Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1240937
`10/11/2022
`
`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
`
`Serta, Inc.
`
`10/09/2022
`
`2451 INDUSTRY AVENUE
`DORAVILLE, GA 30360
`UNITED STATES
`
`THOMAS J. MANGO
`CANTOR COLBURN LLP
`20 CHURCH STREET, 22ND FLOOR
`HARTFORD, CT 06103
`UNITED STATES
`Primary email: tmango@cantorcolburn.com
`Secondary email(s): vricci@cantorcolburn.com, TM-CT@cantorcolburn.com
`(860) 286-2929
`
`Docket no.
`
`SS30559OPPUS
`
`Applicant information
`
`Application no.
`
`90778233
`
`Opposition filing
`date
`
`Applicant
`
`10/11/2022
`
`Publication date
`
`04/12/2022
`
`Opposition period
`ends
`
`10/09/2022
`
`MGA COMMODITIES INC
`88 BRUNSWICK BLVD.
`DOLLARD-DES-ORMEAUX,QC, H9B2C5
`CANADA
`
`Goods/services affected by opposition
`
`Class 020. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Furniture; Bathroom vanities; Bathroom
`vanities being furniture; Bathroom vanity mirrors; Cabinets; Cabinets for display purposes; Medicine
`cabinets
`
`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.
`
`582463
`
`Register
`
`Principal
`
`Application date
`
`08/08/1952
`
`

`

`Registration date
`
`11/17/1953
`
`Word mark
`
`Design mark
`
`SERTA
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 020. First use: First Use: Aug 10, 1938 First Use In Commerce: Aug 10,
`1938
`MATTRESSES
`
`U.S. registration
`no.
`
`582464
`
`Register
`
`Principal
`
`Registration date
`
`11/17/1953
`
`Application date
`
`08/08/1952
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SERTA
`
`NONE
`
`Class 020. First use: First Use: Aug 10, 1938 First Use In Commerce: Aug 10,
`1938
`MATTRESSES
`
`U.S. registration
`no.
`
`1180198
`
`Register
`
`Principal
`
`Registration date
`
`12/01/1981
`
`Application date
`
`05/20/1980
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SERTA
`
`NONE
`
`Class 020. First use: First Use: Jan 1, 1942 First Use In Commerce: Jan 1, 1942
`Furniture Convertible into Beds
`
`U.S. registration
`no.
`
`1864743
`
`Register
`
`Principal
`
`Application date
`
`11/10/1993
`
`

`

`Registration date
`
`11/29/1994
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SERTA
`
`NONE
`
`Class 020. First use: First Use: Jul 1993 First Use In Commerce: Jul 1993
`mattresses and mattress foundations
`
`U.S. registration
`no.
`
`2041918
`
`Register
`
`Principal
`
`Registration date
`
`03/04/1997
`
`Application date
`
`03/22/1996
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SERTA
`
`NONE
`
`Class 020. First use: First Use: Dec 1, 1931 First Use In Commerce: Dec 1,
`1931
`mattresses, mattress foundations, mattress pads and pillows
`
`U.S. registration
`no.
`
`2041919
`
`Register
`
`Principal
`
`Registration date
`
`03/04/1997
`
`Word mark
`
`Design mark
`
`SERTA
`
`Application date
`
`03/22/1996
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 020. First use: First Use: Jun 1995 First Use In Commerce: Jun 1995
`mattress pads and pillows
`
`U.S. registration
`no.
`
`4217699
`
`Application date
`
`02/28/2012
`
`

`

`Register
`
`Principal
`
`Registration date
`
`10/02/2012
`
`Word mark
`
`Design mark
`
`SERTA
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 020. First use: First Use: Oct 22, 2008 First Use In Commerce: Oct 22,
`2008
`Beds for household pets
`
`U.S. registration
`no.
`
`6479356
`
`Register
`
`Principal
`
`Registration date
`
`09/07/2021
`
`Word mark
`
`Design mark
`
`SERTA
`
`Application date
`
`07/13/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of an incomplete circle surrounding the word "Serta" in styl-
`ized writing.
`
`Class 027. First use: First Use: Jan 1, 2021 First Use In Commerce: Jan 1, 2021
`Rugs; area rugs
`
`Attachments
`
`71633634#TMSN.png( bytes )
`75077229#TMSN.png( bytes )
`85555280#TMSN.png( bytes )
`88037166#TMSN.png( bytes )
`Notice of Opposition with Exhibits.PDF(359211 bytes )
`
`

