Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1255948
`12/22/2022
`
`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.
`
`Bombas LLC
`01/04/2023
`
`881 BROADWAY, 2ND FLOOR
`NEW YORK, NY 10003
`UNITED STATES
`
`KIMBERLY MAYNARD
`FRANKFURT KURNIT KLEIN & SELZ PC
`28 LIBERTY STREET
`NEW YORK, NY 10005
`UNITED STATES
`Primary email: pto@fkks.com
`Secondary email(s): kmaynard@fkks.com, fcampione@fkks.com
`212-980-0120
`023452.1200
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`90277911
`12/22/2022
`
`Publication date
`Opposition period
`ends
`
`09/06/2022
`01/04/2023
`
`Hekatec. Co., Ltd.
`300, WIRYEGWANGJANG-RO, SUJEONG-GU
`SEONGNAM, GYEONGGI-DO, 13640
`KOREA, REPUBLIC OF
`Goods/services affected by opposition
`
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Money belts; footwear; training shoes;
`sports wear, namely, sports pants, sports shorts, and sports jackets; training suits; trekking trousers;
`trekking jackets; clothing, namely, sweaters, shirts, and dress; uniforms; jackets; outer clothing,
`namely, jackets, and coats; skirts; pants; waterproof pants; tee-shirts; undergarments; leggings;
`socks; headwear; belts
`Class 028. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Physical exercise apparatus, other than for
`medical use; machines for physical exercises; manually operated exercise equipment; balls for
`sports; nets for sports; exercise bars; protective padding for playing sports, namely, skateboarding,
`and snowboarding; waist protectors for athletic use; body-training apparatus; dumb-bells; rackets;
`wrist and ankle weights for exercise; jump ropes; gym balls; soccer balls; gymnastic apparatus and
`sporting articles in the nature of spring boards, golf ball dispensers, and sleds being sports articles
`
`

`

`Class 035. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Advertising and promotional services; ad-
`vertising via the Internet; price comparison services; business management services relating to fran-
`chising; business advice and consultancy relating to franchising; promoting the goods and services of
`others by means of operating an on-line comprehensive shopping mall; business intermediary ser-
`vices relating to mail order by telecommunications, namely, advertising by mail order; retail store ser-
`vices featuring massaging apparatus for personal use; retail store services featuring foot massagers;
`retail store services featuring massage oil; retail store services featuring glasses for sports; retail
`store services featuring watches for sporting use; retail store services featuring electric massage ap-
`paratus for household use; retail store services featuring electric esthetic massage apparatus; retail
`store services featuring massage apparatus; retail store services featuring sports wear; retail store
`services featuring clothing; retail store services featuring training wear; retail store services featuring
`athletic uniforms; retail store services featuring physical exercise apparatus, other than for medical
`use; retail store services featuring balls for sports; retail store services featuring exercise mats; retail
`store services featuring exercise platforms; retail store services featuring gymnastic and sporting art-
`icles; retail store services featuring tee-shirts; retail store services featuring jackets; retail store ser-
`vices featuring undergarments; retail store services featuring socks; retail store services featuring
`gloves as clothing; retail store services featuring headwear; retail store services featuring belts for
`clothing; retail store services featuring waterproof pants; retail store services featuring training shoes
`
`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
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`5704333
`
`Principal
`03/19/2019
`
`HEX TEC
`
`Application date
`
`10/26/2017
`
`Foreign priority
`date
`
`NONE
`
`The mark consists of the stylized words "HEX TEC" separated by a solid
`hexagon shape.
`Class 025. First use: First Use: Feb 13, 2018 First Use In Commerce: Feb 13,
`2018
`Apparel, namely, socks [ t-shirts, sweatshirts, pants, shorts, jackets, underwear,
`hats ]
`
`U.S. registration
`no.
`Register
`Registration date
`
`5710807
`
`Principal
`03/26/2019
`
`Word mark
`
`HEX TEC
`
`Application date
`
`10/26/2017
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Feb 13, 2018 First Use In Commerce: Feb 13,
`2018
`Apparel, namely, socks [ t-shirts, sweatshirts, pants, shorts, jackets, underwear,
`hats ]
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`6324251
`
`Principal
`04/13/2021
`
`HEX TEC
`
`Application date
`
`04/22/2019
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Jan 8, 2020 First Use In Commerce: Jan 8, 2020
`Non-athletic slipper socks
`
`6330524
`
`Principal
`04/20/2021
`
`HEX TEC
`
`Application date
`
`04/22/2019
`
`Foreign priority
`date
`
`NONE
`
`The mark consists of the stylized words "HEX TEC" separated by a solid
`hexagon shape.
`Class 025. First use: First Use: Jan 8, 2020 First Use In Commerce: Jan 8, 2020
`non-athletic slipper socks
`
`

