`
`Filing date:
`
`ESTTA1361206
`05/28/2024
`
`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
`
`KOBO Labs LLC
`
`LLC
`
`912 GARDNER STREET
`HOUSTON, TX 77009
`UNITED STATES
`
`Incorporated or
`registered in
`
`TX
`
`Attorney informa-
`tion
`
`LAUREN ALDREDGE
`COKINOS YOUNG
`900 S. CAPITAL OF TEX. HWY, SUITE 425
`AUSTIN, TX 78746
`UNITED STATES
`Primary email: laldredge@cokinoslaw.com
`Secondary email(s): laldredge@cokinoslaw.com, nprestegard@cokinoslaw.com
`5126151148
`
`Docket no.
`
`7847.1
`
`Applicant information
`
`Application no.
`
`98079063
`
`Opposition filing
`date
`
`Applicant
`
`05/28/2024
`
`Shields Mark
`8 AUGUSTUS TERRACE
`TORONTO, M8Z0E4
`CANADA
`
`Goods/services affected by opposition
`
`Publication date
`
`04/30/2024
`
`Opposition period
`ends
`
`05/30/2024
`
`Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Protective eyewear; Sports eyewear
`
`Class 028. First Use: Jun 27, 2023 First Use In Commerce: Jun 27, 2023
`All goods and services in the class are opposed, namely: Paddle balls; Paddles for playing a paddle-
`ball-style sport using perforated plastic balls; Paddles for use in paddle ball games
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark cited by opposer as basis for opposition
`
`U.S. application
`no.
`
`90814588
`
`Application date
`
`07/07/2021
`
`Registration date
`
`NONE
`
`Foreign priority
`
`NONE
`
`
`
`Word mark
`
`Design mark
`
`KOBO
`
`date
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 008. First use: First Use: Feb 1, 2024 First Use In Commerce: Feb 1,
`2024
`Fishing line cutters; Fishing pliers; Fishing tackle pliers
`Class 025. First use: First Use: Aug 25, 2023 First Use In Commerce: Aug 25,
`2023
`Gloves; Fishing shirts; Sun protective clothing, namely, sun shades for the neck
`and face; Athletic apparel, namely, footwear, hats and caps, athletic uniforms;
`Outdoor gloves
`Class 028. First use: First Use: Aug 23, 2023 First Use In Commerce: Aug 23,
`2023
`Fish hook removers; Fish hook removers being fishing tackle; Fish hooks; Fish-
`ing clamps for use in holding fish to remove fish hooks; Fishing creels; Fishing
`flies; Fishing floats; Fishing fly boxes; Fishing gaffs; Fishing harnesses; Fishing
`hooks; Fishing leaders; Fishing lines; Fishing lure boxes; Fishing lure parts;
`Fishing plumbs; Fishing poles; Fishing reels; Fishing rod blanks; Fishing rod
`cases; Fishing rod handles; Fishing rod holders; Fishing rod racks; Fishing
`rods;Fishing weights; Artificial fishing bait; Artificial fishing lures; Artificial baits
`for fishing; Artificial chum for fishing; Bite indicators; Bite sensors; Lines for fish-
`ing; Lures for fishing; Reels for fishing; Rods for fishing
`
`Attachments
`
`90814588#TMSN.png( bytes )
`2024-28-05 Notice of Opposition KOBO.pdf(178185 bytes )
`KOBO oppo Ex A.pdf(37706 bytes )
`KOBO oppo Ex B.pdf(439117 bytes )
`
`Signature
`
`/Lauren Aldredge/
`
`Name
`
`Date
`
`Lauren Aldredge
`
`05/28/2024
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`§
`§
`§
`§
`§
`§
`§
`
`KOBO LABS, LLC
`Opposer
`
`
`vs.
`
`MARK SHIELDS
`
` Applicant
`
`
`
`
`
`OPPOSITION NO. __________
`
`
`Serial No.:
`Mark:
`Class:
`Filed:
`Published:
`
`98079063
`KOBO
`009, 028
`June 11, 2023
`April 30, 2024
`
`
`NOTICE OF OPPOSITION
`
`TO THE COMMISSIONER OF TRADEMARKS:
`
`
`
`KOBO Labs, LLC, a corporation organized under the laws of the State of Texas and located
`
`at 912 Gardner St, Houston, Texas 77009 (“Opposer”) believes it will be damaged by registration
`
`of the word mark shown in Application Serial No. 98079063 by Mark Shields, an individual
`
`located at 8 Augustus Terrace, Toronto, Canada, M8Z0E4 (“Applicant”), and in support would
`
`show the following.