`

`Signature
`
`/THOMAS J. MANGO/
`
`Name
`
`Date
`
`THOMAS J. MANGO
`
`10/11/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Trademark Application Serial No.
`Filed:
`Mark:
`Published in the Official Gazette:
`
`90778233
`June 16, 2021
`SERA
`April 12, 2022
`
`Serta, Inc.,
`
`v.
`
`Opposer,
`
`MGA Commodities Inc,
`
`Applicant.
`
` Opposition No: _____________
`
`NOTICE OF OPPOSITION
`
`In the matter of United States Trademark Application Serial No. 90778233
`
`(“Application”), filed on June 16, 2021, for registration of the mark SERA (“SERA Mark”), by
`
`MGA Commodities Inc (“Applicant”), covering “Furniture; Bathroom vanities; Bathroom
`
`vanities being furniture; Bathroom vanity mirrors; Cabinets; Cabinets for display purposes;
`
`Medicine cabinets” in International Class 20, and published for opposition in the United States
`
`Patent and Trademark Office’s (“USPTO”) Official Gazette on April 12, 2022, Opposer Serta,
`
`Inc. believes it will be damaged by such registration, and hereby opposes the registration of the
`
`Application.
`
`The grounds for the opposition are as follows:
`
`

`

`A. Opposer Serta, Inc.
`
`1. Serta, Inc. (“Serta” or “Opposer”) is a corporation organized and existing under the
`
`laws of Delaware, with a principal place of business located at 2451 Industry Avenue, Doraville,
`
`Georgia 30360.
`
`2. A champion of comfort for all, Serta has pioneered sleep innovation for more than 90
`
`years, bringing quality products to more than 150 countries worldwide.
`
`3. Every bed across the Serta portfolio is designed to provide superior comfort.
`
`4. Serta owns both common law and federally registered rights to its well-known
`
`SERTA and SERTA-formative family of trademarks (“SERTA Marks”) used on and in
`
`connection with mattresses and related goods and services (“Opposer’s Goods and Services”).
`
`5. Opposer owns U.S. Trademark Registration No. 582463 for SERTA (Stylized), filed
`
`on August 8, 1952, and registered on November 17, 1953, covering “MATTRESSES” in Class
`
`20, and filed based on Section 1(a) of the Trademark Act, claiming a first use in U.S. commerce
`
`date of August 10, 1938. See attached Exhibit A, showing a true and correct copy of a printout
`
`from the USPTO’s Trademark Status and Document Retrieval (“TSDR”) database.
`
`6. Opposer owns U.S. Trademark Registration No. 582464 for SERTA (Stylized) and
`
`Design, filed on August 8, 1952, and registered on November 17, 1953, covering
`
`“MATTRESSES” in Class 20, and filed based on Section 1(a) of the Trademark Act, claiming a
`
`first use in U.S. commerce date of August 10, 1938. See attached Exhibit B, showing a true and
`
`correct copy of a printout from the USPTO’s TSDR database.
`
`-2-
`
`

