicant’s rights and
`
`priority claim as to the mark in the Challenge Application.
`
`46.
`
`In authorizing his counsel to make these false representations on his behalf,
`
`Applicant deliberately sought to deceive the USPTO, in order to induce the USPTO to grant
`
`Applicant
`
`trademark rights in the mark in the Challenged Application, despite Applicant
`
`knowing that he had no legitimate claim of ownership in that mark, and despite Applicant
`
`knowing that that mark belonged to another.
`
`47.
`
`As his specimen to support his filing basis under Section 1(a) of the Trademark
`
`Act, Applicant submitted a screenshot of Opposer’s website at https://fokanaonline.org, which is
`
`hosted at a domain registered in the name of the Chair of Opposer’s Board of Directors, and to
`
`which Applicant has no claim of ownership.
`
`8
`
`

`

`48.
`
`In submitting this screenshot of Opposer’s website at https://fokanaonline.org, in
`
`connection with the Challenged Application, Applicant deliberately sought
`
`to deceive the
`
`USPTO, in order to induce the USPTO to grant Applicant trademark rights in the mark in the
`
`Challenged Application, despite Applicant knowing that he had no legitimate claim of ownership
`
`in that mark, and despite Applicant knowing that that mark belonged to another.
`
`49.
`
`The Challenged Application is void and should be refused registration on grounds
`
`of fraud, because it is based on false representations regarding material facts, which Applicant
`
`knew to be false at the time of filing the Challenged Application.
`
`50.
`
`The Challenged Application is void and should be refused registration on
`
`grounds of fraud, because Applicant intended to induce the USPTO to rely on the false, material
`
`representations in the Challenged Application, and USPTO did indeed reasonably rely on such
`
`misrepresentations in approving the Challenged Application for publication.
`
`51.
`
`By filing the Challenged Application under fraudulent circumstances, Applicant
`
`sought to deprive Opposer, as the rightful and legitimate mark owner, of the privileges and
`
`benefits of federal registration.
`
`52.
`
`Opposer is being and will continue to be irreparably damaged as a result of
`
`Applicant’s fraudulent actions and knowing false statements in connection with the Challenged
`
`Application.
`
`9
`
`

`

`PRAYER FOR RELIEF
`
`Based on the foregoing reasons, the Challenged Application at Serial No. 90/092,757 is
`
`injurious and damaging to Opposer. Accordingly, Opposer prays that this Notice of Opposition
`
`be sustained, and that registration of Applicant’s mark be refused.
`
`The fee required under 37 C.F.R. § 2.6(a)(17)(ii) is being paid electronically concurrently
`
`with the filing of this Notice.
`
`RESPECTFULLY SUBMITTED
`this 29th day of December, 2021.
`
`The Ideas Law Firm, PLLC
`
`By:
`
`/Ruth K. Khalsa/
`Ruth K. Khalsa
`975 E Dava Drive
`Tempe, Arizona 85283
`Tel: 833.863.5483
`AZ SBN 024116
`ruth@trademarkelite.com
`Attorneys for Opposer
`
`10
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`

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`EXHIBIT A
`EXHIBIT A
`
`
`
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`U.S. Serial No. 90/092,757
`
`OPPOSITION No.
`
`Mark: FEDERATION OF KERALA
`ASSOCIATIONS IN NORTH
`AMERICA
`
`FOKANA,INC,
`Opposer,
`
`V.
`
`BOBBYK. JACOB,
`Applicant.
`
`AFFIDAVIT OF PHILIPOSE PHILIP
`
`PERSONALLY came and appeared before me, the undersigned Notary, the named PHILIPOSE
`
`PHILIP, who resides a: 193 Kings Hwy., Congers, New York 10920, and makes this his
`
`statement and General Affidavit upon oath and affirmation of belief and personal knowledge that
`
`the following matters and facts set forth are true and correct to the best of his knowledge:
`
`1. My name is Phi-ipose Philip and I am the Chairman of the Board of Trustees for the
`
`Federation of Kerala Associations in North America (FOKANA).
`
`2. Since 2004, I have held the following official positions in the FOKANA,organization:
`
`a. Auditor — 2004
`
`b. Chief Edicor- Convention Souvenir-2006
`
`c. Convention General Convener- 2008
`
`d. Convention Chairman - 2010
`
`e. National Committee Member -2012-14
`
`

