`
`Filing date:
`
`ESTTA1352953
`04/17/2024
`
`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
`
`BuDhaGirl, LLC
`
`Limited Liability Company
`
`1611 DRAGON STREET
`DALLAS, TX 75207
`UNITED STATES
`
`Incorporated or
`registered in
`
`Texas
`
`Attorney informa-
`tion
`
`DUSTIN MAUCK
`REGITZMAUCK PLLC
`1700 PACIFIC AVE, SUITE 2610
`DALLAS, TX 75201
`UNITED STATES
`Primary email: dustin@regitzmauck.com
`Secondary email(s): mike@regitzmauck.com
`2144143816
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`79364064
`
`Publication date
`
`03/19/2024
`
`Opposition filing
`date
`
`International re-
`gistration no.
`
`Applicant
`
`04/17/2024
`
`1716112
`
`Opposition period
`ends
`
`International re-
`gistration date
`
`04/18/2024
`
`01/17/2023
`
`Budhi Mudra Co., Ltd.
`ROOM 807, 10, SAEMUNSA-RO 2-GIL,
`JONGNO-GU SEOUL
`KOREA, REPUBLIC OF
`
`Goods/services affected by opposition
`
`Class 018. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Bags, namely, all purpose sport bags, all-
`purpose carrying bags, bags for sports, beach bags, boston bags, canvas shopping bags, carry-all
`bags, clutch bags, crossbody bags, flight bags, grip bags, handbags, key bags, leather and imitation
`leather bags, messenger bags, sack packs, namely, drawstring bags used as backpacks, school
`bags, school book bags, sling bags, souvenir bags, sports bags, tote bags, travel bags, waist bags,
`and wheeled bags; leather bags; small bags for men; all-purpose athletic bags; change purses; busi-
`ness card cases; rucksacks; briefcases; handbags for ladies; purses; card wallets; tote bags; hand-
`bags; cosmetic bags sold empty; portable cosmetic cases sold empty
`
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Outer jackets; leggings; hats; mufflers as
`neck scarves; shirts; undergarments; swimsuits; stockings; sports jerseys; clothing for children,
`namely, t-shirts, tops, jackets, pants, shorts, socks, and underwear; socks; dresses; apparel, namely,
`
`
`
`jerseys, pants, shorts, t-shirts, shirts, sweatshirts, hooded sweatshirts, sweatpants, vests, tank tops,
`track suits, jackets, anoraks, coats, underwear, belts, sports bras, socks, wrist bands, headbands,
`headwear, hats, baseball caps, visors being headwear, sweatbands, sweaters, skirts, dresses,
`scarves, and gloves; gloves as clothing; belts for clothing; nightwear; blue jeans
`
`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.
`
`4973407
`
`Register
`
`Principal
`
`Registration date
`
`06/07/2016
`
`Word mark
`
`Design mark
`
`BUDHAGIRL
`
`Application date
`
`08/31/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Jul 1, 2014 First Use In Commerce: Jul 1, 2014
`Clothing, namely, shirts and t-shirts; Athletic apparel, namely, shirts; Scarves;
`Hats; Caps
`
`U.S. registration
`no.
`
`4973406
`
`Register
`
`Principal
`
`Registration date
`
`06/07/2016
`
`Word mark
`
`Design mark
`
`BUDHAGIRL
`
`Application date
`
`08/31/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Nov 1, 2014 First Use In Commerce: Nov 1,
`2014
`tablet computer bags
`Class 018. First use: First Use: Nov 1, 2014 First Use In Commerce: Nov 1,
`2014
`All-purpose carrying bags; Handbags, Purses and wallets
`
`U.S. registration
`no.
