Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1242193
`10/17/2022
`
`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
`Granted to date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Docket no.
`
`YFood Labs GmbH
`10/16/2022
`
`LANDWEHRSTRAÃ#E 60-62
`MÃ#NCHEN, 80336
`GERMANY
`
`B. ANNA MCCOY
`MCCOY RUSSELL LLP
`1410 NW JOHNSON STREET
`SUITE 201
`PORTLAND, OR 97209
`UNITED STATES
`Primary email: Anna@mccrus.com
`Secondary email(s): Schmid@mccrus.com, Penfield@mccrus.com, Jen-
`kins@mccrus.com
`9712718020
`LSG22201
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`90239031
`10/17/2022
`
`Publication date
`Opposition period
`ends
`
`04/19/2022
`10/16/2022
`
`Food Over Drugs LLC
`8023 BEVERLY BLVD. SUITE 1, #1526
`LOS ANGELES, CA 90048
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: dietary supplements; nutritional supple-
`ments; dietary and nutritional supplements in the form of herbal capsules, teas,extracts and tinctures;
`and dried medicinal herbs for use as herbal teas
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`Other
`
`Trademark Act Section 2(d)
`Common-Law Basis
`
`Marks cited by opposer as basis for opposition
`
`

`

`U.S. application
`no.
`Registration date
`
`97383025
`
`NONE
`
`Application date
`
`04/26/2022
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`THIS IS FOOD
`
`NONE
`
`Class 029. First use: First Use: None First Use In Commerce: None
`Fruit-based meal replacement bars; Nut-based meal replacement bars; Yoghurt
`beverages being meal substitutes; Milk beverages for use as a meal replace-
`ment; Drinks made from dairy products; Meat, fish, poultry and game; Meat ex-
`tracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams,
`compotes; Eggs; Marmelade; Milk and milk products; Edible oils and fats; Liquid
`foodstuffs based on one or more of the following products: meat, fish, poultry,
`game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables,
`jellies, jams, compotes, eggs, milk and milk products, edible oils and fats;
`Powdered foodstuffs based on one or more of the following products: meat, fish,
`poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and
`vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and
`fats; Foodstuffs in tablet form based on one or more of the following products:
`meat, fish,poultry and game, meat extracts, preserved, frozen, dried and cooked
`fruits andvegetables, jellies, jams, compotes, eggs, milk and milk products, ed-
`ible oils and fats; Frozen food based on one or more of the following products:
`meat, fish, poultry and game, meat extracts, preserved, frozen, dried and
`cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk
`products, edible oilsand fats; Ready meals based predominantly on one or more
`of the following products: meat, fish, poultry, game, meat extracts, preserved,
`frozen, dried and cooked fruits and vegetables, jellies, jams,compotes, eggs,
`milk, milk products andoils and fats for food; Broth and soups; Preparations for
`making soup; Meat substitutes; Rice milk; Soya milk; Almond milk; Coconut milk;
`Fruit salads, vegetable salads and raw food salads; Tofu; Fat-containing mix-
`tures for bread slices; Nut-based spreads; Vegetable pate; Vegetable-based
`spreads; Spreads consisting mainly of fruits; Spreads consisting mainly of eggs;
`Hawthorn flakes; Peach flakes; Kiwifruit flakes; Fruit mixtures; Roasted nuts;
`Preserved nuts; Preserved nuts; Salted nuts; Shelled nuts; Edible nuts; Spiced
`nuts; Dried nuts; Nuts, prepared; Edible seeds; Potato chips; Soya-based food-
`stuffs, namely, soya-based bars being meal replacements
`Class 030. First use: First Use: None First Use In Commerce: None
`Cereal bars being meal replacements; Cereal-based meal replacement bars;
`Chocolate-based meal replacement bars; Chocolate-based beverages being
`meal replacements; Cereal-based bars being meal replacements; Wheat-based
`bars being meal replacements; Chocolate-coated bars being meal replace-
`ments; Muesli bars being meal replacements; Bars consisting predominantly of
`cereal products containing fruit ingredients and/or milk ingredients and/or nuts
`(fruits) being meal replacements;Oat bars being meal replacements; Meal re-
`placement bars for boosting energy; Energy bars containing fruit ingredients
`and/or milk ingredients, nuts (fruits) and/or cereal products, being meal replace-
`ments; Meal replacement protein bars; Balls of dried fruit (snack balls); Ice
`cream; Cocoa-based beverages being meal replacements; Coffee, tea, cocoa
`and artificial coffee; Rice; Tapioca and sago; Flour and preparations made from
`bread, pastry, cereals and confectionery; Porridge; Muesli; Edible ices; Sugar,
`honey, treacle; Yeast, baking-powder; Salt; Mustard; Vinegar, sauces
`(condiments); Spices; Ice for refreshment; Cereal products; Bakery goods;
`Ready-made baking mixtures; Confections; Confectionery; Sandwiches; Sa-
`voury biscuits; Pizzas; Pancakes; Biscuits; Cakes; Rusks; Sweetmeats (candy);
`Chocolate; Popcorn; Pastries; Coffee-based beverages; Tea-based beverages;
`
`