`

`Attachments
`
`87661094#TMSN.png( bytes )
`88980596#TMSN.png( bytes )
`Notice of Opposition to HEKATEC.pdf(137878 bytes )
`
`Signature
`Name
`Date
`
`/Kimberly Maynard/
`KIMBERLY MAYNARD
`12/22/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 90/277,911
`For the Mark: HEKATEC
`------------------------------------------------------------ x
`BOMBAS LLC,
`:
`:
`:
`:
`:
`:
`:
`:
`:
`:
`------------------------------------------------------------ x
`
`Opposer,
`
`Applicant.
`
`v.
`
`Opposition No.
`
`HEKATEC. CO., LTD.,
`
`NOTICE OF OPPOSITION
`
`Bombas LLC (“Bombas”), a Delaware limited liability company having a principal place
`
`of business at 881 Broadway, 2nd Floor, New York, New York 10003, believes that it will be
`
`damaged by registration of the subject mark (“Applicant’s Mark”) of Application Serial No.
`
`90/277,911 (the “Challenged Application”), and hereby opposes that application. On
`
`information and belief, the owner of the Challenged Application is Hekatec. Co., Ltd.,
`
`(“Applicant”), a corporation organized under the laws of the Republic of Korea with an address
`
`of 300, Wiryegwangjang-ro, Sujeong-gu, Seongnam, Gyeonggi-do, Republic of Korea 13604.
`
`The grounds for opposition are as follows:
`
`1.
`
`Founded in 2013, Bombas is a comfort-focused premium basics brand whose core
`
`mission is to help those in need by providing them with the most requested clothing items at
`
`homeless shelters – socks, underwear, and t-shirts.
`
`2.
`
`Bombas’ business model was built on a simple premise: for every pair of socks
`
`purchased by a customer, Bombas donates a pair of socks to someone in need.
`
`

`

`3.
`
`Bombas expanded this model to include other clothing items and, since its
`
`inception, has donated more than 75 million pairs of socks and other clothing items.
`
`4.
`
`Bombas’ efforts and success have garnered a great deal of attention in the press,
`
`with the company and its business model being featured in various publications and news media,
`
`including The Wall Street Journal, Fast Company, CNN, Business Insider, The Daily Mail, and
`
`The Washington Post.
`
`5.
`
`Since at least as early as February 13, 2018, Bombas has used its trademarks HEX
`
`TEC and HEX TEC & Design (the “HEX TEC Marks”) in U.S. interstate commerce for socks.
`
`6.
`
`Bombas owns the following federal trademark registrations for the HEX TEC
`
`Marks:
`
`Mark
`
`Reg. No./
`App. No
`
`5,704,333
`
`Goods
`
`Status and Priority Date
`
`Class 25: Apparel, namely,
`socks
`
`Registered March 19, 2019
`Priority as of October 26, 2017
`
`HEX TEC
`
`5,710,807
`
`Class 25: Apparel, namely,
`socks
`
`Registered March 26, 2019
`Priority as of October 26, 2017
`
`HEX TEC
`
`6,324,251
`
`Class 25: Non-athletic
`slipper socks
`
`Registered April 13, 2021
`Priority as of April 22, 2019
`
`6,330,524
`
`Class 25: Non-athletic
`slipper socks
`
`Registered April 20, 2021
`Priority as of April 22, 2019
`
`Printouts of the TSDR Database records for the foregoing registrations (the “HEX TEC
`
`Registrations”) are annexed hereto as Exhibit A.
`
`7.
`
`The HEX TEC Registrations are valid and subsisting.
`
`2
`
`

