ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1307686
`09/01/2023
`
`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
`
`Sparked LLC
`
`09/02/2023
`
`104 SUGAR CANE COURT
`GREER, SC 29650
`UNITED STATES
`
`NATALIE J. DEAN
`REICHEL STOHRY DEAN LLP
`525 S. MERIDIAN STREET
`SUITE 1A2
`INDIANAPOLIS, IN 46225
`UNITED STATES
`Primary email: natalie@rsindy.com
`Secondary email(s): docket@rsindy.com
`317-341-0641
`
`Docket no.
`
`D2023-25-US
`
`Applicant information
`
`Application no.
`
`97546427
`
`Opposition filing
`date
`
`Applicant
`
`09/01/2023
`
`Jillian Beaver
`SUITE 100
`1800 21ST STREET
`SACRAMENTO, CA 95811
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`07/04/2023
`
`Opposition period
`ends
`
`09/02/2023
`
`Class 014. First Use: Apr 24, 2022 First Use In Commerce: Apr 26, 2022
`All goods and services in the class are opposed, namely: Jewelry
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`U.S. application
`no.
`
`98108574
`
`Application date
`
`07/30/2023
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`
`
`Filing date:
`
`ESTTA1307686
`09/01/2023
`
`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
`
`Sparked LLC
`
`09/02/2023
`
`104 SUGAR CANE COURT
`GREER, SC 29650
`UNITED STATES
`
`NATALIE J. DEAN
`REICHEL STOHRY DEAN LLP
`525 S. MERIDIAN STREET
`SUITE 1A2
`INDIANAPOLIS, IN 46225
`UNITED STATES
`Primary email: natalie@rsindy.com
`Secondary email(s): docket@rsindy.com
`317-341-0641
`
`Docket no.
`
`D2023-25-US
`
`Applicant information
`
`Application no.
`
`97546427
`
`Opposition filing
`date
`
`Applicant
`
`09/01/2023
`
`Jillian Beaver
`SUITE 100
`1800 21ST STREET
`SACRAMENTO, CA 95811
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`07/04/2023
`
`Opposition period
`ends
`
`09/02/2023
`
`Class 014. First Use: Apr 24, 2022 First Use In Commerce: Apr 26, 2022
`All goods and services in the class are opposed, namely: Jewelry
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`U.S. application
`no.
`
`98108574
`
`Application date
`
`07/30/2023
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`SPARKED
`
`NONE
`
`Class 035. First use: First Use: Apr 9, 2022 First Use In Commerce: Apr 9, 2022
`Mobile retail store services featuring permanent jewelry; retail store services fea-
`turing custom affixed permanent jewelry
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`NONE
`
`NONE
`
`NONE
`
`Application date
`
`NONE
`
`Goods/services
`
`Mobile retail store services featuring permanent jewelry; retail store
`services featuring custom affixed permanent jewelry.
`
`Attachments
`
`Notice of Opposition re GET SPARKED Trademark Application f01SEPT2023
`.pdf(137565 bytes )
`Sparked and Design.jpg
`
`Signature
`
`/nd/
`
`Name
`
`Date
`
`NATALIE J. DEAN
`
`09/01/2023
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Trademark App. Ser. No. 97546427
`For the mark GET SPARKED
`
`
`
`
`
`
`Sparked, LLC
`
`
`
`
`
`
`
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
` v.
`
`
`
`
`
`
`
`
`
`Ms. Jillian Beaver
`
`
`
`
`
`
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Opposition No.:______________
`
`NOTICE OF OPPOSITION
`
`
`
`Sparked, LLC (“Opposer”) hereby opposes the above-referenced application to register the
`
`GET SPARKED mark filed by Ms. Jilian Beaver (“Applicant”). The grounds for opposition are
`
`as follows:
`
`THE PARTIES
`
`1.
`
`Opposer is a South Carolina limited liability company with a principal place of
`
`business at 104 Sugar Cane Court, Greer, South Carolina 29650.
`
`2.
`
`Applicant is an individual with an address at 1800 21st Street, Suite 100,
`
`Sacramento, California 95811.
`
`OPPOSER AND ITS USE OF THE SPARKED MARKS
`
`3.