`

`7. Opposer owns U.S. Trademark Registration No. 1180198 for SERTA, filed on May
`
`20, 1980, and registered on December 1, 1981, covering “Furniture Convertible into Beds” in
`
`Class 20, and filed based on Section 1(a) of the Trademark Act, claiming a first use in U.S.
`
`commerce date of January 1, 1942. See attached Exhibit C, showing a true and correct copy of a
`
`printout from the USPTO’s TSDR database.
`
`8. Opposer owns U.S. Trademark Registration No. 1864743 for SERTA (Stylized), filed
`
`on November 10, 1993, and registered on November 29, 1994, covering “mattresses and mattress
`
`foundations” in Class 20, and filed based on Section 1(a) of the Trademark Act, claiming a first
`
`use in U.S. commerce date of July 1993. See attached Exhibit D, showing a true and correct
`
`copy of a printout from the USPTO’s TSDR database.
`
`9. Opposer owns U.S. Trademark Registration No. 2041918 for SERTA, filed on March
`
`22, 1996, and registered on March 4, 1997, covering “mattresses, mattress foundations, mattress
`
`pads and pillows” in Class 20, and filed based on Section 1(a) of the Trademark Act, claiming a
`
`first use in U.S. commerce date of December 1, 1931. See attached Exhibit E, showing a true
`
`and correct copy of a printout from the USPTO’s TSDR database.
`
`10. Opposer owns U.S. Trademark Registration No. 2041919 for SERTA (Stylized) and
`
`Design, filed on March 22, 1996, and registered on March 4, 1997, covering “mattress pads and
`
`pillows” in Class 20, and filed based on Section 1(a) of the Trademark Act, claiming a first use
`
`in U.S. commerce date of June 1995. See attached Exhibit F, showing a true and correct copy of
`
`a printout from the USPTO’s TSDR database.
`
`-3-
`
`

`

`11. Opposer owns U.S. Trademark Registration No. 4217699 for SERTA, filed on
`
`February 28, 2012, and registered on October 2, 2012, covering “Beds for household pets” in
`
`Class 20, and filed based on Section 1(a) of the Trademark Act, claiming a first use in U.S.
`
`commerce date of October 22, 2008. See attached Exhibit G, showing a true and correct copy of
`
`a printout from the USPTO’s TSDR database.
`
`12. Opposer owns U.S. Trademark Registration No. 6479356 for SERTA (Stylized) and
`
`Design, filed on July 13, 2018, and registered on September 7, 2021, covering “Rugs; area rugs”
`
`in Class 27, and filed based on Section 1(a) of the Trademark Act, claiming a first use in U.S.
`
`commerce date of January 1, 2021. See attached Exhibit H, showing a true and correct copy of a
`
`printout from the USPTO’s TSDR database.
`
`13. The SERTA Marks are prominently featured in Opposer’s advertising, marketing,
`
`and promotional materials for the Opposer’s Goods and Services, and in connection with the
`
`Opposer’s Goods and Services that are offered for purchase in the United States and on
`
`Opposer’s website located at https://www.serta.com/.
`
`14. As a result of Opposer’s substantially exclusive and continuous use of the SERTA
`
`Marks in connection with Opposer’s Goods and Services, and having expended considerable
`
`effort and expense in promoting Opposer’s Goods and Services associated with the SERTA
`
`Marks, the SERTA Marks and the goods and services bearing the SERTA Marks have come to
`
`be recognized and associated with Opposer and have developed substantial goodwill and a
`
`positive reputation among the industry, the trade, the media, and consumers. The SERTA Marks
`
`have become one of Opposer’s most valuable assets.
`
`-4-
`
`

`

`15. The SERTA Marks are clearly displayed on the covered products, and distinguish
`
`Opposer’s Goods and Services from those of its competitors. As a result, consumers and end
`
`users readily recognize, associate, identify, and distinguish the SERTA Marks and Opposer’s
`
`Goods and Services from those of others.
`
`16. The SERTA Marks have been the subject of widespread attention from the media
`
`and the public and have been featured in third-party news articles and in other media.
`
`B. Applicant MGA Commodities Inc.
`
`17. On information and belief, Applicant is a corporation organized and existing under
`
`the laws of Canada, and with a business address of 88 Brunswick Blvd., Dollard-des-
`
`Ormeaux,QC Canada H9B2C5.
`
`18. Applicant has no relationship with Opposer.
`
`19. On or about June 16, 2021, Applicant filed the Application (Serial No. 90778233).
`
`20. As currently pending, the Application covers “Furniture; Bathroom vanities;
`
`Bathroom vanities being furniture; Bathroom vanity mirrors; Cabinets; Cabinets for display
`
`purposes; Medicine cabinets” in Class 20.
`
`21. The Application was filed based on an Intent-To-Use basis under Section 1(b) of
`
`the Lanham Act, 15 U.S.C. §1051(b), and remains on this basis as of the date of this Opposition.
`
`22. The Application was filed without Opposer’s authorization, consent, or prior
`
`knowledge.
`
`23. The SERTA Marks, including Opposer’s common law rights, predate the
`
`Application and any claimed rights by Applicant in the Application. Opposer therefore has
`
`rights that are senior to any rights that may be claimed by the Applicant.
`
`-5-
`
`