`

`8.
`
`The HEX TEC Registrations constitute prima facie evidence of the validity of the
`
`subject marks thereof, the registrations therefor, and of Bombas’ exclusive right to use that mark
`
`in connection with the goods set forth in those registrations.
`
`9.
`
`By virtue of its use of the HEX TEC Marks in U.S. interstate commerce for socks
`
`since at least as early as February 13, 2018, Bombas owns common law rights in the HEX TEC
`
`Marks.
`
`10.
`
`Since its adoption and first use of the HEX TEC Marks, Bombas has devoted and
`
`continues to devote substantial time, money and effort in promoting the HEX TEC Marks to
`
`identify Bombas as the source of its goods.
`
`11.
`
`By virtue of Bombas’ longstanding use, substantial sales and advertising
`
`expenditures, as well as unsolicited media attention, the HEX TEC Marks have developed
`
`substantial and valuable goodwill that belongs exclusively to Bombas.
`
`12.
`
`On October 26, 2020, Applicant filed the Challenged Application based on intent
`
`to use Applicant’s Mark in connection with the following goods and services (“Applicant’s
`
`Goods”):
`
`a.
`
` “Money belts; footwear; training shoes; sports wear, namely, sports pants,
`
`sports shorts, and sports jackets; training suits; trekking trousers; trekking
`
`jackets; clothing, namely, sweaters, shirts, and dress; uniforms; jackets; outer
`
`clothing, namely, jackets, and coats; skirts; pants; waterproof pants; tee-shirts;
`
`undergarments; leggings; socks; headwear; belts” in in International Class 25;
`
`b. “Physical exercise apparatus, other than for medical use; machines for
`
`physical exercises; manually operated exercise equipment; balls for sports;
`
`nets for sports; exercise bars; protective padding for playing sports; waist
`
`3
`
`

`

`protectors for athletic use; body-training apparatus; dumb-bells; rackets; wrist
`
`and ankle weights for exercise; jump ropes; gym balls; soccer balls; gymnastic
`
`and sporting articles” in International Class 28; and
`
`c. “Advertising and promotional services; advertising via the Internet; price
`
`comparison services; business management services relating to franchising;
`
`business advice and consultancy relating to franchising; promoting the goods
`
`and services by means of operating an on-line comprehensive shopping mall;
`
`business intermediary services relating to mail order by telecommunications;
`
`retail store services featuring massaging apparatus for personal use; retail
`
`store services featuring foot massagers; retail store services featuring massage
`
`oil; retail store services featuring all-purpose athletic bags; retail store services
`
`featuring glasses for sports; retail store services featuring watches for sporting
`
`use; retail store services featuring electric massage apparatus for household
`
`use; retail store services featuring electric esthetic massage apparatus; retail
`
`store services featuring massage apparatus; retail store services featuring
`
`sports wear; retail store services featuring clothing; retail store services
`
`featuring training wear; retail store services featuring athletic uniforms; retail
`
`store services featuring physical exercise apparatus, other than for medical
`
`use; retail store services featuring balls for sports; retail store services
`
`featuring exercise mats; retail store services featuring exercise platforms;
`
`retail store services featuring gymnastic and sporting articles; retail store
`
`services featuring tee-shirts; retail store services featuring jackets; retail store
`
`services featuring undergarments; retail store services featuring socks; retail
`
`4
`
`