`

`f. Executive Vice President- 2014-16
`
`g. General Secretary- 2016-18
`
`h. Board of Trustee Member 2018-20
`
`i. Chairman, Board of Trustees-2020-22
`
`. The FOKANAorganization was formed in 1983 and has always been knownbyits name
`
`“Federation of Kerala Associations in North America” or FOKANA. FOKANAis the
`
`umbrella organization of various Malayalee (Kerala) Associations in North America and
`
`Canada representing more than 500,000 Keralites living in North America.
`
`. The FOKANAorganization files taxes under Fokana Inc., a Maryland Corporation; and
`
`has been governingits affairs based on its organizational constitution.
`
`. The FOKANAorganization uses the name Federation of Kerala Associations in North
`
`America in all official communications, letterhead and promotionalflyers.
`
`. The objectives of the FOKANA organization are to promote the culture and heritage of
`
`Americans of Kerala descent, in addition to being a forum to keep all Keralites (people of
`
`Kerala) together, along with participating in various charity works in USAand India.
`
`. The FOKANAorganization holds an international convention every two years and
`
`publishes articles, memoirs and messages from dignitaries and governmentofficials in
`
`connection with this biennial convention. .
`
`. Past Presidents of the FOKANA organization include Dr. M. Anirudhan (Founding
`
`President 1983-84, 1986-88, 2000-02), Dr. Parthasarathy Pillai (1990-92), Comr. George
`
`Korath (2004-06), Mr. Paul Karukapallil (2006-08 ,2008-10), Mr. G.K. Pillai (2010-12),
`
`Mrs. MariammaPillai (2012-14), and Mr. Madhavan Nair (2018-20).
`
`

`

`The current President of the FOKANAorganization is Georgy Varughese (2020-22).
`
`. The FOKANAorganization holds elections for various executive and administrative
`
`offices every two years.
`
`. The 2018-20 President Madhavan Nair handed over the charge to current FOKANA
`
`President Georgy Varughese (2020-22) on November 21, 2020, as per the Fokana
`
`constitution.
`
`. The FOKANAorganization’s Board of Trustees is authorized to act on behalf of the
`
`organization.
`
`13.
`
`Asthe Chairman of the Board for the FOKANAorganization, I am authorized to act on
`
`behalf of the organization in its legal affairs, including in connection withits intellectual
`
`property and contract matters. Specifically, this includes the authority to act on behalf of
`
`the FOKANAorganization in causing any applications for trademarks to befiled.
`
`14. The website at www.fokanaonline.org is
`
`the official website for
`
`the FOKANA
`
`organization, and the domain is registered with GoDaddy under my name.
`
`. The current contact person listed with GoDaddy for
`
`the Federation of Kerala
`
`Associations in North America is myself, Philipose Philip, Chairman of the Board of
`
`Trustees.
`
`Affiant sayeth further naught.
`
`pe gy
`
`Philipose Philip, Chairman of the FOKANA Board ofTrustees
`
`jz\hol2\
`
`Date
`
`

`

`Subscribed and sworn to me this
`__| “7 },
`dayin pDPecaro bexy ziye |
`boc nessulC..
`JOHN VARGHESE
`"
`Commission #2369619
`Notary Public.State of New Jersey
`My Commission Expires
`February 08, 2023
`
`—_
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`4
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`AD
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`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`
`

`

`Generated on: This page was generated by TSDR on 2021-12-28 16:59:23 EST
`
`Mark: FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA
`
`US Serial Number: 90092757
`
`Filed as TEAS
`Plus:
`
`Yes
`
`Register: Principal
`
`Mark Type: Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Aug. 04, 2020
`
`Currently TEAS
`Plus:
`
`Yes
`
`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: Sep. 01, 2021
`
`Publication Date:Aug. 31, 2021
` 
`
`Mark Information
`
`FEDERATION OF KERALA ASSOCIATIONS IN NORTH AMERICA
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`In whole
`
`Mark Literal
`Elements:
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Acquired
`Distinctiveness
`Claim:
`
`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: Social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club members
`
`International
`Class(es):
`
`041 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jul. 04, 1983
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`U.S Class(es): 100, 101, 107
`
`Use in Commerce: Mar. 28, 1985
`
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`

