Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1296633
`07/11/2023
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`S&G Hampton Sun, LLC
`
`LLC
`
`Citizenship
`
`New York
`
`241 WEST 30TH STREET
`4TH FLOOR
`NEW YORK, NY 10001
`UNITED STATES
`
`ROBERT L. POWLEY
`POWLEY & GIBSON, P.C.
`60 HUDSON STREET
`SUITE 2203
`NY, NY 10013
`UNITED STATES
`Primary email: trademarks@powleygibson.com
`Secondary email(s): rlpowley@powleygibson.com, rsbrook@powleygibson.com
`2122265054
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`97379210
`
`Opposition filing
`date
`
`Applicant
`
`07/11/2023
`
`Hamptons Aromatherapy, Inc.
`181 MIDDLE HIGHWAY
`EAST HAMPTON, NY 11937
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`06/20/2023
`
`Opposition period
`ends
`
`07/20/2023
`
`Class 003. First Use: Jan 31, 2022 First Use In Commerce: Jan 31, 2022
`All goods and services in the class are opposed, namely: Lotions for cosmetic purposes; Lotions for
`face and body care; After-sun lotions; Age retardant lotion; Aromatic preparations, namely, lotions us-
`ing ingredients from the sea; Bath lotion; Bathing lotions; Beauty lotions; Body lotion; Body mask lo-
`tion; Cosmetic preparations, namely, firming lotions; Cosmetics in the form of milks, lotions and emul-
`sions; Face and body lotions; Face milk and lotions; Facial lotion; Hand lotions; Massage lotions;
`Moisturizing body lotions; Non-medicated skin care creams and lotions; Non-medicated skin care pre-
`parations, namely, creams, lotions, gels, toners, cleaners and peels; Non-medicated skin care pre-
`parations, namely, skin creams using ingredients from the sea; Non-medicated stimulating lotions for
`the skin; Scented body lotions and creams; Skin lotion; Skin lotions; Skin and body topical lotions,
`creams and oils for cosmetic use; Skin cleansing lotion; Styling lotions; Sun care lotions; Toning lo-
`tion, for the face, body and hands; facial scrubs; cosmetic masks; cosmetic soaps; non medicated lip
`balms; salves in the nature of non-medicated herbal body care products; hydrosol in the nature of toi-
`let water; bath and body products in the nature of cosmetic body care preparations that include clay,
`
`

`

`salt and seaweed, namely, body scrubs, non-fragranced shower gels
`
`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.
`
`3851704
`
`Register
`
`Principal
`
`Registration date
`
`09/21/2010
`
`Application date
`
`01/30/2004
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`HAMPTON SUN
`
`NONE
`
`Class 003. First use: First Use: May 1, 2005 First Use In Commerce: May 1,
`2005
`Tanning and sunscreen preparations; sun block; sun care lotion; sun cream; sun
`tan gel; sun tan lotion; suntan oil; cosmetics and skin care products, namely,
`cream for face, after sun moisture, after sun body cooling spray, sunless tanning
`gel, after sun cream for face and body, face and body moisturizers, skin lotion,
`and after sun lotion; [ hair and ] body care products, namely, body cream, and
`body lotion; cosmetic preparations for body care; facial cream; facial lotion; [
`bathing products, namely, bath soaps, bath gels, ] fragrances for personal use [
`and room fragrances ]
`
`U.S. registration
`no.
`
`5617639
`
`Register
`
`Principal
`
`Registration date
`
`11/27/2018
`
`Application date
`
`09/05/2014
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`HAMPTON SUN
`
`NONE
`
`Class 003. First use: First Use: Jun 5, 2018 First Use In Commerce: Jun 5, 2018
`Room fragrances; and air fragrancing preparations; passive scent diffusers,
`namely, air diffusers comprised of a wick and sold with oil in a container used to
`emit scent by diffusion into the air
`Class 004. First use: First Use: Jun 5, 2018 First Use In Commerce: Jun 5, 2018
`Candles; scented candles
`
`Related proceed-
`ings
`
`Opposer opposed Applicant's application for the mark HAMPTONS ALCHEMIST
`in Opposition Proceeding No. 91276760.
`
`Attachments
`
`2023.07.11 Notice of Opposition - HAMPTONS ALCHEMIST MODERN ARO-
`MATHER APY.pdf(88424 bytes )
`2023.07.11 Exhibits.pdf(55072 bytes )
`
`Signature
`
`/Robert L. Powley/
`
`

