Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1206855
`05/04/2022
`
`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
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Get Weird, LLC
`
`05/04/2022
`
`7162 BEVERLY BLVD., #348
`BEVERLY HILLS, CA 90026
`UNITED STATES
`
`THEODORE R. REMAKLUS
`WOOD, HERRON & EVANS, L.L.P.
`441 VINE STREET
`2700 CAREW TOWER
`CINCINNATI, OH 45202
`UNITED STATES
`Primary email: tremaklus@whe-law.com
`513-241-2324
`
`Docket no.
`
`ASSC-2-122
`
`Applicant information
`
`Application no.
`
`90289695
`
`Opposition filing
`date
`
`Applicant
`
`05/04/2022
`
`Anti Broke Club, LLC
`15864 KINGSTON RD
`CHINO HILLS, CA 91709
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`01/04/2022
`
`Opposition period
`ends
`
`05/04/2022
`
`Class 025. First Use: Jan 1, 2020 First Use In Commerce: Jan 1, 2020
`All goods and services in the class are opposed, namely: Clothing, namely, shirts and shorts
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Deceptiveness
`
`Trademark Act Section 2(d)
`
`Trademark Act Section 2(a)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`5046740
`
`Register
`
`Principal
`
`Application date
`
`07/28/2015
`
`
`ESTTA1206855
`05/04/2022
`
`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
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Get Weird, LLC
`
`05/04/2022
`
`7162 BEVERLY BLVD., #348
`BEVERLY HILLS, CA 90026
`UNITED STATES
`
`THEODORE R. REMAKLUS
`WOOD, HERRON & EVANS, L.L.P.
`441 VINE STREET
`2700 CAREW TOWER
`CINCINNATI, OH 45202
`UNITED STATES
`Primary email: tremaklus@whe-law.com
`513-241-2324
`
`Docket no.
`
`ASSC-2-122
`
`Applicant information
`
`Application no.
`
`90289695
`
`Opposition filing
`date
`
`Applicant
`
`05/04/2022
`
`Anti Broke Club, LLC
`15864 KINGSTON RD
`CHINO HILLS, CA 91709
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`01/04/2022
`
`Opposition period
`ends
`
`05/04/2022
`
`Class 025. First Use: Jan 1, 2020 First Use In Commerce: Jan 1, 2020
`All goods and services in the class are opposed, namely: Clothing, namely, shirts and shorts
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Deceptiveness
`
`Trademark Act Section 2(d)
`
`Trademark Act Section 2(a)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`5046740
`
`Register
`
`Principal
`
`Application date
`
`07/28/2015
`
`
`
`Registration date
`
`09/20/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`ANTI SOCIAL SOCIAL CLUB
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Jan 1, 2015 First Use In Commerce: Jan 1, 2015
`Baseball caps and hats; Short-sleeved or long-sleeved t-shirts; Hooded sweat-
`shirts
`
`U.S. registration
`no.
`
`5840507
`
`Register
`
`Principal
`
`Registration date
`
`08/20/2019
`
`Application date
`
`03/06/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`ANTI SOCIAL SOCIAL CLUB
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the words "ANTI SOCIAL SOCIAL CLUB"in stylized letter-
`ing.
`
`Class 025. First use: First Use: Jul 28, 2015 First Use In Commerce: Jul 28,
`2015
`Belts as clothing; coats; gloves as clothing; jackets as clothing; jerseys; pants;
`shirts; shorts; socks; sweat pants; sweat shirts; sweaters; T-shirts; tank tops;
`
`
`
`vests; wind resistant jackets; wristbands; beanies; caps being headwear; hats;
`visors; footwear; sandals; shoes; slippers
`
`U.S. registration
`no.