`

`COUNT I
`LIKELIHOOD OF CONFUSION
`
`24. Opposer incorporates paragraphs 1 – 23 by reference and realleges the same as if
`
`originally set forth herein.
`
`25. There is a likelihood of confusion between the SERTA Marks and the Opposer’s
`
`Goods and Services, and the SERA Mark and the goods and services Applicant intends to offer
`
`under the SERA Mark.
`
`26. In particular, the SERA Mark is confusingly similar to the SERTA Marks because
`
`the the marks are virtually identical expect for one letter. Further, the SERA Mark covers related
`
`goods as the Opposer’s Goods and Services covered by the SERTA Marks, goods that will travel
`
`in the same channels, and goods that are targeted to the same consumers.
`
`27. As a result, any minor differences between the marks do not avoid a likelihood of
`
`confusion between the marks.
`
`28. Given the filing date of the Application, the Applicant was clearly exposed to and
`
`aware of the Opposer and the SERTA Marks before filing the Application.
`
`29. Applicant’s selection of a mark that is confusingly similar to the SERTA Marks was
`
`no coincidence, and was intended to trade off of the substantial reputation and goodwill of the
`
`Opposer and the SERTA Marks.
`
`30. The Applicant is clearly attempting to cause confusion, to cause mistake, and/or to
`
`deceive between the two marks by copying the SERTA Marks.
`
`31. As a result, the SERA Mark so resembles the SERTA Marks that registration of the
`
`SERA Mark would be likely to cause confusion, to cause mistake, and/or to deceive purchasers
`
`when the SERA Mark is used on or in connection with the Applicant’s goods, and, therefore,
`
`registration of SERA Mark should be refused.
`
`-6-
`
`

`

`32. By reason of the foregoing, Opposer is likely to be harmed by registration of
`
`Application Serial No. 90778233 for SERA Mark.
`
`WHEREFORE, Opposer Serta, Inc. respectfully requests that the Trademark Trial and
`
`Appeal Board sustain this opposition and refuse registration for United States Trademark
`
`Application Serial No. 90778233.
`
`Dated: October 11, 2022
`
`Respectfully submitted,
`
`Serta, Inc.
`
`By:/Thomas J. Mango/
`Thomas J. Mango, Esq.
`Cantor Colburn LLP
`20 Church Street, 22nd Floor
`Hartford, CT 06103-3207
`Telephone: (860) 286-2929
`Fax: (860) 286-0115
`tmango@cantorcolburn.com
`
`Attorneys for Serta, Inc.
`
`-7-
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Generated on: This page was generated by TSDR on 2022-10-06 13:16:15 EDT
`
`Mark: SERTA
`
`US Serial Number: 71633634
`
`US Registration
`Number:
`
`582463
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Aug. 08, 1952
`
`Registration Date: Nov. 17, 1953
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Sep. 23, 2013
`
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`SERTA
`
`Standard Character
`Claim:
`
`No
`
`Mark Drawing
`Type:
`
`5 - AN ILLUSTRATION DRAWING WITH WORD(S) /LETTER(S)/ NUMBER(S) INSTYLIZED FORM
`
`Related Properties Information
`
`Claimed Ownership
`of US
`Registrations:
`
`0370996
`
`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: MATTRESSES
`
`International
`Class(es):
`
`020
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 032 - Primary Class
`
`First Use: Aug. 10, 1938
`
`Use in Commerce: Aug. 10, 1938
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`