`

`Name
`
`Date
`
`Robert L. Powley
`
`07/11/2023
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Serial No. 97379210
`For the Mark: HAMPTONS ALCHEMIST MODERN AROMATHERAPY and Design
`Published in the Trademark Official Gazette on June 20, 2023
`-----------------------------------------------------x
`
`
`
`
`
`
`:
`S&G HAMPTON SUN, LLC,
`
`:
`
`
`
`
`
`
`:
`
`Opposer,
`
`
`:
`
`
`
`
`
`:
`
`-against-
`
`
`
`
`:
`
`
`
`
`
`
`:
`HAMPTONS AROMATHERAPY, INC.,
`:
`
`
`
`
`
`
`:
`
`
`Applicant.
`
`
`:
`
`
`
`
`
`
`:
`-----------------------------------------------------x
`
`
`
`
`Opposition No. _________________
`
`NOTICE OF OPPOSITION
`
`
`
`S & G Hampton Sun, LLC (hereinafter “Opposer”) believes that it will be damaged by
`
`registration
`
`of
`
`the
`
`stylized
`
`trademark HAMPTONS ALCHEMIST MODERN
`
`AROMATHERAPY and Design. On April 25, 2022, Hamptons Aromatherapy, Inc. (hereinafter
`
`“Applicant”) filed a use based application to register the mark HAMPTONS ALCHEMIST
`
`MODERN AROMATHERAPY and Design in stylized form1 (hereinafter “Applicant’s Mark”),
`
`as shown in Application Serial No. 97379210, (hereinafter “Applicant’s ‘210 Application”), for
`
`
`
`1
`
`
`
`1
`
`
`
`

`

`“Lotions for cosmetic purposes; Lotions for face and body care; After-sun lotions; Age retardant
`
`lotion; Aromatic preparations, namely, lotions using ingredients from the sea; Bath lotion; Bathing
`
`lotions; Beauty lotions; Body lotion; Body mask lotion; Cosmetic preparations, namely, firming
`
`lotions; Cosmetics in the form of milks, lotions and emulsions; Face and body lotions; Face milk
`
`and lotions; Facial lotion; Hand lotions; Massage lotions; Moisturizing body lotions; Non-
`
`medicated skin care creams and lotions; Non-medicated skin care preparations, namely, creams,
`
`lotions, gels, toners, cleaners and peels; Non-medicated skin care preparations, namely, skin
`
`creams using ingredients from the sea; Non-medicated stimulating lotions for the skin; Scented
`
`body lotions and creams; Skin lotion; Skin lotions; Skin and body topical lotions, creams and oils
`
`for cosmetic use; Skin cleansing lotion; Styling lotions; Sun care lotions; Toning lotion, for the
`
`face, body and hands; facial scrubs; cosmetic masks; cosmetic soaps; lip balms; salves in the nature
`
`of non-medicated herbal body care products; hydrosol in the nature of toilet water; bath and body
`
`products in the nature of cosmetic body care preparations that include clay, salt and seaweed,
`
`namely, body scrubs, non-fragranced shower gels; Antibacterial hand soaps; Medicated lip balms;
`
`Anti-inflammatory salves; Bath products, namely, body sponges” in International Class 3.
`
`
`
`On May 10, 2023, in response to the Trademark Examining Attorney’s Office Action
`
`issued on February 25, 2023, Applicant’s ‘210 Application was amended. The Applicant amended
`
`their International Class 3 description to the following, “Lotions for cosmetic purposes; Lotions
`
`for face and body care; After-sun lotions; Age retardant lotion; Aromatic preparations, namely,
`
`lotions using ingredients from the sea; Bath lotion; Bathing lotions; Beauty lotions; Body lotion;
`
`Body mask lotion; Cosmetic preparations, namely, firming lotions; Cosmetics in the form of milks,
`
`lotions and emulsions; Face and body lotions; Face milk and lotions; Facial lotion; Hand lotions;
`
`Massage lotions; Moisturizing body lotions; Non-medicated skin care creams and lotions; Non-
`
`
`
`2
`
`