`
`
`
`Solely for the purpose of this proceeding, Opposer alleges the following as grounds for
`
`opposition:
`
`1. Applicant seeks to register the word mark KOBO shown in Application Serial No.
`
`98079063 for sporting goods and related products in International Classes 009 and 028.
`
`Applicant filed his application under both an intent-to-use basis for Class 009 and a use-
`
`in-commerce basis for Class 028. The alleged first use for Class 028 is June 27, 2023. The
`
`application for such mark was filed with the USPTO on July 11, 2023.
`
`
`
`2. Opposer is a leader and innovator in the sport fishing and related industries and sells goods
`
`and services associated with sporting and fishing in the United States.
`
`3. Opposer filed for registration of its word mark for KOBO in Serial No. 90814588 on July
`
`7, 2021 under an intent-to-use basis for International Classes 008, 025, and 028. A true
`
`and correct copy of Opposer’s application is attached as Exhibit A. Opposer filed its
`
`statement of use (“SOU”) for all three classes on February 28, 2024 and a post-notice of
`
`allowance amendment (“NOA”) of May 10, 2024. Through its SOU and NOA
`
`Amendment, Opposer demonstrated it has been using Opposer’s mark on a regular and
`
`recurring basis in commerce for various fishing and sporting related goods and services
`
`and products in International Classes 008 since at least February 1, 2024, in International
`
`Class 025 since Aug. 25, 2022, and in International Class 028 since August 23, 2023.
`
`Accordingly, Opposer’s mark as to Classes 025 and 028 precedes any known date of first
`
`or constructive first use for Applicant’s mark. A true and correct copy of Opposer’s
`
`Statement of Use and post-notice of allowance amendment is attached as Exhibit B.
`
`4. Opposer has standing to oppose Applicant’s mark because Opposer would be damaged by
`
`the registration of Applicant’s mark as described herein.
`
`5. Opposer alleges that Applicant’s mark is likely to cause confusion, mistake or deceive the
`
`public in relation to Opposer’s mark. Applicant’s mark is identical and thus confusingly
`
`similar to Opposer’s mark. The test for likelihood of confusion in opposition proceedings
`
`is determined by weighing the factors set out in E. I. Du Pont de Nemours & Co., 476 F.2d
`
`1357, 177 U.S.P.Q. 563 (C.C.P.A. 1973). While all relevant factors are considered, two
`
`factors predominate the inquiry: (1) relatedness of the goods and/or services; and (2)
`
`
`
`similarity of the marks. See In re i.am.symbolic, LLC, 866 F.3d 1315, 1322 (Fed. Cir.
`
`2017).
`
`6. First, Applicant goods overlap with, and are related to Opposer’s goods, including the
`
`goods and services sold under Opposer’s mark, and are otherwise within Opposer’s zone
`
`of natural expansion. To find a likelihood of confusion, the goods and/or services at
`
`compared need not be identical or competitive, but rather need only be “related in some
`
`manner and/or if the circumstances surrounding their marketing are such that they could
`
`give rise to the mistaken belief that [the goods and/or services] emanate from the same
`
`source. Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369 (Fed. Cir. 2012).
`
`7. As shown by Applicant’s application and Opposer’s application, both marks are used in
`
`connection with sporting and otherwise athletic activities, which a consumer could expect
`
`to find at the same store. Neither party has restricted its use geographically or to certain
`
`trade channels and therefore the goods and services are presumed to travel in all normal
`
`and usual channels of trade and methods of distribution. See in re i.am.symbolic, 866 F.3d
`
`at 1325.
`
`8. The geographic separation between the mark owners does not alter this result because both
`
`marks concern products that are offered on the internet. Accordingly, potential customers
`
`are not likely to know or be influenced by the owners physical location. Accordingly, the
`
`subject services and goods are overlapping and within Opposer’s zone of natural
`
`expansion, and travel in identical trade channels and methods of distribution.