`

`Filed 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: SERTA, INC.
`
`Owner Address: 2451 Industry Avenue
`Doraville, GEORGIA UNITED STATES 30360
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Michelle P. Ciotola
`
`Docket Number: SS30088TUS
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`TM-CT@cantorcolburn.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Michelle P. Ciotola
`Cantor Colburn LLP
`20 Church Street
`22nd Floor
`Hartford, CONNECTICUT UNITED STATES 06103
`
`Phone: 860-286-2929
`
`Fax: 860-286-0115
`
`Correspondent e-
`mail:
`
`TM-CT@cantorcolburn.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Nov. 04, 2021
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Proceeding
`Number
`
`88888
`
`Nov. 04, 2021
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Nov. 04, 2021
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Nov. 04, 2021
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Nov. 04, 2021
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Jul. 27, 2016
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Jul. 27, 2016
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Sep. 23, 2013
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`Sep. 23, 2013
`
`REGISTERED AND RENEWED (FOURTH RENEWAL - 10 YRS)
`
`Sep. 23, 2013
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Sep. 20, 2013
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`Sep. 20, 2013
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Apr. 20, 2009
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Oct. 10, 2008
`
`CASE FILE IN TICRS
`
`Aug. 11, 2008
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Aug. 11, 2008
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`May 16, 2007
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 07, 2003
`
`REGISTERED AND RENEWED (THIRD RENEWAL - 10 YRS)
`
`Aug. 07, 2003
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Jun. 03, 2003
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`Jun. 03, 2003
`
`PAPER RECEIVED
`
`Jun. 06, 2003
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Dec. 28, 1993
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
`
`Nov. 03, 1993
`
`REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8
`
`Nov. 17, 1973
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 20 YRS)
`TM Staff and Location Information
`
`66607
`
`66607
`
`66607
`
`88888
`
`

`

`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Sep. 23, 2013
`
`Assignment Abstract Of Title Information
`
`TM Staff Information - None
`
`File Location
`
`Summary
`
`Total Assignments: 1
`
`Assignment 1 of 1
`
`Registrant: SERTA ASSOCIATES, INC.
`
` 
`
`Conveyance: CHANGE OF NAME 19730122
`
`Reel/Frame: 0240/0158
`
`Date Recorded: Aug. 06, 1973
`
`Supporting
`Documents:
`
`No Supporting Documents Available
`
`Pages: 3
`
`Name: SERTA ASSOCIATES, INC.
`
`Execution Date: Jul. 17, 1973
`
`Assignor
`
`Legal Entity Type: UNKNOWN
`
`Name: SERTA, INC.
`
`Legal Entity Type: UNKNOWN
`
`Address: No Assignee Address Found
`
`Correspondent
`Name:
`
`NEUMAN, WILLIAMS, ET AL.
`
`Correspondent
`Address:
`
`77 WEST WASHINGTON ST.
`CHICAGO, IL 60602
`
`State or Country
`Where Organized:
`
`Assignee
`
`No Place Where Organized Found
`
`State or Country
`Where Organized:
`
`No Place Where Organized Found
`
`Correspondent
`
`Domestic Representative - Not Found
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Generated on: This page was generated by TSDR on 2022-10-06 13:22:45 EDT
`
`Mark: SERTA
`
`US Serial Number: 71633635
`
`US Registration
`Number:
`
`582464
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Aug. 08, 1952
`
`Registration Date: Nov. 17, 1953
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Sep. 23, 2013
`
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`SERTA
`
`Standard Character
`Claim:
`
`No
`
`Mark Drawing
`Type:
`
`Design Search
`Code(s):
`
`3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
`
`26.03.03 - Ovals, incomplete; Incomplete ovals
`26.03.21 - Ovals that are completely or partially shaded
`26.09.21 - Squares that are completely or partially shaded
`
`Related Properties Information
`
`Claimed Ownership
`of US
`Registrations:
`
`0370996
`
`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: MATTRESSES
`
`International
`Class(es):
`
`020
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 032 - Primary Class
`
`First Use: Aug. 10, 1938
`
`Use in Commerce: Aug. 10, 1938
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`