`

`medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Non-
`
`medicated skin care preparations, namely, skin creams using ingredients from the sea; Non-
`
`medicated stimulating lotions for the skin; Scented body lotions and creams; Skin lotion; Skin
`
`lotions; Skin and body topical lotions, creams and oils for cosmetic use; Skin cleansing lotion;
`
`Styling lotions; Sun care lotions; Toning lotion, for the face, body and hands; facial scrubs;
`
`cosmetic masks; cosmetic soaps; non medicated lip balms; salves in the nature of non-medicated
`
`herbal body care products; hydrosol in the nature of toilet water; bath and body products in the
`
`nature of cosmetic body care preparations that include clay, salt and seaweed, namely, body scrubs,
`
`non-fragranced shower gels” (hereinafter referred to as “Applicant’s Goods”). In addition, the
`
`Applicant amended the description of Applicant’s Mark to the following, “The mark consists of
`
`the words ‘HAMPTONS ALCHEMIST MODERN AROMATHERAPY’ in stylized lettering with
`
`a shaded diamond figure centered within the letter ‘O’ in ‘HAMPTONS’, placed above a design
`
`of a horizontal branch with leaves, all placed above the words ‘MODERN AROMATHERAPY’
`
`in stylized lettering.” Further, the Applicant disclaimed the exclusive right to use the words
`
`“hamptons” and “aromatherapy” apart from the mark as shown. Finally, the Applicant properly
`
`signed and verified Applicant’s ‘210 Application in a signed declaration.
`
`Opposer hereby timely opposes registration of Applicant’s Mark on the following grounds:
`
`1.
`
`Opposer is a limited liability company organized and existing under the laws of
`
`New York with a principal place of business at 241 West 30th Street, 4th Floor, New York, New
`
`York 10001.
`
`2.
`
`Upon information and belief, Applicant is a corporation organized and existing
`
`under the laws of New York with a principal place of business at 181 Middle Highway, East
`
`Hampton, New York 11937.
`
`
`
`3
`
`

`

`3.
`
`Upon information and belief, Lori MacGarva is principal and/or owner of the
`
`Applicant. As an individual, Lori MacGarva filed intent-to-use basis applications to register the
`
`mark HAMPTONS SEA TO SKIN and the mark HAMPTONS FARM TO LAUNDRY.
`
`4.
`
`The applications for the marks HAMPTONS SEA TO SKIN and HAMPTONS
`
`FARM TO LAUNDRY were opposed by the Opposer in Opposition Proceeding No. 91251698
`
`and Opposition Proceeding No. 91251700 respectively. The oppositions were decided in favor of
`
`the Opposer on default.
`
`5.
`
`The Applicant filed an intent-to-use basis application to register the mark
`
`HAMPTONS ALCHEMIST.
`
`6.
`
`The application for the mark HAMPTONS ALCHEMIST was opposed by the
`
`Opposer in Opposition Proceeding No. 91276760. The opposition proceeding is ongoing.
`
`7.
`
`Opposer is the owner of U.S. Trademark Registration No. 3851704, filed January
`
`30, 2004 and issued on September 21, 2010, for the mark HAMPTON SUN (“Opposer’s ‘704
`
`Registration”) in connection with “tanning and sunscreen preparations; sun block; sun care lotion;
`
`sun cream; sun tan gel; sun tan lotion; suntan oil; cosmetics and skin care products, namely, cream
`
`for face, after sun moisture, after sun body cooling spray, sunless tanning gel, after sun cream for
`
`face and body, face and body moisturizers, skin lotion, and after sun lotion; body care products,
`
`namely, body cream, and body lotion; cosmetic preparations for body care; facial cream; facial
`
`lotion; fragrances for personal use” in International Class 3. This registration has become
`
`incontestable pursuant to 15 U.S.C. § 1065.
`
`8.
`
`Opposer is also the owner of U.S. Trademark Registration No. 5617639, filed
`
`September 5, 2014 and issued on November 27, 2018, for the mark HAMPTON SUN (“Opposer’s
`
`‘639 Registration”) in connection with “room fragrances; and air fragrancing preparations; passive
`
`
`
`4
`
`