`

`Current Owner(s) Information
`
`Owner Name: Jacob, Bobby K.
`
`DBA, AKA,
`Formerly:
`
`DBA FOKANA
`
`Owner Address: 39 Lanfant Court
`Glen Mills, PENNSYLVANIA UNITED STATES 19342
`
`Legal Entity Type: INDIVIDUAL
`
`Citizenship: UNITED STATES
`
`Attorney/Correspondence Information
`
`Attorney Name: Stephen F. Newton
`
`Attorney Primary
`Email Address:
`
`sfnewton@comcast.net
`
`Correspondent
`Name/Address:
`
`Stephen F. Newton
`STEPHEN F. NEWTON - ATTORNEY
`13046 CHATFIELD MANOR LN
`TOMBALL, TEXAS UNITED STATES 77377
`
`Phone: 832-277-8366
`
`Attorney of Record
`
`Docket Number: FOKANA
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Sep. 01, 2021
`Aug. 31, 2021
`Aug. 31, 2021
`Aug. 11, 2021
`Jul. 29, 2021
`Jun. 29, 2021
`Jun. 29, 2021
`Jun. 29, 2021
`Jun. 29, 2021
`May 28, 2021
`May 27, 2021
`May 27, 2021
`Apr. 27, 2021
`Dec. 02, 2020
`Dec. 02, 2020
`Dec. 02, 2020
`Nov. 24, 2020
`Sep. 03, 2020
`Aug. 07, 2020
`Aug. 07, 2020
`Aug. 07, 2020
`
`EXTENSION OF TIME TO OPPOSE RECEIVED
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`PUBLISHED FOR OPPOSITION
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`APPROVED FOR PUB - PRINCIPAL REGISTER
`EXAMINER'S AMENDMENT ENTERED
`NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
`EXAMINERS AMENDMENT E-MAILED
`EXAMINERS AMENDMENT -WRITTEN
`TEAS/EMAIL CORRESPONDENCE ENTERED
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`ASSIGNED TO EXAMINER
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`NON-FINAL ACTION E-MAILED
`NON-FINAL ACTION WRITTEN
`ASSIGNED TO EXAMINER
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`TEAS AMENDMENT ENTERED BEFORE ATTORNEY ASSIGNED
`TEAS VOLUNTARY AMENDMENT RECEIVED
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`TM Attorney: KERTGATE, AMY L
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`LAW OFFICE 113
`
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Jul. 29, 2021
`
`Proceedings
`
`Proceeding
`Number
`
`88888
`6328
`6328
`86338
`88889
`88889
`
`86338
`6325
`6325
`94047
`94047
`
`88889
`
`

`

`Summary
`
`Number of
`Proceedings:
`
`1
`
`Type of Proceeding: Extension of Time
`
` 
`
`Proceeding
`Number:
`
`90092757
`
`Filing Date: Sep 01, 2021
`
`Status: Extension of Time to Oppose Filed
`
`Status Date: Sep 01, 2021
`
`Interlocutory
`Attorney:
`
`Name: Jacob, Bobby K.
`
`Correspondent
`Address:
`
`STEPHEN F. NEWTON
`STEPHEN F. NEWTON - ATTORNEY
`13046 CHATFIELD MANOR LN
`TOMBALL TX UNITED STATES , 77377
`
`Defendant
`
`Correspondent e-
`mail:
`
`Associated marks
`
`Mark
`
`sfnewton@comcast.net , bobbyjacob1@gmail.com
`
`Application Status
`
`FEDERATION OF KERALA ASSOCIATIONS IN NORTH
`AMERICA
`
`Request For Extension of Time to File Opposition
`
`Potential Opposer(s)
`
`Name: FOKANA, Inc.
`
`Correspondent
`Address:
`
`RUTH KHALSA
`THE IDEAS LAW FIRM PLLC
`975 E DAVA DRIVE
`TEMPE AZ UNITED STATES , 85283
`
`Serial
`Number
`
`90092757
`
`Registration
`Number
`
`Correspondent e-
`mail:
`
`ruth@trademarkelite.com , randall@trademarkelite.com , kate@trademarkelite.com , trademarks@trademarkelite.com
`
`Prosecution History
`
`Entry Number
`
`History Text
`
`2
`1
`
`EXT GRANTED
`FIRST 90-DAY REQUEST TO EXT TIME TO OPPOSE
`
`Date
`
`Sep 01, 2021
`Sep 01, 2021
`
`Due Date
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 90092757
`Filing Date: 08/04/2020
`
`NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
`under the facts of the particular application.
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`TEAS Plus
`
`YES
`
`MARK INFORMATION
`
`*MARK
`
`FEDERATION OF KERALA ASSOCIATIONS OF NORTH AMERICA
`
`*STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`YES
`
`YES
`
`LITERAL ELEMENT
`
`FEDERATION OF KERALA ASSOCIATIONS OF NORTH AMERICA
`
`*MARK STATEMENT
`
`The mark consists of standard characters, without claim to any particular font style,
`size, or color.
`
`REGISTER
`
`Principal
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`DBA/AKA/TA/FORMERLY
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`Jacob, Bobby K.
`
`DBA FOKANA
`
`39 Lanfant Court
`
`Glen Mills
`
`Pennsylvania
`
`*COUNTRY/REGION/JURISDICTION/U.S.
`TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international
`addresses)
`
`19342
`
`PHONE
`
`*EMAIL ADDRESS
`
`WEBSITE ADDRESS
`
`832-277-8366
`
`XXXX
`
`fokanaonline.org
`
`LEGAL ENTITY INFORMATION
`
`*TYPE
`
`INDIVIDUAL
`
`* COUNTRY/REGION/JURISDICTION/U.S.
`TERRITORY OF CITIZENSHIP
`
`United States
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`