`
`6335396
`
`Register
`
`Principal
`
`Registration date
`
`04/27/2021
`
`Application date
`
`12/15/2017
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`ANTI SOCIAL SOCIAL CLUB
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Feb 1, 2015 First Use In Commerce: Feb 1,
`2015
`Belts; Coats; Gloves; Jackets; Pajamas;Shirts; Shorts; Socks; Sweat pants;
`Sweat shirts; T-shirts; Tank tops; Underwear; Wind resistant jackets; Beanies;
`Capsbeing headwear; Hats; Visors; Footwear;Sandals; Shoes; Slippers
`
`Attachments
`
`86707078#TMSN.png( bytes )
`87823054#TMSN.png( bytes )
`87723409#TMSN.png( bytes )
`Notice of Opposition.pdf(174203 bytes )
`
`Signature
`
`/theodore r remaklus/
`
`Name
`
`Date
`
`Theodore R. Remaklus
`
`05/04/2022
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`____________________________________)
`RV Skincare Brands LLC,
`
`
`) Opposition No. _____________
` )
`
`
`
`
`Opposer,
`)
`) Application No. 90/289,695
`) Published: January 4, 2022
`
`
`
`
`
`v.
`)
`
`
`
`
`
`
`)
`
`
`Grande Cosmetics, LLC,
`)
`
`
`
`
`
`
`) Mark:
`Applicant.
`
`
`
`
`____________________________________)
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`
`Opposer, Get Weird, LLC, a California limited liability company having a place of
`
`business at 7162 Beverly Blvd., #348, Los Angeles, CA 90036 ("Opposer"), believes that it will
`
`be damaged by registration of the mark ANTI BROKE CLUB (Stylized) of Application No.
`
`90/289,695 in International Class 25 and hereby opposes the same.
`
`GROUNDS FOR OPPOSITION
`
`
`
`As grounds for this opposition, Opposer alleges as follows:
`
`1. Since at least as early as 2015, Opposer has been using the mark ANTI SOCIAL
`
`SOCIAL CLUB (hereinafter "Opposer's Mark") in connection with a variety of goods and
`
`services, including apparel and related goods in Class 25.
`
`2. Opposer owns, among others, the following federal registrations for Opposer's Mark
`
`in Class 25:
`
`Anti Social
`
`Social Club
`
`Registration No. 5046740 (incontestable), registered on
`September 20, 2016, claiming a first use date of January 1, 2015
`Class 25 – Baseball caps and hats; Short-sleeved or long-sleeved
`t-shirts; Hooded sweatshirts
`
`
`
`1
`
`
`
`
`
`ANTI SOCIAL
`
`SOCIAL CLUB
`
`Registration No. 5840507, registered on August 20, 2019,
`claiming a first use date of July 28, 2015
`Class 25 – Belts as clothing; coats; gloves as clothing; jackets as
`clothing; jerseys; pants; shirts; shorts; socks; sweat pants;
`sweat shirts; sweaters; T-shirts; tank tops; vests; wind
`resistant jackets; wristbands; beanies; caps being headwear;
`hats; visors; footwear; sandals; shoes; slippers
`
`
`Registration No. 6335396, registered on August 27, 2021,
`claiming a first use date of February 1, 2015
`Class 25 – Belts; Coats; Gloves; Jackets; Pajamas; Shirts; Shorts;
`Socks; Sweat pants; Sweat shirts; T-shirts; Tank tops;
`Underwear; Wind resistant jackets; Beanies; Caps being
`headwear; Hats; Visors; Footwear; Sandals; Shoes; Slippers
`
`
`The above registrations are valid and subsisting.
`
`3. On information and belief, Applicant is Anti Broke Club, LLC, a California limited
`
`liability company with an address of 15864 Kingston Rd Chino Hills, California 91709
`
`("Applicant").
`
`4.
`
`On information and belief, Applicant filed use-based Application No. 90/289,695
`
`(hereinafter "the '695 Application") on October 30, 2021 for the trademark ANTI BROKE
`
`CLUB (Stylized) (hereinafter "Applicant's Mark") for "Clothing, namely, shirts and shorts" in
`
`Class 25.
`
`5.