`

`scent diffusers, namely, air diffusers comprised of a wick and sold with oil in a container used to
`
`emit scent by diffusion into the air” in International Class 3, as well as for “candles; scented
`
`candles” in International Class 4.
`
`9.
`
`A copy of records from the Trademark Status & Document Retrieval (“TSDR”)
`
`system of the United States Patent and Trademark Office (“USPTO”) showing records of
`
`Opposer’s ‘704 Registration for its HAMPTON SUN mark is attached hereto as Exhibit A. A
`
`copy of records from the TSDR system of the USPTO showing records of Opposer’s ‘639
`
`Registration for its HAMPTON SUN mark is attached hereto as Exhibit B. (Opposer’s ‘704
`
`Registration and Opposer’s ‘639 Registration are hereinafter collectively referred to as “Opposer’s
`
`Registrations”; the HAMPTON SUN marks as embodied in Opposer’s Registrations are
`
`hereinafter referred to as “Opposer’s Marks”).
`
`10.
`
`Opposer’s Registrations are valid and subsisting and are evidence of Opposer’s
`
`ownership of Opposer’s Marks, and exclusive right to use Opposer’s Marks in commerce in
`
`connection with the goods described in Opposer’s Registrations.
`
`11.
`
`Opposer has used the mark HAMPTON SUN in connection with the sale of the
`
`goods described in Opposer’s ‘704 Registration, in both intrastate and in interstate commerce,
`
`since at least as early as May 1, 2005, with such use being continuous and ongoing.
`
`12.
`
`Opposer has used the mark HAMPTON SUN in connection with the sale of the
`
`goods described in Opposer’s ‘639 Registration since at least as early as June 5, 2018, and has
`
`used the mark HAMPTON SUN in connection with the sale of the goods described in Opposer’s
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`‘639 Registration in interstate commerce since at least as early as July 27, 2018, with such use
`
`being continuous and ongoing.
`
`
`
`5
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`

`

`13.
`
`On April 25, 2022, Applicant applied to register Applicant’s Mark as a trademark
`
`for Applicant’s Goods under the filing basis of Section 1(a) of the Lanham Act, as amended, 15
`
`U.S.C. § 1051. Applicant alleges that it first used Applicant’s Mark in intrastate and interstate
`
`commerce on January 31, 2022.
`
`14.
`
`As such, Opposer has used Opposer’s Marks since long prior to Applicant’s first
`
`use. Thus, priority is not an issue in this proceeding.
`
`15.
`
`Opposer has expended substantial effort and expense in promoting Opposer’s
`
`Marks. As a result, Opposer has developed extensive goodwill with respect to Opposer’s Marks,
`
`and consumers have come to know, rely upon, and recognize the source of the goods described in
`
`Opposer’s Registrations as originating from a single source, that is, Opposer.
`
`16.
`
`Opposer’s rights in Opposer’s Marks predate and are superior to any rights
`
`Applicant has in Applicant’s ‘210 Application.
`
`17.
`
`Applicant’s Mark so resembles Opposer’s Marks in appearance, sound, and
`
`commercial impression and Applicant’s Goods are the same or closely related to the goods listed
`
`in Opposer’s Registrations, such that when Applicant’s Mark is applied to Applicant’s Goods,
`
`such goods would be likely to cause confusion, or to cause mistake, or to deceive consumers, all
`
`to the detriment of Opposer. Consumers would mistakenly believe that Applicant’s Goods are
`
`associated with, endorsed, or sponsored by Opposer, when such is not the case. As such,
`
`Applicant’s Mark is highly similar to Opposer’s Marks and will create a likelihood of confusion
`
`with Opposer’s Marks.
`
`18.
`
`Applicant’s Goods are closely related to the goods listed in Opposer’s
`
`Registrations. Due to the similar and/or related nature of Applicant’s Goods covered by the
`
`Applicant’s ‘210 Application and the goods marketed and sold under Opposer’s Marks, any use
`
`
`
`6
`
`