`

`store services featuring gloves as clothing; retail store services featuring
`
`headwear; retail store services featuring belts for clothing; retail store services
`
`featuring waterproof pants; retail store services featuring training shoes” in
`
`International Class 35.
`
`13.
`
`Bombas’ rights in and to the HEX TEC Marks are long prior to the filing date of
`
`the Challenged Application.
`
`14.
`
`On information and belief, Bombas’ rights in and to the HEX TEC Marks are
`
`long prior to any common law rights Applicant may have in Applicant’s Mark.
`
`15.
`
`Applicant’s Mark creates the same, or essentially the same, commercial
`
`impression as the HEX TEC Marks and is similar thereto in sight, sound, and meaning.
`
`16.
`
`On information and belief, if Applicant offers Applicant’s Goods, those goods
`
`will be offered through some of the same channels of trade and to the same general class of
`
`purchasers as those through and to which Bombas’ goods sold under the HEX TEC Marks are
`
`offered.
`
`17.
`
`If Applicant offers Applicant’s Goods, Applicant’s Mark will be used in
`
`connection with goods that are the same or substantially similar to goods offered by Bombas
`
`under the HEX TEC Marks so as to create a likelihood of confusion under the circumstances
`
`described herein.
`
`COUNT I
`Likelihood of Confusion
`15 U.S.C. § 1052(d)
`
`18.
`
`Paragraphs 1-17 above are realleged and incorporated herein by reference as if set
`
`forth in full.
`
`19.
`
`Applicant’s Mark so resembles the HEX TEC Marks as to be likely, when used in
`
`5
`
`

`

`connection with Applicant’s Goods, to cause confusion, to cause mistake, or to deceive as to the
`
`affiliation, connection, or association of Applicant and its goods with Bombas, or as to the
`
`origin, sponsorship, or approval of Applicant and its goods by Bombas.
`
`20.
`
`Applicant’s Mark closely resembles the HEX TEC Marks in sight, sound and
`
`commercial impression, including because it incorporates 5 of the 6 total letters in the HEX TEC
`
`Marks, and contains the same or highly similar sounds, “HE” followed by a “K” sound, and
`
`ending with “TEC.”
`
`21. Moreover, Applicant’s Mark will be used in connection with apparel and other
`
`products that are identical or closely related to those products Bombas sells under the HEX TEC
`
`Marks.
`
`22.
`
`Bombas believes that it will be damaged by the registration of Applicant’s Mark
`
`because such registration would support and assist Applicant in the confusing and misleading use
`
`of the designation it seeks to register, and would give color of exclusive statutory rights to
`
`Applicant, in violation and derogation of the prior and superior rights of Bombas.
`
`23.
`
`Applicant’s Mark so resembles the Bombas HEX TEC Marks as to be likely,
`
`when used in connection with the goods set forth in the Challenged Application, to cause
`
`confusion, or to cause mistake, or to deceive under Section 2(d) of the Lanham Act, 15 U.S.C. §
`
`1052(d).
`
`WHEREFORE, Bombas requests that its Opposition be sustained and that the Challenged
`
`Application be refused registration, and that the Trademark Trial and Appeal Board grant such
`
`other relief as it deems just and proper.
`
`Please recognize as attorneys for Bombas in this proceeding Kimberly M. Maynard,
`
`Francesca M. Campione (members of the Bar of the State of New York), and the law firm of
`
`6
`
`

`

`Frankfurt Kurnit Klein & Selz, P.C., 28 Liberty Street, 35th Floor, New York, New York 10005.
`
`Kindly direct all correspondence to the attention of Kimberly M. Maynard and Francesca M.
`
`Campione via e-mail to kmaynard@fkks.com, fcampione@fkks.com, and pto@fkks.com.
`
`Dated: December 22, 2022
`
`
`
`Respectfully Submitted,
`
`FRANKFURT KURNIT KLEIN & SELZ P.C.
`
`By: ____________________
` Kimberly M. Maynard
` Francesca Campione
`28 Liberty Street
`35th Floor
`New York, New York 10005
`Tel: 212.980.0120
`E: kmaynard@fkks.com
` fcampione@fkks.com
`
`Attorneys for Opposer Bombas LLC
`
`7
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`Generated on: This page was generated by TSDR on 2022-12-21 15:55:59 EST
`
`Mark: HEX TEC
`
`US Serial Number: 87661013
`
`US Registration
`Number:
`
`5704333
`
`Filed as TEAS RF: Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Oct. 26, 2017
`
`Registration Date: Mar. 19, 2019
`
`Currently TEAS RF: Yes
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Mar. 19, 2019
`
`Publication Date:Mar. 13, 2018Notice of Allowance Date:May 08, 2018
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`HEX TEC
`
`Standard Character
`Claim:
`
`No
`
`Mark Drawing
`Type:
`
`Description of
`Mark:
`
`3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
`
`The mark consists of the stylized words "HEX TEC" separated by a solid hexagon shape.
`
`Color(s) Claimed: Color is not claimed as a feature of the mark.
`
`Design Search
`Code(s):
`
`26.15.21 - Polygons that are completely or partially shaded
`
`Related Properties Information
`
`1402940
`
`A0074233/1402940
`
`International
`Registration
`Number:
`
`International
`Application(s)
`/Registration(s)
`Based on this
`Property:
`
`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: Apparel, namely, socks [ t-shirts, sweatshirts, pants, shorts, jackets, underwear, hats ]
`
`International 025 - Primary Class
`
`U.S Class(es): 022, 039
`
`