`
`6013392
`
`Register
`
`Principal
`
`Registration date
`
`03/17/2020
`
`Word mark
`
`BUDHAGIRL
`
`Application date
`
`08/22/2019
`
`Foreign priority
`date
`
`NONE
`
`
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Feb 12, 2013 First Use In Commerce: Feb 12,
`2013
`On-line retail store services featuring jewelry and gifts
`
`Attachments
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`85718737#TMSN.png( bytes )
`85718735#TMSN.png( bytes )
`88588770#TMSN.png( bytes )
`NoticeofOppositionBudhiMudra.pdf(119502 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Dustin Mauck/
`
`Dustin Mauck
`
`04/17/2024
`
`
`
`TRADEMARK OPPOSITION (BUDHI MUDRA)
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE
`THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Serial Nos. 79/364,064
`Mark: “BUDHI MUDRA”
`Filing Date: January 17, 2023
`Publication Date: March 19, 2024
`
`
`
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`BuDhaGirl, LLC
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`Opposer,
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`v.
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`Budhi Mudra Co., Ltd.
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`Applicant.
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`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`Opposition No.
`
`
`
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`BuDhaGirl, LLC (“Opposer”), a Texas limited liability company, believes that it will be
`
`NOTICE OF OPPOSITION
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`damaged by registration of the mark “BUDHI MUDRA” that is the subject of Application Serial
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`No. 79/364,064 filed in International Classes 18 and 25, and hereby opposes this application in
`
`whole for the reasons below.
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`1.
`
`Budhi Mudra Co., Ltd., an entity with an address of Room 807, 10, Saemunsa-ro
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`2-gil, Jongno-gu Seoul, Republic of Korea (“Applicant”), seeks to register the mark “BUDHI
`
`MUDRA” in connection with “bags” and “clothing” as evidenced by a trademark application that
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`was filed on January 17, 2023. This application was published in the Official Gazette on March
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`19, 2024. Opposer opposes Applicant’s registration for the goods listed below:
`
`
`
`1
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`
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`International Class 18 – Bags, namely, all purpose sports bags, all-purpose carrying bags,
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`bags for sports, beach bags, boston bags, canvas shopping bags, carry-all bags, clutch bags,
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`crossbody bags, flight bags, grip bags, handbags, key bags, leather and imitation leather
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`bags, messenger bags, sack packs, namely, drawstring bags used as backpacks, school
`
`bags, school book bags, sling bags, souvenir bags, sports bags, tote bags, travel bags, waist
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`bags, and wheeled bags; leather bags; small bags for men; all-purpose athletic bags; change
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`purses; business card cases; rucksacks; briefcases; handbags for ladies; purses; card
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`wallets; tote bags; handbags; cosmetic bags sold empty; portable cosmetic cases sold empty
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`International Class 25 - Outer jackets; leggings; hats; mufflers as neck scarves; shirts;
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`undergarments; swimsuits; stockings; sports jerseys; clothing for children, namely, t-shirts,
`
`tops, jackets, pants, shorts, socks, and underwear; socks; dresses; apparel, namely, jerseys,
`
`pants, shorts, t-shirts, shirts, sweatshirts, hooded sweatshirts, sweatpants, vests, tank tops,
`
`track suits, jackets, anoraks, coats, underwear, belts, sports bras, socks, wrist bands,
`
`headbands, headwear, hats, baseball caps, visors being headwear, sweatbands, sweaters,
`
`skirts, dresses, scarves, and gloves; gloves as clothing; belts for clothing; nightwear; blue
`
`jeans
`
`2.
`
`Opposer is the owner of multiple “BUDHAGIRL” trademark registrations,
`
`including the following:
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`U.S. Registration No. 4973407 in International Class 25: “Clothing, namely, shirts and t-
`
`shirts; athletic apparel, namely, shirts; scarves; hats; caps,”
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`U.S. Registration No. 4973406 in International Classes 9 and 18: “Tablet Computer Bags”
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`and “All-purpose carrying bags; Handbags, Purses and wallets,” and
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`
`
`2
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`
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`U.S. Registration No. 6013392 in International Class 35: “On-line retail stores services
`
`featuring jewelry and gifts.”