`
`Commencing prior to Applicant’s filing date, Opposer has engaged, and continues
`
`to be engaged, in the business of providing permanent jewelry services including mobile retail
`
`store services featuring permanent jewelry and custom affixed permanent jewelry.
`
`4.
`
`Commencing prior to Applicant’s filing date, Opposer has used, and continues to
`
`use, the SPARKED word mark to promote Opposer’s permanent jewelry-related services. At least
`
`as early as April 2022, Opposer has also used, and continues to use, the logo shown below in
`
`
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`connection with the same services. As used herein, the SPARKED word mark and the below logo
`
`are collectively referred to as the “SPARKED Marks” and Opposer is the owner of substantial
`
`common law trademark rights in the SPARKED Marks.
`
`
`
`5.
`
`Since at least April 9, 2022, Opposer has extensively used, advertised, promoted,
`
`and offered Opposer’s permanent jewelry-related services under the SPARKED Marks to
`
`consumers in the United States.
`
`6.
`
`On August 12, 2022, Opposer filed an application for registration of the GET
`
`SPARKED word mark for jewelry in International Class 14. Said application was assigned Serial
`
`No. 97/546,427 (the “GET SPARKED Application”).
`
`7.
`
`As a result of Opposer’s promotional and advertising efforts and sales, Opposer’s
`
`customers and the public in general have come to know and recognize Opposer’s SPARKED
`
`Marks and associate the same with Opposer and/or the services sold by Opposer.
`
`8.
`
`Since Opposer began using the SPARKED Marks, it has established valuable
`
`goodwill in the SPARKED Marks.
`
`9.
`
`As a result of Opposer’s extensive use of the SPARKED Marks, the SPARKED
`
`Marks have become valuable property of Opposer.
`
`Page 2
`
`
`
`APPLICANT AND ITS TRADEMARK APPLICATION
`
`
`On August 12, 2022, Applicant filed an application on a use basis for registration
`
`10.
`
`of the proposed GET SPARKED trademark for “jewelry” in International Class 14. Said
`
`application was assigned Serial No. 97/546,427 (the “GET SPARKED Application”) and
`
`published for Opposition in the Official Gazette of July 4, 2023.
`
` GROUNDS FOR REJECTING THE GET SPARKED APPLICATION
`
`
`
`11.
`
`Opposer’s actual, continuous, and continuing use of the SPARKED Marks in
`
`commerce began before the earliest priority date for Applicant’s GET SPARKED Application
`
`and/or before Applicant began using the GET SPARKED Mark.
`
`12.
`
`Applicant’s use of and attempt to register the GET SPARKED Mark for the
`
`products listed in the GET SPARKED Application is likely to cause confusion, mistake, and/or
`
`lead to deception as to the origin of Applicant’s products in violation of Section 43(a) of the
`
`Lanham Act, 15 U.S.C. § 1125(a).
`
`13.
`
`The likelihood of confusion is apparent in this instance because the Applicant’s
`
`GET SPARKED Mark is nearly identical to Opposer’s SPARKED Marks and the GET SPARKED
`
`Application covers products that will be encountered by the same type of consumers and that
`
`would emanate from the same source as the services Opposer provides under the SPARKED
`
`Marks.
`
`14.
`
`Applicant’s use and registration of the GET SPARKED Mark is likely to result in
`
`confusion and substantial damage and injury to Opposer. Persons familiar with Opposer’s
`
`SPARKED Marks are likely to believe that Applicant’s goods originate with, or are licensed,
`
`sponsored or approved by Opposer. Any such confusion would inevitably result in loss of sales to
`
`Page 3
`
`
`
`Opposer and/or damage the goodwill and reputation that Opposer has established in the SPARKED
`
`Marks.
`
`WHEREFORE, Opposer prays that the GET SPARKED Application be rejected on the
`
`grounds of likelihood of confusion.
`
`Dated this 1st day of September, 2023
`
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`Respectfully submitted,
`
`By:
`
`
`
`
`
`
`
`
`
`/Natalie Dean/
`Natalie J. Dean
`REICHEL STOHRY DEAN LLP
`525 S. Meridian Street
`Suite 1A2
`Indianapolis, Indiana 46225
`(317) 341-0641
`
`
`
`Page 4
`
`
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