`

`Class(es):
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Feb. 13, 2018
`
`Use in Commerce: Feb. 13, 2018
`
`Basis Information (Case Level)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`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: Bombas LLC
`
`Owner Address: 881 Broadway, 2nd Floor
`New York, NEW YORK UNITED STATES 10003
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Kimberly Maynard
`
`Attorney Primary
`Email Address:
`
`pto@fkks.com
`
`Correspondent
`Name/Address:
`
`Kimberly Maynard
`Frankfurt Kurnit Klein & Selz PC
`28 Liberty Street
`New York, NEW YORK UNITED STATES 10005
`
`Attorney of Record
`
`Docket Number: 023452.1200
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Phone: 212-826-5579
`
`Correspondent e-
`mail:
`
`pto@fkks.com
`
`Fax: 212-593-9175
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Dec. 22, 2021
`Dec. 20, 2021
`Aug. 05, 2021
`May 23, 2020
`May 23, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Sep. 27, 2019
`Aug. 01, 2019
`Aug. 01, 2019
`May 13, 2019
`May 09, 2019
`
`CORRECTION UNDER SECTION 7 – PROCESSED
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`TEAS SECTION 7 REQUEST RECEIVED
`REVIEW OF CORRESPONDENCE COMPLETE - INFORMATION MADE OF RECORD
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`AMENDMENT UNDER SECTION 7 – PROCESSED
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Proceeding
`Number
`
`67723
`67723
`
`76293
`76293
`88888
`
`71378
`71378
`
`

`

`Apr. 23, 2019
`Apr. 23, 2019
`Apr. 23, 2019
`Mar. 19, 2019
`Feb. 09, 2019
`Feb. 08, 2019
`Feb. 07, 2019
`Feb. 07, 2019
`Feb. 07, 2019
`Oct. 10, 2018
`Oct. 10, 2018
`Oct. 10, 2018
`Oct. 10, 2018
`Sep. 14, 2018
`Oct. 10, 2018
`Sep. 14, 2018
`May 08, 2018
`Mar. 13, 2018
`Mar. 13, 2018
`Feb. 21, 2018
`Feb. 06, 2018
`Feb. 06, 2018
`Nov. 07, 2017
`Nov. 04, 2017
`Oct. 30, 2017
`
`TEAS SECTION 7 REQUEST RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`REGISTERED-PRINCIPAL REGISTER
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`TEAS/EMAIL CORRESPONDENCE ENTERED
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`NON-FINAL ACTION E-MAILED
`SU - NON-FINAL ACTION - WRITTEN
`STATEMENT OF USE PROCESSING COMPLETE
`USE AMENDMENT FILED
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`TEAS STATEMENT OF USE RECEIVED
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`PUBLISHED FOR OPPOSITION
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`APPROVED FOR PUB - PRINCIPAL REGISTER
`ASSIGNED TO EXAMINER
`NOTICE OF DESIGN SEARCH CODE E-MAILED
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`Current Location: TMEG LAW OFFICE 101
`
`Date in Location: Dec. 22, 2021
`
`TM Staff Information - None
`
`File Location
`
`88889
`88889
`
`77966
`66230
`66230
`66230
`
`77966
`
`