`

`by Applicant of Applicant’s Mark as a trademark on Applicant’s Goods is likely to be encountered
`
`by the same class of purchasers who are familiar with the widespread and extensive use of the
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`Opposer’s Marks.
`
`19.
`
`Upon information and belief, Applicant’s Goods will travel in the same or similar
`
`channels of trade and will be directed at the same or similar consumers as those looking to purchase
`
`the goods sold by Opposer using Opposer’s Marks. Therefore, it is likely that consumers searching
`
`for such products will encounter Applicant’s Goods offered under Applicant’s Mark and
`
`mistakenly believe that Opposer is the source or origin of Applicant’s Goods, or that Opposer has
`
`endorsed or licensed Applicant’s use, which it has not, and as a result would likely cause confusion
`
`among consumers within the relevant markets.
`
`20.
`
`Based on the foregoing, Opposer will be damaged by registration of Applicant’s
`
`Mark because such registration will give Applicant prima facie ownership of and the exclusive
`
`right to use Applicant’s Mark in connection with Applicant’s Goods, which is confusingly similar
`
`to Opposer’s Marks, in derogation of Opposer’s superior rights in Opposer’s Marks.
`
`21.
`
` This Opposition is timely filed and accompanied by the appropriate filing fee.
`
`WHEREFORE, Opposer respectfully requests that the registration sought by Applicant
`
`be refused, and that this Notice of Opposition be sustained.
`
`The required fee of $600.00 for Opposition against the subject application is enclosed herewith.
`
`Dated: July 11, 2023
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`Respectfully submitted,
`
`
`
`/s/Robert L. Powley
`Robert L. Powley
`rlpowley@powleygibson.com
`James M. Gibson
`jmgibson@powleygibson.com
`Rylan S. Brook
`rsbrook@powleygibson.com
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`POWLEY & GIBSON, P.C.
`60 Hudson Street, Suite 2203
`New York, NY 10013
`Telephone: (212) 226-5054
`Facsimile: (212) 226-5085
`Attorneys for Opposer
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`8
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`

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`EXHIBIT A
`EXHIBIT A
`
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`
`

`

`Generated on: This page was generated by TSDR on 2023-07-11 16:00:50 EDT
`
`Mark: HAMPTON SUN
`
`US Serial Number: 78360413
`
`US Registration
`Number:
`
`3851704
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Jan. 30, 2004
`
`Registration Date: Sep. 21, 2010
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Nov. 18, 2020
`
`Publication Date:Dec. 06, 2005Notice of Allowance Date:Jul. 03, 2007
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`HAMPTON SUN
`
`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
`
`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: Tanning and sunscreen preparations; sun block; sun care lotion; sun cream; sun tan gel; sun tan lotion; suntan oil; cosmetics and skin
`care products, namely, cream for face, after sun moisture, after sun body cooling spray, sunless tanning gel, after sun cream for face
`and body, face and body moisturizers, skin lotion, and after sun lotion; [ hair and ] body care products, namely, body cream, and body
`lotion; cosmetic preparations for body care; facial cream; facial lotion; [ bathing products, namely, bath soaps, bath gels, ] fragrances
`for personal use [ and room fragrances ]
`
`International
`Class(es):
`
`003 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 001, 004, 006, 050, 051, 052
`
`First Use: May 01, 2005
`
`Use in Commerce: May 01, 2005
`
`Basis Information (Case Level)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`