`

`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: SERTA, INC.
`
`Owner Address: 2451 Industry Avenue
`Doraville, GEORGIA UNITED STATES 30360
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Michelle P. Ciotola
`
`Docket Number: SS30089TUS
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`TM-CT@cantorcolburn.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Michelle P. Ciotola
`Cantor Colburn LLP
`20 Church Street
`22nd Floor
`Hartford, CONNECTICUT UNITED STATES 06103
`
`Phone: 860-286-2929
`
`Fax: 860-286-0115
`
`Correspondent e-
`mail:
`
`TM-CT@cantorcolburn.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Nov. 04, 2021
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Proceeding
`Number
`
`88888
`
`Nov. 04, 2021
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Nov. 04, 2021
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Nov. 04, 2021
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Nov. 04, 2021
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Jul. 27, 2016
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Jul. 27, 2016
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Sep. 23, 2013
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`Sep. 23, 2013
`
`REGISTERED AND RENEWED (FOURTH RENEWAL - 10 YRS)
`
`Sep. 23, 2013
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Sep. 20, 2013
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`Sep. 20, 2013
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Apr. 20, 2009
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Oct. 10, 2008
`
`CASE FILE IN TICRS
`
`Aug. 11, 2008
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Aug. 11, 2008
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Aug. 01, 2008
`
`NOTICE OF DESIGN SEARCH CODE MAILED
`
`May 16, 2007
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 07, 2003
`
`REGISTERED AND RENEWED (THIRD RENEWAL - 10 YRS)
`
`Aug. 07, 2003
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Jun. 03, 2003
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`Jun. 03, 2003
`
`PAPER RECEIVED
`
`Jun. 06, 2003
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Jan. 10, 1994
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
`
`66607
`
`66607
`
`66607
`
`88888
`
`

`

`Nov. 03, 1993
`
`REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8
`
`Nov. 17, 1973
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 20 YRS)
`TM Staff and Location Information
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Sep. 23, 2013
`
`Assignment Abstract Of Title Information
`
`TM Staff Information - None
`
`File Location
`
`Summary
`
`Total Assignments: 1
`
`Assignment 1 of 1
`
`Registrant: SERTA ASSOCIATES, INC.
`
` 
`
`Conveyance: CHANGE OF NAME 19730122
`
`Reel/Frame: 0240/0158
`
`Date Recorded: Aug. 06, 1973
`
`Supporting
`Documents:
`
`No Supporting Documents Available
`
`Pages: 3
`
`Name: SERTA ASSOCIATES, INC.
`
`Execution Date: Jul. 17, 1973
`
`Assignor
`
`Legal Entity Type: UNKNOWN
`
`Name: SERTA, INC.
`
`Legal Entity Type: UNKNOWN
`
`Address: No Assignee Address Found
`
`Correspondent
`Name:
`
`NEUMAN, WILLIAMS, ET AL.
`
`Correspondent
`Address:
`
`77 WEST WASHINGTON ST.
`CHICAGO, IL 60602
`
`State or Country
`Where Organized:
`
`Assignee
`
`No Place Where Organized Found
`
`State or Country
`Where Organized:
`
`No Place Where Organized Found
`
`Correspondent
`
`Domestic Representative - Not Found
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT C
`EXHIBIT C
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Generated on: This page was generated by TSDR on 2022-10-06 13:26:00 EDT
`
`Mark: SERTA
`
`US Serial Number: 73262985
`
`US Registration
`Number:
`
`1180198
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`May 20, 1980
`
`Registration Date: Dec. 01, 1981
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Mar. 30, 2022
`
`Publication Date:Sep. 08, 1981
` 
`
`Mark Literal
`Elements:
`
`SERTA
`
`Standard Character
`Claim:
`
`No
`
`Mark Information
`
`Mark Drawing
`Type:
`
`1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
`
`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: Furniture Convertible into Beds
`
`International
`Class(es):
`
`020 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 032
`
`First Use: Jan. 01, 1942
`
`Use in Commerce: Jan. 01, 1942
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`