`

`MATCHA TEA; Foodstuffs and/or beverages andenriched foodstuffs and/or
`beverages based on one or more of the following foodstuffs: coffee, tea, cocoa
`and artificial coffee, rice, tapioca and sago, flour and preparations made from
`cereals, bread, pastries and confectionery, edible ices, sugar, honey, treacle,
`yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, ice
`(frozen water), cereal products, baked goods, sugar confectionery, pizzas, pan-
`cakes, biscuits,cakes, rusks and sweets; Foodstuffs and/or beverages and en-
`riched foodstuffs and/or beverages based on one or more of the following food-
`stuffs: chocolate, in particular in raw or processed form and in liquid, solid or
`powder form; Oat-based foodstuffs, rice-based foodstuffs; Wheat-based food-
`stuffs; Meal substitutes based on one or more of the following products: coffee,
`tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations
`made from cereals, bread,pastries and confectionery, edible ices, sugar, honey,
`treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments),
`spices, ice, cereal preparations, baked goods, sugar confectionery, pizza, pan-
`cakes, biscuits, cakes, rusks,sweets, chocolate, in particular in liquid, solid or
`powder form; Enriched foodstuffs based on one or more of the following
`products: coffee, tea, cocoa and artificial coffee, rice, tapioca and sago,flour and
`preparations made from cereals, bread, pastries and confectionery, edible ices,
`sugar, honey, treacle, yeast,baking-powder, salt, mustard, vinegar, sauces
`(condiments), spices, ice, cerealpreparations, baked goods, sugar confection-
`ery, pizza, pancakes, biscuits, cakes, rusks, sweets, chocolate, in particular be-
`ing fruit-flavoured; Ready meals based on one or more of the following food-
`stuffs: coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and
`preparations made from cereals, bread, pastries and confectionery, edible ices,
`sugar, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces
`(condiments), spices, ice, cereal preparations, baked goods, sugar confection-
`ery, pizza, pancakes, biscuits, cakes, rusks, sweets, chocolate, including in par-
`ticular in frozen form; Noodles; Instant noodle; Chocolate-based spreads; Sweet
`spreads (honey); Mayonnaise-based spreads;Chocolate spreads containing
`nuts; Pastes
`Class 032. First use: First Use: None First Use In Commerce: None
`Non-alcoholic beverages being meal replacements; Beer; Mineral and aerated
`waters and other non-alcoholic beverages; Fruit beverages and fruit juices; Syr-
`ups and other preparations for making beverages; Concentrates and/or powders
`used formaking beverages; Concentrates and/or powders used for making en-
`riched beverages; fortified beverages; Beverages containing vitamins; Sports
`drinks; Energy Drinks; Lemonades; Smoothies; Beverages based on fruit or ve-
`getables; Fruit nectars; Soda water; Protein water; Non-alcoholic aperitifs; Non-
`alcoholic beverages based on plant products; Protein water; Non-alcoholic ve-
`gan beverages
`
`U.S. application
`no.
`Registration date
`
`97383024
`
`NONE
`
`Word mark
`
`THIS IS FOOD
`
`Application date
`
`04/26/2022
`
`Foreign priority
`date
`
`03/22/2022
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`The mark consists of the words "THIS ISFOOD".
`
`Class 029. First use: First Use: None First Use In Commerce: None
`Fruit-based meal replacement bars; Nut-based meal replacement bars; Yoghurt
`beverages being meal substitutes; Milk beverages for use as a meal replace-
`ment; Drinks made from dairy products; Meat, fish, poultry and game; Meat ex-
`tracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams,
`compotes; Eggs; Marmelade; Milk and milk products; Edible oils and fats; Liquid
`foodstuffs based on one or more of the following products: meat, fish, poultry,
`game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables,
`jellies, jams, compotes, eggs, milk and milk products, edible oils and fats;
`Powdered foodstuffs based on one or more of the following products: meat, fish,
`poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and
`vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and
`fats; Foodstuffs in tablet form based on one or more of the following products:
`meat, fish,poultry and game, meat extracts, preserved, frozen, dried and cooked
`fruits andvegetables, jellies, jams, compotes, eggs, milk and milk products, ed-
`ible oils and fats; Frozen food based on one or more of the following products:
`meat, fish, poultry and game, meat extracts, preserved, frozen, dried and
`cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk
`products, edible oilsand fats; Ready meals based predominantly on one or more
`of the following products: meat, fish, poultry, game, meat extracts, preserved,
`frozen, dried and cooked fruits and vegetables, jellies, jams,compotes, eggs,
`milk, milk products andoils and fats for food; Broth and soups; Preparations for
`making soup; Meat substitutes; Rice milk; Soya milk; Almond milk; Coconut milk;
`Fruit salads, vegetable salads and raw food salads; Tofu; Fat-containing mix-
`tures for bread slices; Nut-based spreads; Vegetable pate; Vegetable-based
`spreads; Spreads consisting mainly of fruits; Spreads consisting mainly of eggs;
`Hawthorn flakes; Peach flakes; Kiwifruit flakes; Fruit mixtures; Roasted nuts;
`Preserved nuts; Preserved nuts; Salted nuts; Shelled nuts; Edible nuts; Spiced
`nuts; Dried nuts; Nuts, prepared; Edible seeds; Potato chips; Soya-based food-
`stuffs, namely, soya-based bars being meal replacements
`Class 030. First use: First Use: None First Use In Commerce: None
`Cereal bars being meal replacements; Cereal-based meal replacement bars;
`Chocolate-based meal replacement bars; Chocolate-based beverages being
`
`

