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`ESTTA1350296
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`Filing date:
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`04/04/2024
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91290037
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Defendant
`Wierzgacz, Sebastian
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`ELIAS HANTULA
`HANTULA & ASSOCIATES
`492 WOOD RIDGE AVE
`WOOD RIDGE, NJ 07075
`UNITED STATES
`Primary email: ehantula@icloud.com
`Secondary email(s): sebaw4@vp.pl, aclassattorney@gmail.com
`646-441-0329 x1
`
`Answer
`
`Kevin Haynie
`
`kevin@yourtrademarkattorney.com, morris@yourtrademarkattorney.com
`
`/kmh355/
`
`04/04/2024
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`Attachments
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`Sebastian Wierzgacz Answer.pdf(73636 bytes )
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposer,
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`Opposition No.
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`91290037
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`iFIT INC.
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`v.
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`)
`)
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`)
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`Sebastian Wierzgacz
`)
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`Applicant.
` )
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`APPLICANT’S ANSWER TO OPPOSER’S
`NOTICE OF OPPOSITION
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`In answer to the Notice of Opposition filed by Opposer iFIT INC., Applicant Sebastian
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`Wierzgacz states the following:
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`
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`1.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 1 of the Notice of Opposition and, accordingly,
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`denies each and every allegation set forth therein.
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`
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`2.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 2 of the Notice of Opposition and, accordingly,
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`denies each and every allegation set forth therein.
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`
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`3.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 3 of the Notice of Opposition and, accordingly,
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`denies each and every allegation set forth therein.
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`
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`4.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 4 of the Notice of Opposition and, accordingly,
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`denies each and every allegation set forth therein.
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`1
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`5.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 5 of the Notice of Opposition and, accordingly,
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`denies each and every allegation set forth therein.
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`6.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 6 of the Notice of Opposition and, accordingly,
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`denies each and every allegation set forth therein.
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`7.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 7 of the Notice of Opposition and, accordingly,
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`denies each and every allegation set forth therein.
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`8.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 8 of the Notice of Opposition and, accordingly,
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`denies each and every allegation set forth therein.
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`9.
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`Applicant admits the allegations set forth in Paragraph 9 of the Notice of
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`Opposition.
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`10.
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`Applicant admits the allegations set forth in Paragraph 10 of the Notice of
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`Opposition.
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`11.
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`Applicant admits the allegations set forth in Paragraph 11 of the Notice of
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`Opposition.
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`12.
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`Applicant denies each and every allegation set forth in Paragraph 12 of the Notice
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`of Opposition.
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`13.
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`Applicant denies each and every allegation set forth in Paragraph 13 of the Notice
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`of Opposition.
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`2
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`14.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 14 of the Notice of Opposition and, accordingly,
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`denies each and every allegation set forth therein.
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`15.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 15 of the Notice of Opposition and, accordingly,
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`denies each and every allegation set forth therein.
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`16.
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`Applicant denies each and every allegation set forth in Paragraph 16 of the Notice
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`of Opposition.
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`17.
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`Applicant denies each and every allegation set forth in Paragraph 17 of the Notice
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`of Opposition.
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`18.
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`Applicant denies each and every allegation set forth in Paragraph 18 of the Notice
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`of Opposition.
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`19.
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`Applicant denies each and every allegation set forth in Paragraph 19 of the Notice
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`of Opposition.
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`20.
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`Applicant denies each and every allegation set forth in Paragraph 20 of the Notice
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`of Opposition.
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`21.
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`Applicant admits only that registration of his FITI DARE mark would provide
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`him at least prima facie rights to the use of his mark. Applicant denies each and every remaining
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`allegation set forth in Paragraph 21 of the Notice of Opposition.
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`22.
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`Applicant denies each and every allegation set forth in Paragraph 22 of the Notice
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`of Opposition.
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`3
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`DENIAL OF PRAYER FOR RELIEF
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`Applicant denies that Opposer is entitled to any of the relief sought in its prayer for relief
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`against Applicant.
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`Respectfully submitted,
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`SEBASTIAN WIERZGACZ
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`By: /kmh355/
`Kevin Haynie
`YourTrademarkAttorney.com
`167 Lamp and Lantern Village, #220
`Chesterfield, MO 63017-8208
`Tel: (480) 360-3499
`kevin@yourtrademarkattorney.com
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`Dated:
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`4/4/2024
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing has been served by
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`emailing said copy on 4/4/2024 to:
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`Matthew A. Barlow
`Attorney for Opposer
`mbarlow@wnlaw.com
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`
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`/kmh355/
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`Kevin Haynie, Attorney for Applicant
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`4
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