`

`Generated on: This page was generated by TSDR on 2022-12-21 15:56:18 EST
`
`Mark: HEX TEC
`
`US Serial Number: 87661094
`
`US Registration
`Number:
`
`5710807
`
`Filed as TEAS RF: Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Oct. 26, 2017
`
`Registration Date: Mar. 26, 2019
`
`Currently TEAS RF: Yes
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Mar. 26, 2019
`
`Publication Date:Mar. 13, 2018Notice of Allowance Date:May 08, 2018
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`HEX TEC
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Related Properties Information
`
`1399703
`
`A0074213/1399703
`
`International
`Registration
`Number:
`
`International
`Application(s)
`/Registration(s)
`Based on this
`Property:
`
`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: Apparel, namely, socks [ t-shirts, sweatshirts, pants, shorts, jackets, underwear, hats ]
`
`International
`Class(es):
`
`025 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Feb. 13, 2018
`
`U.S Class(es): 022, 039
`
`Use in Commerce: Feb. 13, 2018
`
`

`

`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`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: Bombas LLC
`
`Owner Address: 881 Broadway, 2nd Floor
`New York, NEW YORK UNITED STATES 10003
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Kimberly Maynard
`
`Attorney Primary
`Email Address:
`
`pto@fkks.com
`
`Correspondent
`Name/Address:
`
`Kimberly Maynard
`Frankfurt Kurnit Klein & Selz PC
`28 Liberty Street
`New York, NEW YORK UNITED STATES 10005
`
`Attorney of Record
`
`Docket Number: 023452.1200
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Phone: 212-826-5579
`
`Correspondent e-
`mail:
`
`pto@fkks.com
`
`Fax: 212-593-9175
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Dec. 22, 2021
`Dec. 20, 2021
`Aug. 05, 2021
`May 23, 2020
`May 23, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Sep. 27, 2019
`Aug. 01, 2019
`Aug. 01, 2019
`May 13, 2019
`May 09, 2019
`Apr. 23, 2019
`Apr. 23, 2019
`Apr. 23, 2019
`Mar. 26, 2019
`
`CORRECTION UNDER SECTION 7 – PROCESSED
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`TEAS SECTION 7 REQUEST RECEIVED
`REVIEW OF CORRESPONDENCE COMPLETE - INFORMATION MADE OF RECORD
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`AMENDMENT UNDER SECTION 7 – PROCESSED
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`TEAS SECTION 7 REQUEST RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`REGISTERED-PRINCIPAL REGISTER
`
`Proceeding
`Number
`
`67723
`67723
`
`76293
`76293
`88888
`
`71378
`71378
`
`

`

`Feb. 21, 2019
`Feb. 20, 2019
`Feb. 19, 2019
`Feb. 19, 2019
`Feb. 19, 2019
`Oct. 10, 2018
`Oct. 10, 2018
`Oct. 10, 2018
`Oct. 10, 2018
`Sep. 14, 2018
`Oct. 10, 2018
`Sep. 14, 2018
`May 08, 2018
`Mar. 13, 2018
`Mar. 13, 2018
`Feb. 21, 2018
`Feb. 06, 2018
`Feb. 06, 2018
`Nov. 04, 2017
`Oct. 30, 2017
`
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`TEAS/EMAIL CORRESPONDENCE ENTERED
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`NON-FINAL ACTION E-MAILED
`SU - NON-FINAL ACTION - WRITTEN
`STATEMENT OF USE PROCESSING COMPLETE
`USE AMENDMENT FILED
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`TEAS STATEMENT OF USE RECEIVED
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`PUBLISHED FOR OPPOSITION
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`APPROVED FOR PUB - PRINCIPAL REGISTER
`ASSIGNED TO EXAMINER
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`Current Location: TMEG LAW OFFICE 101
`
`Date in Location: Dec. 22, 2021
`
`TM Staff Information - None
`
`File Location
`
`88889
`88889
`
`77966
`66230
`66230
`66230
`
`77966
`
`

`

`Generated on: This page was generated by TSDR on 2022-12-21 15:56:37 EST
`
`Mark: HEX TEC
`
`US Serial Number: 88980596
`
`US Registration
`Number:
`
`6324251
`
`Filed as TEAS RF: Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Apr. 22, 2019
`
`Registration Date: Apr. 13, 2021
`
`Currently TEAS RF: Yes
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Apr. 13, 2021
`
`Publication Date:Jun. 25, 2019Notice of Allowance Date:Feb. 11, 2020
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`HEX TEC
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Related Properties Information
`
`Claimed Ownership
`of US
`Registrations:
`
`5704333, 5710807
`
`Child Of: 88396509
`
`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: Non-athletic slipper socks
`
`International
`Class(es):
`
`025 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jan. 08, 2020
`
`U.S Class(es): 022, 039
`
`Use in Commerce: Jan. 08, 2020
`
`Basis Information (Case Level)
`
`Filed Use: No
`
`Currently Use: Yes
`
`