`
`9. Second, the subject marks are confusingly similar in appearance sound, connotation, and
`
`commercial impression. “The proper test is not a side-by-side comparison of the marks,
`
`but instead whether the marks are sufficiently similar in terms of their commercial
`
`
`
`impression such that persons who encounter the marks would be likely to assume a
`
`connection between the parties.” Id. at 1323. Moreover, where the goods and/or services
`
`of an applicant and registrant are identical or virtually identical, the degree of similarity
`
`between the marks required to support a finding that confusion is likely declines. See Cai
`
`v. Diamond Hong, Inc., 901 F.3d 1367, 1374 (Fed. Cir. 2018). Any doubt as to confusion
`
`is resolved in favor of the registrant. See Hewlett-Packard Co. v. Packard Press, Inc., 281
`
`F.3d 1261, 1265 (Fed. Cir. 2002).
`
`10. Here, Applicant’s mark is identical in every aspect to Opposer’s marks. Both parties’ marks
`
`are for the word mark: KOBO.
`
`11. Opposer avers that if Applicant is granted registration herein opposed, it would interfere
`
`with Opposer’s exclusive right to use its mark to the detriment and damage of Opposer.
`
`WHEREFORE, Opposer prays as follows:
`
`1. That this Opposition be sustained; and
`
`2. That Application Serial No. 90814588 be rejected.
`
`
`
`Dated: May 28, 2024
`
`Respectfully submitted,
`
`MY VINYASA PRACTICE, LLC
`
`By: /s/ Lauren S. Aldredge
`LAUREN S. ALDREDGE
`
`COKINOS | YOUNG
`Las Cimas IV
`900 S. Capital of Texas Highway,
`Suite 425
`Austin, Texas 78746
`(512) 476-1080 (Office)
`(512) 615-1148 (Direct)
`
`
`
`(512) 610-1184 (Fax)
`laldredge@cokinoslaw.com
`
`ATTORNEY FOR MY VINYASA
`PRACTICE, LLC
`
`
`
`
`PTO- 1478
`
`Approved for use through 07/31/2021. OMB 0651-0009
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 90814588
`Filing Date: 07/07/2021
`
`NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
`under the facts of the particular application.
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`TEAS Plus
`
`MARK INFORMATION
`
`*MARK
`
`*STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`*MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`YES
`
`KOBO
`
`YES
`
`YES
`
`KOBO
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`KOBO Labs, LLC
`
`912 W Gardner St
`
`Houston
`
`Texas
`
`*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`PHONE
`
`*EMAIL ADDRESS
`
`LEGAL ENTITY INFORMATION
`
`77009
`
`512-615-1148
`
`XXXX
`
`*TYPE
`
`LIMITED LIABILITY COMPANY
`
`* STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`WHERE LEGALLY ORGANIZED
`
`Texas
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`008
`
`Fishing line cutters; Fishing pliers; Fishing tackle pliers
`
`
`
`*FILING BASIS
`
`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`SECTION 1(b)
`
`021
`
`Cups; Tumblers for use as drinking glasses; Drinking glasses,
`namely, tumblers
`
`SECTION 1(b)
`
`025
`
`Gloves; Sun protective clothing, namely, sun shades for the
`neck and face; Outdoor gloves
`
`SECTION 1(b)
`
`025
`
`Fishing shirts; Athletic apparel, namely, shirts, pants, jackets,
`footwear, hats and caps, athletic uniforms
`
`SECTION 1(b)
`
`028
`
`Fish hook removers; Fish hook removers being fishing tackle;
`Fish hooks; Fishing clamps for use in holding fish to remove
`fish hooks; Fishing creels; Fishing flies; Fishing floats; Fishing
`fly boxes; Fishing gaffs; Fishing harnesses; Fishing leaders;
`Fishing lines; Fishing lure boxes; Fishing lure parts; Fishing
`lures; Fishing plumbs; Fishing rod blanks; Fishing rod cases;
`Fishing rod handles; Fishing rod holders; Fishing rod racks;
`Fishing tackle; Fishing weights; Artificial fishing bait;
`Artificial fishing lures; Artificial baits for fishing; Artificial
`chum for fishing; Bite indicators; Bite sensors; Lures for
`fishing
`
`SECTION 1(b)
`
`028
`
`Fishing hooks; Fishing poles; Fishing reels; Fishing rods;
`Lines for fishing; Reels for fishing; Rods for fishing
`
`SECTION 1(b)
`
`ADDITIONAL STATEMENTS INFORMATION
`
`*TRANSLATION
`(if applicable)
`
`*TRANSLITERATION
`(if applicable)
`
`*CLAIMED PRIOR REGISTRATION
`(if applicable)
`
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`*CONCURRENT USE CLAIM
`(if applicable)
`
`ATTORNEY INFORMATION
`
`NAME
`
`ATTORNEY DOCKET NUMBER
`
`ATTORNEY BAR MEMBERSHIP NUMBER
`
`YEAR OF ADMISSION
`
`
`
`
`
`
`
`
`
`
`
`Lauren Aldredge
`