`
`The '695 Application was published for opposition on January 4, 2022. Opposer
`
`obtained an extension of time through and including May 4, 2022 in which to oppose the '695
`
`Application. The present opposition has been timely filed.
`
`6.
`
`Applicant's filing date is subsequent to Opposer's registration, filing and/or use
`
`dates for Opposer's Mark.
`
`7.
`
`Since prior to filing of the '695 Application, Opposer has
`
`made substantial and continuous use of the ANTI SOCIAL SOCIAL CLUB
`
`mark, including in the stylized form to the right, in interstate, foreign, and
`
`
`
`2
`
`
`
`intrastate commerce on and in connection with the advertising, promotion, and sale of its goods,
`
`since as early as 2015.
`
`8.
`
`By virtue of the aforesaid advertising, promotion, and sales, and by virtue of the
`
`excellence of its products, Opposer’s Mark has come to represent exceedingly valuable goodwill
`
`owned by Opposer.
`
`9.
`
`The goods on which Opposer uses its ANTI SOCIAL SOCIAL CLUB mark and
`
`the goods for which Applicant seeks to register Applicant's Mark are identical (shirts and shorts),
`
`and Opposer's goods and Applicant’s goods are sold through the same channels of trade and to
`
`the same class of purchasers.
`
`10.
`
`As shown below, Opposer's stylized ANTI SOCIAL SOCIAL CLUB Mark and
`
`Applicant's stylized ANTI BROKE CLUB Mark are confusingly and substantially similar in
`
`appearance and design:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`On information and belief, Applicant could not have arrived at its design without seeing and
`
`copying the design of Opposer's Mark.
`
`11.
`
`Use by Applicant of Applicant's Mark will be likely to cause confusion, mistake,
`
`or deception with Opposer's Mark, and result in the belief that Applicant or Applicant's goods are
`
`in some way legitimately connected with, sponsored by, or approved by Opposer, resulting in
`
`damage and injury to Opposer. Persons familiar with Opposer's Mark would be likely to buy
`
`Applicant's goods as and for a product made and sold by Opposer. Any such confusion in trade
`
`
`
`3
`
`
`
`inevitably would result in loss of sales to Opposer. Furthermore, any defect, objection, or fault
`
`found with Applicant’s products marketed under Applicant's Mark would necessarily reflect
`
`upon and seriously injure the reputation that Opposer has established for its products
`
`merchandised under Opposer's Mark.
`
`12.
`
`Applicant's Mark, if registered, will be deceptive and falsely suggest a connection
`
`between Applicant and Opposer and their respective goods in violation of Section 2(a) of the
`
`Lanham Act, 15 U.S.C. § 1052(a), and use of Applicant's Mark with the goods in the '695
`
`Application will likely cause confusion, mistake or to deceive, in violation of Section 2(d) of the
`
`Lanham Act, 15 U.S.C. § 1052(d).
`
`13.
`
`Applicant is not entitled to use or register Applicant's Mark for the goods recited
`
`in the '695 Application.
`
`14.
`
`Under Section 7(b) of the Lanham Act, 15 U.S.C. § 1057(b), if a certificate of
`
`registration were to issue to Applicant it would be prima facie evidence of, among other things,
`
`its right to use Applicant's Mark in commerce on the opposed goods, and such use would be
`
`likely to cause confusion, or to cause mistake, or to deceive purchasers by reason of the
`
`similarity thereof to Opposer's Mark.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`WHEREFORE, Opposer believes that it will be damaged by registration of Applicant's
`
`Mark, and prays that the '695 Application be refused and registration denied.
`
`Date: May 4, 2022
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Get Weird, LLC
`
`
` By: /s/ Theodore R. Remaklus
`Theodore R. Remaklus
`tremaklus@whe-law.com
`Wood, Herron & Evans, L.L.P.
`2700 Carew Tower
`441 Vine Street
`Cincinnati, Ohio 45202-2917
`Tel.: (513) 241-2324
`
`Attorneys for Opposer
`Get Weird, LLC
`
`
`
`
`
`5
`
`
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