`

`Current Owner(s) Information
`
`Owner Name: SERTA, INC.
`
`Owner Address: 2451 Industry Avenue
`Doraville, GEORGIA UNITED STATES 30360
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Michelle P. Ciotola
`
`Docket Number: SS30095TUS
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`TM-CT@cantorcolburn.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Michelle P. Ciotola
`Cantor Colburn LLP
`20 Church Street
`22nd Floor
`Hartford, CONNECTICUT UNITED STATES 06103
`
`Phone: 860-286-2929
`
`Fax: 860-286-0115
`
`Correspondent e-
`mail:
`
`TM-CT@cantorcolburn.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Mar. 30, 2022
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`Mar. 30, 2022
`
`REGISTERED AND RENEWED (THIRD RENEWAL - 10 YRS)
`
`Mar. 30, 2022
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Mar. 29, 2022
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Nov. 30, 2021
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Nov. 04, 2021
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Nov. 04, 2021
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Nov. 04, 2021
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Nov. 04, 2021
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Nov. 04, 2021
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Dec. 01, 2020
`
`COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
`
`Jul. 27, 2016
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Jul. 27, 2016
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Jan. 10, 2012
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
`
`Jan. 10, 2012
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Jan. 10, 2012
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Dec. 06, 2011
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Apr. 20, 2009
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 11, 2008
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Aug. 11, 2008
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Mar. 20, 2008
`
`CASE FILE IN TICRS
`
`May 16, 2007
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Jun. 06, 2003
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 10, 2002
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`Aug. 10, 2002
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`May 28, 2002
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`May 25, 1988
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Dec. 01, 1987
`
`REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
`
`Dec. 01, 1981
`
`REGISTERED-PRINCIPAL REGISTER
`
`Proceeding
`Number
`
`67723
`
`67723
`
`67723
`
`88888
`
`77315
`
`77315
`
`77315
`
`88888
`
`

`

`Sep. 08, 1981
`
`PUBLISHED FOR OPPOSITION
`
`Sep. 08, 1981
`
`PUBLISHED FOR OPPOSITION
`TM Staff and Location Information
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Mar. 30, 2022
`
`TM Staff Information - None
`
`File Location
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT D
`EXHIBIT D
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Generated on: This page was generated by TSDR on 2022-10-06 13:28:30 EDT
`
`Mark: SERTA
`
`US Serial Number: 74456825
`
`US Registration
`Number:
`
`1864743
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Nov. 10, 1993
`
`Registration Date: Nov. 29, 1994
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Oct. 20, 2014
`
`Publication Date:Sep. 06, 1994
` 
`
`Mark Literal
`Elements:
`
`SERTA
`
`Standard Character
`Claim:
`
`No
`
`Mark Information
`
`Mark Drawing
`Type:
`
`Design Search
`Code(s):
`
`3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
`
`26.03.01 - Ovals as carriers and single line borders
`
`Related Properties Information
`
`Claimed Ownership
`of US
`Registrations:
`
`0582463, 0582464, 1077894, 1180198 and others
`
`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: mattresses and mattress foundations
`
`International
`Class(es):
`
`020 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jul. 1993
`
`U.S Class(es): 032
`
`Use in Commerce: Jul. 1993
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Currently Use: Yes
`
`

`

`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Serta, Inc.
`
`Owner Address: 2451 Industry Avenue
`Doraville, GEORGIA UNITED STATES 30360
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Michelle P. Ciotola
`
`Docket Number: SS30102TUS
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`TM-CT@cantorcolburn.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Michelle P. Ciotola
`Cantor Colburn LLP
`20 Church Street
`22nd Floor
`Hartford, CONNECTICUT UNITED STATES 06103
`
`Phone: 860-286-2929
`
`Fax: 860-286-0115
`
`Correspondent e-
`mail:
`
`TM-CT@cantorcolburn.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Nov. 04, 2021
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Nov. 04, 2021
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Nov. 04, 2021
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Nov. 04, 2021
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Nov. 04, 2021
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Jul. 27, 2016
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Jul. 27, 2016
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Oct. 20, 2014
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`Oct. 20, 2014
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
`
`Oct. 20, 2014
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Oct. 17, 2014
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Apr. 20, 2009
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 11, 2008
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Aug. 11, 2008
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Jun. 17, 2008
`
`NOTICE OF SUIT
`
`Jul. 16, 2007
`
`CASE FILE IN TICRS
`
`May 16, 2007
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 07, 2004
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`Aug. 07, 2004
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Jun. 04, 2004
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`Jun. 04, 2004
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Jun. 06, 2003
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Nov. 28, 2000
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Proceeding
`Number
`
`88888
`
`75461
`
`75461
`
`88888
`
`

`

`Aug. 28, 2000
`
`REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
`
`Nov. 29, 1994
`
`REGISTERED-PRINCIPAL REGISTER
`
`Sep. 06, 1994
`
`PUBLISHED FOR OPPOSITION
`
`Aug. 05, 1994
`
`NOTICE OF P