`

`meal replacements; Cereal-based bars being meal replacements; Wheat-based
`bars being meal replacements; Chocolate-coated bars being meal replace-
`ments; Muesli bars being meal replacements; Bars consisting predominantly of
`cereal products containing fruit ingredients and/or milk ingredients and/or nuts
`(fruits) being meal replacements;Oat bars being meal replacements; Meal re-
`placement bars for boosting energy; Energy bars containing fruit ingredients
`and/or milk ingredients, nuts (fruits) and/or cereal products, being meal replace-
`ments; Meal replacement protein bars; Balls of dried fruit (snack balls); Ice
`cream; Cocoa-based beverages being meal replacements; Coffee, tea, cocoa
`and artificial coffee; Rice; Tapioca and sago; Flour and preparations made from
`bread, pastry, cereals and confectionery; Porridge; Muesli; Edible ices; Sugar,
`honey, treacle; Yeast, baking-powder; Salt; Mustard; Vinegar, sauces
`(condiments); Spices; Ice for refreshment; Cereal products; Bakery goods;
`Ready-made baking mixtures; Confections; Confectionery; Sandwiches; Savory
`biscuits; Pizzas; Pancakes; Biscuits; Cakes; Rusks; Sweetmeats
`(candy);Chocolate; Popcorn; Pastries; Coffee-based beverages; Tea-based
`beverages; MATCHA TEA; Foodstuffs and/or beverages and enriched foodstuffs
`and/or beverages based on one or more of the following foodstuffs: coffee, tea,
`cocoa and artificialcoffee, rice, tapioca and sago, flour and preparations made
`from cereals, bread, pastries and confectionery, edible ices, sugar, honey,
`treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments),
`spices, ice (frozen water),cereal products, baked goods, sugar confectionery,
`pizzas, pancakes, biscuits, cakes, rusks and sweets; Foodstuffs and/or bever-
`ages and enriched foodstuffs and/or beverages based on one or more of the fol-
`lowing foodstuffs: chocolate, in particular in raw or processed form and inliquid,
`solid or powder form; Oat-basedfoodstuffs, rice-based foodstuffs; Wheat-based
`foodstuffs; Meal substitutes based on one or more of the following products: cof-
`fee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour andpreparations
`made from cereals, bread, pastries and confectionery, edible ices,sugar, honey,
`treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments),
`spices, ice, cereal preparations, baked goods, sugar confectionery, pizza, pan-
`cakes, biscuits, cakes, rusks, sweets, chocolate, in particular in liquid, solid or
`powder form; Enriched foodstuffs based on one or more of the following
`products: coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour
`and preparations made from cereals, bread, pastries and confectionery, edible
`ices, sugar, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces
`(condiments), spices, ice, cereal preparations, baked goods, sugar confection-
`ery, pizza, pancakes, biscuits, cakes, rusks, sweets, chocolate, in particular be-
`ing fruit-flavored; Ready meals based on one or more of the following foodstuffs:
`coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and prepara-
`tions made from cereals, bread,pastries and confectionery, edible ices, sugar,
`honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces
`(condiments), spices, ice, cereal preparations, baked goods, sugar confection-
`ery, pizza, pancakes, biscuits, cakes, rusks,sweets, chocolate, including in par-
`ticular in frozen form; Noodles; Instant noodle; Chocolate-based spreads; Sweet
`spreads (honey); Mayonnaise-based spreads; Chocolate spreads containing
`nuts; Pastess
`Class 032. First use: First Use: None First Use In Commerce: None
`Non-alcoholic beverages being meal replacements; Beer; Mineral and aerated
`waters and other non-alcoholic beverages; Fruit beverages and fruit juices; Syr-
`ups and other preparations for making beverages; Concentrates and/or powders
`used formaking beverages; Concentrates and/or powders used for making en-
`riched beverages; fortified beverages; Beverages containing vitamins; Sports
`drinks; Energy Drinks; Lemonades; Smoothies; Beverages based on fruit or ve-
`getables; Fruit nectars; Soda water; Protein water; Non-alcoholic aperitifs; Non-
`alcoholic beverages based on plant products; Protein water; Non-alcoholic ve-
`gan beverages
`
`

