Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1195793
`03/10/2022
`
`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
`525 S. MERIDIAN ST., SUITE 1A2
`INDIANAPOLIS, IN 46225
`UNITED STATES
`Primary email: brad@rsindy.com
`Secondary email(s): docket@rsindy.com
`317-501-2891
`
`Docket no.
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`90724623
`03/10/2022
`
`Buff Bomb Bar, LLC
`6360 S PECOS RD STE 4
`LAS VEGAS, NV 89120
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`Opposition period
`ends
`
`03/08/2022
`04/07/2022
`
`Class 021. First Use: Sep 18, 2020 First Use In Commerce: Sep 18, 2020
`All goods and services in the class are opposed, namely: Insulating sleeve holder for beverage cups;
`Insulating sleeve holder for bottles; Insulating sleeve holders made of neoprene for jars, bottles or
`cans
`
`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.
`Register
`Registration date
`
`5308478
`
`Principal
`10/10/2017
`
`Application date
`
`03/03/2017
`
`Foreign priority
`
`NONE
`
`
`ESTTA Tracking number:
`ESTTA1195793
`03/10/2022
`
`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
`525 S. MERIDIAN ST., SUITE 1A2
`INDIANAPOLIS, IN 46225
`UNITED STATES
`Primary email: brad@rsindy.com
`Secondary email(s): docket@rsindy.com
`317-501-2891
`
`Docket no.
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`90724623
`03/10/2022
`
`Buff Bomb Bar, LLC
`6360 S PECOS RD STE 4
`LAS VEGAS, NV 89120
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`Opposition period
`ends
`
`03/08/2022
`04/07/2022
`
`Class 021. First Use: Sep 18, 2020 First Use In Commerce: Sep 18, 2020
`All goods and services in the class are opposed, namely: Insulating sleeve holder for beverage cups;
`Insulating sleeve holder for bottles; Insulating sleeve holders made of neoprene for jars, bottles or
`cans
`
`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.
`Register
`Registration date
`
`5308478
`
`Principal
`10/10/2017
`
`Application date
`
`03/03/2017
`
`Foreign priority
`
`NONE
`
`
`
`Word mark
`Design mark
`
`BRÃ#MATE
`
`date
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 021. First use: First Use: Mar 2017 First Use In Commerce: Mar 2017
`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.
`Register
`Registration date
`
`6341625
`
`Principal
`05/04/2021
`
`Word mark
`Design mark
`
`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: May 2017 First Use In Commerce: May 2017
`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 )
`BREW BUDDY Notice of Opposition.pdf(133941 bytes )
`
`Signature
`Name
`Date
`
`/bms/
`Bradley M. Stohry
`03/10/2022
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Trademark Ser. No. 90/724,623
`For the mark BREW BUDDY
`Filed on May 20, 2021
`
`
`
`
`
`BRUMATE, INC.,
`
`
`
`
`
`
`
`
`
`Opposer,
`
`
`
`
`
`
` v.
`
`
`
`
`
`
`
`BUFF BOMB BAR, LLC,
`d/b/a SERIOUSLY SHEA
`
`
`
`
`
`
`
`
`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 Buff Bomb Bar, LLC d/b/a Seriously Shea (“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 Nevada with
`
`a place of business at 6360 S Pecos Rd, Ste 4, Las Vegas, NV 89120.
`
`Opposer and Its Use of the BRŰMATE Mark
`
`3.
`
`Opposer uses the BRŰMATE mark to promote its line of insulated beverage
`
`containers, drinkware, and related products.
`
`4.
`
`Opposer began using the BRŰMATE mark in commerce in March 2017. Since that
`
`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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`5.
`
`As a result of this use of the BRŰMATE mark, Opposer has established extensive
`
`and valuable trademark rights and goodwill in the BRŰMATE mark.
`
`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
`
`products and other drinkware products.
`
`Grounds for Opposing the Application
`
`7.
`
`Trademark App. Ser. No. 90/724,623 (the “Application”) was filed by Applicant
`
`for the BREW BUDDY mark on May 20, 2021.
`
`8.
`
`According to the Application, Applicant uses the BREW BUDDY mark in
`
`connection with “Insulating sleeve holder for beverage cups; Insulating sleeve holder for bottles;
`
`Insulating sleeve holders made of neoprene for jars, bottles or cans.”
`
`In the Application, Applicant claimed a date of first use in commerce of September
`
`9.
`
`18, 2020.
`
`10.
`
`Opposer’s actual, continuous, and continuing use of the BRŰMATE mark in
`
`commerce began before Applicant filed the Application for the BREW BUDDY mark and/or
`
`began using the BREW BUDDY mark in commerce.
`
`11.
`
`Applicant’s use and registration of the BREW BUDDY mark for the goods listed
`
`in its Application is likely to cause confusion, mistake, and/or lead to deception as to the origin of
`
`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 BREW BUDDY mark, the identical meaning/commercial
`
`Page 2
`
`
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`impressions of the BRŰMATE mark and the BREW BUDDY mark, and the overlapping goods
`
`that are provided by the parties under their respective marks.
`
`13.
`
`Applicant’s use and registration of the BREW BUDDY mark is likely to result in
`
`confusion and substantial damage and injury to Opposer. Persons familiar with the BRŰMATE
`
`mark are likely to believe that Applicant’s goods originate with, or are licensed, sponsored or
`
`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.
`
`Dated this 10th day of March, 2022.
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`Respectfully submitted,
`
`
`
`
`
`
`
`/Bradley M. Stohry/
`Bradley M. Stohry
`REICHEL STOHRY DEAN LLP
`525 S. Meridian St., Suite 1A2
`Indianapolis, Indiana 46225
`(317) 501-2891
`
`Attorney for Brumate, Inc.
`
`By:
`
`
`
`
`
`
`
`
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`Page 3
`
`
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