`

`* INTERNATIONAL CLASS
`
`041 
`
`*IDENTIFICATION
`
`Social club services, namely, arranging, organizing, and hosting social events, get-
`togethers, and parties for club members
`
`*FILING BASIS
`
`SECTION 1(a)
`
`       FIRST USE ANYWHERE DATE
`
`At least as early as 07/04/1983
`
`       FIRST USE IN COMMERCE DATE
`
`At least as early as 03/28/1985
`
`       SPECIMEN
`       FILE NAME(S)
`
`       SPECIMEN DESCRIPTION
`
`\\TICRS\EXPORT18\IMAGEOUT 18\900\927\90092757\xml1 \ FTK0003.JPG
`
`Wikipedia logo of Federation of Kerala Associations of North America, from
`webpage
`https://en.wikipedia.org/wiki/Federation_of_Kerala_Associations_in_North_America,
`printed August 4, 2020.
`
`ADDITIONAL STATEMENTS INFORMATION
`
`*TRANSLATION
`(if applicable)
`
`*TRANSLITERATION
`(if applicable)
`
`*CLAIMED PRIOR REGISTRATION
`(if applicable)
`
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`*CONCURRENT USE CLAIM
`(if applicable)
`
`ATTORNEY INFORMATION
`
` 
`
` 
`
` 
`
` 
`
` 
`
`NAME
`
`Stephen F. Newton
`
`ATTORNEY DOCKET NUMBER
`
`FOKANA
`
`ATTORNEY BAR MEMBERSHIP NUMBER XXX
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/
`TERRITORY
`
`XXXX
`
`XX
`
`FIRM NAME
`
`Stephen F. Newton - Attorney
`
`STREET
`
`CITY
`
`STATE
`
`13046 CHATFIELD MANOR LN
`
`TOMBALL
`
`Texas
`
`COUNTRY/REGION/JURISDICTION/U.S.
`TERRITORY
`
`United States
`
`ZIP/POSTAL CODE
`
`PHONE
`
`EMAIL ADDRESS
`
`77377
`
`832-277-8366
`
`sfnewton@comcast.net
`
`OTHER APPOINTED ATTORNEY
`
`Stephen Newton
`
`RECOGNIZED CANADIAN
`ATTORNEY/AGENT
`
`Stephen Newton
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`Stephen F. Newton
`
`

`

`PRIMARY EMAIL ADDRESS FOR
`CORRESPONDENCE
`
`sfnewton@comcast.net
`
`SECONDARY EMAIL ADDRESS(ES)
`(COURTESY COPIES)
`
`bobbyjacob1@gmail.com
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`TEAS Plus
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER
`CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`1
`
`225
`
`225
`
`225
`
`* SIGNATURE
`
`* SIGNATORY'S NAME
`
`/Stephen F. Newton/
`
`Stephen F. Newton
`
`* SIGNATORY'S POSITION
`
`Attorney of record, Texas State Bar Member
`
`SIGNATORY'S PHONE NUMBER
`
`* DATE SIGNED
`
`832-277-8366
`
`08/04/2020
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
` 
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 90092757
`Filing Date: 08/04/2020
`
`To the Commissioner for Trademarks:
`
`MARK: FEDERATION OF KERALA ASSOCIATIONS OF NORTH AMERICA (Standard Characters, see mark)
`The literal element of the mark consists of FEDERATION OF KERALA ASSOCIATIONS OF NORTH AMERICA. The mark consists of
`standard characters, without claim to any particular font style, size, or color.
`The applicant, Bobby K. Jacob, DBA FOKANA, a citizen of United States, having an address of
`      39 Lanfant Court
`      Glen Mills, Pennsylvania 19342
`      United States
`      832-277-8366(phone)
`      XXXX
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`For specific filing basis information for each item, you must view the display within the Input Table.
`International Class 041:  Social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club
`members
`
`Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or
`will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of
`listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image
`file may be in color, and the image must be in color if color is being claimed as a feature of the mark.
`
`In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least
`as early as 07/04/1983, and first used in commerce at least as early as 03/28/1985, and is now in use in such commerce. The applicant is
`submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed
`goods/services, consisting of a(n) Wikipedia logo of Federation of Kerala Associations of North America, from webpage