`

`Attachments
`
`97383024#TMSN.png( bytes )
`Notice of Opposition THIS IS FOOD Ser. No. 90239031.pdf(115357 bytes )
`
`Signature
`Name
`Date
`
`/B. Anna McCoy/
`B. Anna McCoy
`10/17/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`Applicant.
`
`
`
`
`
`Serial No. 90/239,031
`
`Opposition No. ______________
`
`
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`YFood Labs GmbH,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`Food Over Drugs LLC
`
`
`
`
`
`
`
`
`
`Commissioner for Trademarks
`Trademark Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`NOTICE OF OPPOSITION
`
`
`
`
`In the matter of the application filed by Food Over Drugs LLC (hereinafter referred to as “Applicant”) for
`
`registration of the THIS IS FOOD (Serial No. 90/239,031) mark in International Class 05, which was published for
`
`opposition in the Official Gazette on April 19, 2022 (“Applicant’s Mark”), YFood Labs GmbH (“Opposer”), a
`
`limited liability company organized under the laws of the Federal Republic of Germany, believes that it will be
`
`damaged by registration of the mark shown in Serial No. 90/239,031, and hereby opposes registration. This Notice
`
`of Opposition is timely filed as an extension was filed on May 16, 2022, and a further extension was filed on June
`
`16, 2022, and a final extension was filed on August 16, 2022.
`
`
`
`The grounds for opposition are as follows:
`
`1.
`
`Opposer is a German limited liability company, doing business as YFood Labs
`
`GmbH, organized under the laws of The Federal Republic of Germany, with its principal place of
`
`business at Landwehrstrasse 60-62, München, Germany, 80336.
`
`2.
`
`Opposer has been, and continues to be, engaged in the business of designing
`
`nutritionally balanced smart food solutions including convenient and health-conscious drinks, drink
`
`powders, and nutrition bars.
`
`Page 1 of 4 - Notice of Opposition - App. No. 90/239,031
`
`

`

`3.
`
`Since at least as early as 2018, Opposer has continuously used marks utilizing the
`
`wording THIS IS FOOD internationally in connection with meal-replacement products, including
`
`THIS IS FOOD and
`
` (the “THIS IS FOOD Marks”). Opposer further has utilized variations,
`
`such as THIS IS yFOOD.
`
`4.
`
`Since at least as early as October 2019, Opposer has owned and operated the
`
`yfood.us website domain name, which promotes THIS IS FOOD-branded products in the United
`
`States.
`
`5.
`
`Since at least as early as August 2020, Opposer has conducted marketing and
`
`promotional efforts, including newsletters and online ads on Facebook and Instagram, related to
`
`THIS IS FOOD-branded products in the United States.
`
`6.
`
`Opposer has common law rights for the THIS IS FOOD Marks as well as pending
`
`applications in the U.S. for THIS IS FOOD, including the following:
`
`The THIS IS FOOD Marks
`
`Mark
`
`THIS IS FOOD
`
`
`
`Application
`Number
`Ser. No.
`97383025
`Ser. No.
`97383024
`
`
`
`
`
`Application/Registration Date
`
`Country
`
`Applied: April 26, 2022
`
`United States
`
`International
`Classes
`29, 30, 32
`
`Applied: April 26, 2022
`
`United States
`
`29, 30, 32
`
`7.
`
`Opposer has used, and continues to use, the THIS IS FOOD Marks in connection
`
`with its goods, and through significant advertising and promotional efforts, Opposer has garnered
`
`popularity and recognition within the food and beverage industry.
`
`8.
`
`The use of Opposer’s THIS IS FOOD Marks has been valid and continuous over
`
`the years, and Opposer has at no point abandoned use of the THIS IS FOOD Marks. Opposer’s
`
`marks are symbolic of extensive goodwill and consumer recognition, which Opposer has diligently
`
`built through substantial expenditures in time and effort towards advertising and promotion.
`
`Page 2 of 4 - Notice of Opposition - App. No. 90/239,031
`
`