`

`Filed No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: S & G HAMPTON SUN, LLC
`
`Owner Address: 123 WEST 18TH STREET, 8TH FLOOR
`NEW YORK, NEW YORK UNITED STATES 10011
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`NEW YORK
`
`Attorney/Correspondence Information
`
`Attorney Name: David A. Jones
`
`Docket Number: 162.3(US)
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`trademarks@powleygibson.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`David A. Jones
`POWLEY & GIBSON, P.C.
`60 Hudson Street
`Suite 2203
`New York, NEW YORK UNITED STATES 10013
`
`Phone: 212-226-5054
`
`Fax: 212-226-5085
`
`Correspondent e-
`mail:
`
`trademarks@powleygibson.com djones@powleyg
`ibson.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Nov. 18, 2020
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`Nov. 18, 2020
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`Nov. 18, 2020
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Nov. 10, 2020
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Sep. 21, 2020
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Nov. 13, 2019
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Sep. 21, 2019
`
`COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
`
`Sep. 06, 2016
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
`
`Sep. 06, 2016
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Sep. 02, 2016
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Jun. 23, 2016
`
`TEAS SECTION 8 & 15 RECEIVED
`
`May 18, 2011
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`Sep. 21, 2010
`
`REGISTERED-PRINCIPAL REGISTER
`
`Aug. 19, 2010
`
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`
`Aug. 18, 2010
`
`LAW OFFICE REGISTRATION REVIEW COMPLETED
`
`Aug. 18, 2010
`
`ASSIGNED TO LIE
`
`Aug. 01, 2010
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`Jul. 21, 2010
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`Jul. 02, 2010
`
`USE AMENDMENT FILED
`
`Jul. 02, 2010
`
`PAPER RECEIVED
`
`Jan. 12, 2010
`
`SOU EXTENSION 5 GRANTED
`
`Jan. 03, 2010
`
`SOU EXTENSION 5 FILED
`
`Jan. 08, 2010
`
`PAPER RECEIVED
`
`Jul. 08, 2009
`
`SOU EXTENSION 4 GRANTED
`
`Jul. 03, 2009
`
`SOU EXTENSION 4 FILED
`
`Jul. 06, 2009
`
`PAPER RECEIVED
`
`Jan. 28, 2009
`
`SOU EXTENSION 3 GRANTED
`
`Proceeding
`Number
`
`95151
`
`95151
`
`95151
`
`71378
`
`71378
`
`68691
`
`68691
`
`76874
`
`76874
`
`76874
`
`76874
`
`76874
`
`76874
`
`76874
`
`