`

`Filed ITU: Yes
`
`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: Bombas LLC
`
`Owner Address: 881 Broadway, 2nd Floor
`New York, NEW YORK UNITED STATES 10003
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Kimberly Maynard
`
`Attorney Primary
`Email Address:
`
`pto@fkks.com
`
`Correspondent
`Name/Address:
`
`Kimberly Maynard
`FRANKFURT KURNIT KLEIN & SELZ PC
`28 Liberty Street
`New York, NEW YORK UNITED STATES 10005
`
`Attorney of Record
`
`Docket Number: 023452.1200
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Phone: 212-980-0120
`
`Correspondent e-
`mail:
`
`pto@fkks.com
`
`Fax: 212-593-9175
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Dec. 16, 2021
`Dec. 16, 2021
`Aug. 05, 2021
`Apr. 13, 2021
`Mar. 09, 2021
`Mar. 08, 2021
`Feb. 17, 2021
`Feb. 10, 2021
`Feb. 17, 2021
`Feb. 10, 2021
`Feb. 10, 2021
`Feb. 10, 2021
`Jul. 25, 2020
`Jul. 23, 2020
`Jul. 23, 2020
`Jul. 23, 2020
`Apr. 22, 2020
`Apr. 13, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`Mar. 16, 2020
`
`CORRECTION UNDER SECTION 7 – PROCESSED
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`TEAS SECTION 7 REQUEST RECEIVED
`REGISTERED-PRINCIPAL REGISTER
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`STATEMENT OF USE PROCESSING COMPLETE
`USE AMENDMENT FILED
`DIVISIONAL PROCESSING COMPLETE
`DIVISIONAL REQUEST RECEIVED
`TEAS REQUEST TO DIVIDE RECEIVED
`TEAS STATEMENT OF USE RECEIVED
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`SOU EXTENSION 1 GRANTED
`SOU EXTENSION 1 FILED
`TEAS EXTENSION RECEIVED
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`TEAS WITHDRAWAL AS DOMESTIC REPRESENTATIVE RECEIVED
`TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Proceeding
`Number
`
`67657
`67657
`
`74055
`74055
`
`98765
`98765
`
`74055
`74055
`88888
`
`

`

`Mar. 16, 2020
`Feb. 20, 2020
`Feb. 14, 2020
`Feb. 11, 2020
`Jan. 06, 2020
`Jan. 02, 2020
`Sep. 27, 2019
`Aug. 01, 2019
`Aug. 01, 2019
`Jul. 24, 2019
`Jun. 25, 2019
`Jun. 25, 2019
`Jun. 05, 2019
`May 16, 2019
`May 14, 2019
`May 08, 2019
`Apr. 25, 2019
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`CHANGES/CORRECTIONS AFTER PUB APPROVAL ENTERED
`ASSIGNED TO PETITION STAFF
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`TEAS POST PUBLICATION AMENDMENT RECEIVED
`EXTENSION OF TIME TO OPPOSE PROCESS - TERMINATED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`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
`ASSIGNED TO EXAMINER
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`Current Location: TMO LAW OFFICE 122
`
`Date in Location: Dec. 16, 2021
`
`TM Staff Information - None
`
`File Location
`
`86882
`86882
`
`1111
`
`93059
`
`

`

`Generated on: This page was generated by TSDR on 2022-12-21 15:56:53 EST
`
`Mark: HEX TEC
`
`US Serial Number: 88980800
`
`US Registration
`Number:
`
`6330524
`
`Filed as TEAS RF: Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Apr. 22, 2019
`
`Registration Date: Apr. 20, 2021
`
`Currently TEAS RF: Yes
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Apr. 20, 2021
`
`Publication Date:Jun. 25, 2019Notice of Allowance Date:Feb. 11, 2