`

`Opposer’s THIS IS FOOD Marks identify and distinguish Opposer’s goods from the goods of
`
`others, and identify the source and origin thereof to the public.
`
`9.
`
`Applicant filed an application to register the THIS IS FOOD mark (Ser. No.
`
`90/239,031) as shown in the chart below. The application was filed on a Section 1(b) intent-to-use
`
`basis under the Trademark Act.
`
`10.
`
`Applicant has chosen a filing basis that obviates the necessity of providing
`
`evidence of actual use of the mark in association with the any of the identified goods at this time.
`
`The application was ultimately published in the Trademark Official Gazette on April 19, 2022 for
`
`the goods listed below in International Classes 05.
`
`Mark
`
`THIS IS FOOD
`
`Class / Goods
`App. No. / Filing Date/Publication Date
`Class 05: dietary supplements; nutritional
`90/239,031
`supplements; dietary and nutritional
`
`supplements in the form of herbal capsules,
`October 07, 2020
`teas, extracts and tinctures; and dried
`
`medicinal herbs for use as herbal teas
`April 19, 2022
`Applicant’s filing date for the above application is subsequent to Opposer’s first
`
`11.
`
`introduction of the THIS IS FOOD Marks to the U.S. market.
`
`12.
`
`Applicant’s recited goods, which include dietary and nutritional teas, and dried
`
`medicinal herbs for use as herbal teas, feature numerous products that are purportedly closely
`
`related to the tea, matcha tea, and tea-based beverages listed in Opposer’s U.S. applications in Class
`
`30, and consumers are accordingly likely to be confused as to the source of those products.
`
`13.
`
`Applicant’s trade channels and consumer audience are likely to be similar to and/or
`
`overlapping with the trade channels and consumer audience for products sold and/or provided under
`
`Opposer’s THIS IS FOOD Marks.
`
`14.
`
`Applicant’s Mark, when used in connection with the goods set forth in its
`
`application, is confusingly similar to Opposer’s THIS IS FOOD Marks. Consumers will likely be
`
`misled as to the source of teas offered by Applicant under Applicant’s Mark due to Opposer’s
`
`Page 3 of 4 - Notice of Opposition - App. No. 90/239,031
`
`

`

`senior common law use in the U.S. and the international registrations of the THIS IS FOOD Marks
`
`for related medicinal, dietary, and nutritional supplement products in Classes 05 and 30.
`
`15.
`
`Registration of Applicant’s Mark in the U.S. for the goods listed is likely to cause
`
`confusion, mistake, and deception among consumers. Registration of Applicant’s Mark may
`
`damage the goodwill and consumer recognition that Opposer has built in its THIS IS FOOD Marks
`
`over years of continuous use in commerce.
`
`
`
`
`
`WHEREFORE, Opposer believes that it will be damaged by registration of Applicant's Mark, and prays
`
`that registration be denied.
`
`
`
`
`
`Opposer authorizes the Commissioner for Trademarks to charge the fee for filing this Notice of Opposition,
`
`or any other additional fees that may be due, to Deposit Account 601570.
`
`
`
`
`
`
`
`
`
`DATED this 17th day of October, 2022.
`
`
`
`
`
`Respectfully submitted,
`
`McCoy Russell LLP
`
`
`
`__________________________________
`B. Anna McCoy
`Oregon Bar Member, OR Bar Num. 003165
`(member in good standing)
`Attorney for Opposer
`1410 NW Johnson, Suite 201
`Portland, Oregon 97209
`Telephone: (971) 271-8020
`Facsimile: (971) 271-8021
`Email: Anna@mccrus.com
`
`Page 4 of 4 - Notice of Opposition - App. No. 90/239,031
`
`