`

`Dec. 29, 2008
`
`SOU EXTENSION 3 FILED
`
`Jan. 28, 2009
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`Jan. 02, 2009
`
`PAPER RECEIVED
`
`Jul. 16, 2008
`
`SOU EXTENSION 2 GRANTED
`
`Jun. 30, 2008
`
`SOU EXTENSION 2 FILED
`
`Jun. 30, 2008
`
`PAPER RECEIVED
`
`Feb. 27, 2008
`
`SOU EXTENSION 1 GRANTED
`
`Jan. 03, 2008
`
`SOU EXTENSION 1 FILED
`
`Jan. 07, 2008
`
`PAPER RECEIVED
`
`Jul. 03, 2007
`
`NOA MAILED - SOU REQUIRED FROM APPLICANT
`
`Feb. 27, 2007
`
`PAPER RECEIVED
`
`Apr. 23, 2007
`
`OPPOSITION TERMINATED NO. 999999
`
`Apr. 23, 2007
`
`OPPOSITION DISMISSED NO. 999999
`
`Jan. 04, 2007
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Jan. 20, 2006
`
`OPPOSITION INSTITUTED NO. 999999
`
`Jan. 18, 2006
`
`OPPOSITION PAPERS RECEIVED AT TTAB
`
`Dec. 06, 2005
`
`PUBLISHED FOR OPPOSITION
`
`Nov. 16, 2005
`
`NOTICE OF PUBLICATION
`
`Oct. 14, 2005
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`Oct. 07, 2005
`
`ASSIGNED TO LIE
`
`Oct. 03, 2005
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Sep. 29, 2005
`
`EXAMINER'S AMENDMENT ENTERED
`
`76874
`
`76874
`
`70565
`
`70565
`
`66154
`
`66154
`
`168743
`
`168743
`
`168743
`
`68123
`
`68123
`
`88888
`
`6328
`
`Sep. 29, 2005
`
`EXAMINERS AMENDMENT E-MAILED
`
`Sep. 29, 2005
`
`EXAMINERS AMENDMENT -WRITTEN
`
`May 17, 2005
`
`NON-FINAL ACTION E-MAILED
`
`May 17, 2005
`
`NON-FINAL ACTION WRITTEN
`
`May 17, 2005
`
`PREVIOUS ALLOWANCE COUNT WITHDRAWN
`
`Apr. 04, 2005
`
`WITHDRAWN BEFORE PUBLICATION
`
`Feb. 03, 2005
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`Jan. 21, 2005
`
`ASSIGNED TO LIE
`
`Jan. 07, 2005
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Jan. 07, 2005
`
`AMENDMENT FROM APPLICANT ENTERED
`
`Dec. 16, 2004
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Jan. 07, 2005
`
`ASSIGNED TO LIE
`
`Dec. 20, 2004
`
`PAPER RECEIVED
`
`Jun. 16, 2004
`
`NON-FINAL ACTION MAILED
`
`Jun. 14, 2004
`
`ASSIGNED TO EXAMINER
`
`76419
`
`6325
`
`76419
`
`76869
`
`76869
`
`76523
`
`76523
`
`76523
`
`76419
`
`Feb. 10, 2004
`
`NEW APPLICATION ENTERED
`TM Staff and Location Information
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Nov. 18, 2020
`
`Assignment Abstract Of Title Information
`
`TM Staff Information - None
`
`File Location
`
`Summary
`
`Total Assignments: 1
`
`Registrant: Wilfley, Grant S.
`
`Assignment 1 of 1
`
` 
`
`Conveyance: NUNC PRO TUNC ASSIGNMENT EFFECTIVE 09/21/2010
`
`Reel/Frame: 4538/0677
`
`Date Recorded: May 11, 2011
`
`Supporting
`Documents:
`
`assignment-tm-4538-0677.pdf
`
`Pages: 3
`
`

`

`Name: WILFLEY, GRANT S., MR.
`
`Execution Date: Apr. 28, 2011
`
`Legal Entity Type: INDIVIDUAL
`
`Citizenship: UNITED STATES
`
`Name: PIAZZOLLA, SALVATORE R., MR.
`
`Execution Date: Apr. 28, 2011
`
`Legal Entity Type: INDIVIDUAL
`
`Citizenship: UNITED STATES
`
`Assignor
`
`Name: S & G HAMPTON SUN, LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 123 WEST 18TH STREET, 8TH FLOOR
`NEW YORK, NEW YORK 10011
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`JASON H. KASNER
`
`304 HUDSON STREET, 2ND FLOOR
`POWLEY & GIBSON, P.C.
`NEW YORK, NY 10013
`
`Assignee
`
`State or Country
`Where Organized:
`
`NEW YORK
`
`Correspondent
`
`Domestic Representative - Not Found
`
`

`

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

`

`Generated on: This page was generated by TSDR on 2023-07-11 16:02:15 EDT
`
`Mark: HAMPTON SUN
`
`US Serial Number: 86386811
`
`US Registration
`Number:
`
`5617639
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Sep. 05, 2014
`
`Registration Date: Nov. 27, 2018
`
`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: Nov. 27, 2018
`
`Publication Date:Feb. 16, 2016Notice of Allowance Date:Apr. 12, 2016
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`HAMPTON SUN
`
`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:
`
`3851704
`
`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: Room fragrances; and air fragrancing preparations; passive scent diffusers, namely, air diffusers comprised of a wick and sold with oil
`in a container used to emit scent by diffusion into the air
`
`International
`Class(es):
`
`003 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 001, 004, 006, 050, 051, 052
`
`First Use: Jun. 05, 2018
`
`Use in Commerce: Jul. 27, 2018
`
`For: Candles; scented candles
`
`International
`Class(es):
`
`004 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 001, 006, 015
`
`