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`3.
`
`Opposer sells goods described in these trademark applications under the
`
`“BUDHAGIRL” trademark and has used its “BUDHAGIRL” trademark in interstate commerce
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`widely and for an extended period of time. Therefore, Opposer has standing to oppose the “BUDHI
`
`MUDRA” trademark application because allowing the application to register would likely cause
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`confusion among “BUDHAGIRL” customers.
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`LIKELIHOOD OF CONFUSION
`
`4.
`
`Opposer would be damaged by registration of Applicant’s “BUDHI MUDRA”
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`mark as set forth in Application Serial No. 79/364,064 because such registration and use of the
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`“BUDHI MUDRA” mark could cause consumer confusion due to the similarities of the
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`“BUDHAGIRL” mark and the “BUDHI MUDRA” mark (appearance, sound, connotation, and
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`commercial impression) and the similarity of the goods and services described in the
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`“BUDHAGIRL” trademark registrations and the bags and clothing described in Applicant’s
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`application. To the extent that the goods described in Applicant’s application are not explicitly
`
`described in Opposer’s registrations, the goods are of such similarity and nature as to cause
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`consumer confusion. Such confusion may result in the loss of business and/or dilution of Opposer’s
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`“BUDHAGIRL” trademark.
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`5.
`
`Opposer has priority of use of its “BUDHAGIRL” trademarks, in part by virtue of
`
`ownership of the above-referenced trademark registrations. Trademark Registration Nos. 4973407
`
`and 4973406 were filed on August 31, 2012, and registered on July 7, 2016, which is prior to any
`
`date of first use on which Applicant can rely.
`
`
`
`3
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`
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`6.
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`The registrations of Applicant’s trademark application would violate 15 U.S.C. §
`
`1052(d) (Trademark Act Section 2(d)) because “BUDHI MUDRA” consists of or comprises a
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`mark which so resembles one or more of the “BUDHAGIRL” marks registered in the Patent and
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`Trademark Office and used in commerce in the United States, as to be likely, when used on or in
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`connection with the goods of the Applicant, to cause confusion, or to cause mistake, or to deceive.
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`WHEREFORE, Opposer prays that the registrations sought by Applicant (Serial No.
`
`79/364,064) be REFUSED and that this Opposition be SUSTAINED. The fee required under 37
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`C.F.R. § 2.6(17) is enclosed.
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`All correspondence and telephonic communications should be directed to:
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`Dustin Mauck
`RegitzMauck PLLC
`1700 Pacific Ave, Suite 2610
`Dallas, Texas 75201
`(214) 414-3816
`dustin@regitzmauck.com
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`4
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`Dated: April 17, 2024
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`Respectfully Submitted,
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`/Dustin M. Mauck/
`Dustin M. Mauck, Reg. #57,872
`Texas Bar No. 24046373
`Date of Admission: 2004
`In Good Standing in Texas
`dustin@regitzmauck.com
`Michael B. Regitz, Reg. #55,838
`Texas Bar No. 24051238
`Date of Admission: 2005
`In Good Standing in Texas
`mike@regitzmauck.com
`
`RegitzMauck PLLC
`1700 Pacific Ave., Suite 2610
`Dallas, Texas 75201
`Telephone: (214) 414-3813
`Telephone: (214) 414-3814
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`COUNSEL FOR OPPOSER
`BUDHAGIRL, LLC
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`5
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing NOTICE OF OPPOSITION
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`has been served on Budhi Mudra Co., Ltd. by forwarding said copy to the attorney of record on
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`April 17, 2024 via e-mail to:
`
`Sang Ho Lee
`Bridgeway IP Law Group, PLLC
`11350 Random Hills Road, Suite 800
`Fairfax, Virginia 22030
`djung@bridgewayip.com; slee@bridgewayip.com
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`/Dustin M. Mauck/
`Dustin M. Mauck, Reg. #57,782
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