`

`First Use: Jun. 05, 2018
`
`Use in Commerce: Jul. 27, 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: S&G Hampton Sun, LLC
`
`Owner Address: 4th Floor
`241 West 30th Street
`New York, NEW YORK UNITED STATES 10001
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`NEW YORK
`
`Attorney/Correspondence Information
`
`Attorney Name: Robert L. Powley
`
`Docket Number: 162.3(US-3)
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`trademarks@powleygibson.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`ROBERT L. POWLEY
`POWLEY & GIBSON, P.C.
`60 Hudson Street
`Suite 2203
`New York, NEW YORK UNITED STATES 10013
`
`Phone: 212-226-5054
`
`Fax: 212-226-5085
`
`Correspondent e-
`mail:
`
`trademarks@powleygibson.com djones@powleyg
`ibson.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Nov. 13, 2019
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Nov. 27, 2018
`
`REGISTERED-PRINCIPAL REGISTER
`
`Oct. 23, 2018
`
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`
`Oct. 22, 2018
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`Oct. 17, 2018
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`Oct. 12, 2018
`
`USE AMENDMENT FILED
`
`Oct. 12, 2018
`
`TEAS STATEMENT OF USE RECEIVED
`
`Apr. 13, 2018
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`Apr. 11, 2018
`
`SOU EXTENSION 4 GRANTED
`
`Apr. 11, 2018
`
`SOU EXTENSION 4 FILED
`
`Apr. 11, 2018
`
`TEAS EXTENSION RECEIVED
`
`Oct. 20, 2017
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`Oct. 19, 2017
`
`SOU EXTENSION 3 GRANTED
`
`Oct. 11, 2017
`
`SOU EXTENSION 3 FILED
`
`Oct. 18, 2017
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`Oct. 11, 2017
`
`TEAS EXTENSION RECEIVED
`
`Apr. 08, 2017
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`Proceeding
`Number
`
`69302
`
`69302
`
`98765
`
`98765
`
`69302
`
`69302
`
`69302
`
`

`

`Apr. 06, 2017
`
`SOU EXTENSION 2 GRANTED
`
`Apr. 06, 2017
`
`SOU EXTENSION 2 FILED
`
`Apr. 06, 2017
`
`TEAS EXTENSION RECEIVED
`
`Oct. 11, 2016
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`Oct. 07, 2016
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Oct. 07, 2016
`
`SOU EXTENSION 1 GRANTED
`
`Oct. 07, 2016
`
`SOU EXTENSION 1 FILED
`
`Oct. 07, 2016
`
`TEAS EXTENSION RECEIVED
`
`Apr. 12, 2016
`
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`
`Feb. 16, 2016
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Feb. 16, 2016
`
`PUBLISHED FOR OPPOSITION
`
`Jan. 27, 2016
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`Jan. 12, 2016
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Dec. 29, 2015
`
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`Dec. 28, 2015
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Dec. 28, 2015
`
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`
`Jun. 26, 2015
`
`NOTIFICATION OF PRIORITY ACTION E-MAILED
`
`Jun. 26, 2015
`
`PRIORITY ACTION E-MAILED
`
`Jun. 26, 2015
`
`PRIORITY ACTION WRITTEN
`
`Jun. 24, 2015
`
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`Jun. 23, 2015
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Jun. 23, 2015
`
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`
`Feb. 20, 2015
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Feb. 20, 2015
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Jan. 02, 2015
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Dec. 23, 2014
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`Dec. 23, 2014
`
`NON-FINAL ACTION E-MAILED
`
`Dec. 23, 2014
`
`NON-FINAL ACTION WRITTEN
`
`Dec. 17, 2014
`
`ASSIGNED TO EXAMINER
`
`Sep. 16, 2014
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
`
`Sep. 09, 2014
`
`NEW APPLICATION ENTERED
`TM Staff and Location Information
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Oct. 22, 2018
`
`TM Staff Information - None
`
`File Location
`
`98765
`
`98765
`
`98765
`
`98765
`
`88889
`
`88889
`
`6326
`
`6326
`
`91238
`
`88889
`
`88889
`
`88888
`
`6325
`
`6325
`
`91238
`
`91238
`
`