`7847.001
`
`XXX
`
`XXXX
`
`
`
`U.S. STATE/ COMMONWEALTH/ TERRITORY
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`EMAIL ADDRESS
`
`XX
`
`Cokinos Young
`
`900 S. Capital of Tex. Hwy, Suite 425
`
`Austin
`
`Texas
`
`United States
`
`78746
`
`512-615-1148
`
`laldredge@cokinoslaw.com
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`Lauren Aldredge
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`laldredge@cokinoslaw.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`NOT PROVIDED
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`* SIGNATURE
`
`* SIGNATORY'S NAME
`
`* SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`* DATE SIGNED
`
`SIGNATURE METHOD
`
`TEAS Plus
`
`4
`
`250
`
`1000
`
`1000
`
`/Lauren Aldredge/
`
`Lauren Aldredge
`
`Attorney of record, Texas bar member
`
`512-615-1148
`
`07/07/2021
`
`Signed directly within the form
`
`
`
`PTO- 1478
`
`Approved for use through 07/31/2021. OMB 0651-0009
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 90814588
`Filing Date: 07/07/2021
`
`To the Commissioner for Trademarks:
`
`MARK: KOBO (Standard Characters, see mark)
`The literal element of the mark consists of KOBO. The mark consists of standard characters, without claim to any particular font style, size, or
`color.
`The applicant, KOBO Labs, LLC, a limited liability company legally organized under the laws of Texas, having an address of
` 912 W Gardner St
` Houston, Texas 77009
` United States
` 512-615-1148(phone)
` XXXX
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`For specific filing basis information for each item, you must view the display within the Input Table.
`International Class 008: Fishing line cutters; Fishing pliers; Fishing tackle pliers
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services. (15 U.S.C. Section 1051(b)).
`
`For specific filing basis information for each item, you must view the display within the Input Table.
`International Class 021: Cups; Tumblers for use as drinking glasses; Drinking glasses, namely, tumblers
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services. (15 U.S.C. Section 1051(b)).
`
`For specific filing basis information for each item, you must view the display within the Input Table.
`International Class 025: Gloves; Fishing shirts; Sun protective clothing, namely, sun shades for the neck and face; Athletic apparel, namely,
`shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Outdoor gloves
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services. (15 U.S.C. Section 1051(b)).
`
`For specific filing basis information for each item, you must view the display within the Input Table.
`International Class 028: Fish hook removers; Fish hook removers being fishing tackle; Fish hooks; Fishing clamps for use in holding fish to
`remove fish hooks; Fishing creels; Fishing flies; Fishing floats; Fishing fly boxes; Fishing gaffs; Fishing harnesses; Fishing hooks; Fishing
`leaders; Fishing lines; Fishing lure boxes; Fishing lure parts; Fishing lures; Fishing plumbs; Fishing poles; Fishing reels; Fishing rod blanks;
`Fishing rod cases; Fishing rod handles; Fishing rod holders; Fishing rod racks; Fishing rods; Fishing tackle; Fishing weights; Artificial fishing
`bait; Artificial fishing lures; Artificial baits for fishing; Artificial chum for fishing; Bite indicators; Bite sensors; Lines for fishing; Lures for
`fishing; Reels for fishing; Rods for fishing
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services. (15 U.S.C. Section 1051(b)).
`
`The owner's/holder's proposed attorney information: Lauren Aldredge. Lauren Aldredge of Cokinos Young, is a member of the XX bar, admitted
`to the bar in XXXX, bar membership no. XXX, is located at
` 900 S. Capital of Tex. Hwy, Suite 425
` Austin, Texas 78746
` United States
` 512-615-1148(phone)
`
`
`
` laldredge@cokinoslaw.com
`The docket/reference number is 7847.001.
`Lauren Aldredge submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court
`of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
`The applicant's current Correspondence Information:
`
` Lauren Aldredge
`
` PRIMARY EMAIL FOR CORRESPONDENCE: laldredge@cokinoslaw.com
` SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
`
`Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and
`the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark
`Electronic Application System (TEAS).
`A fee payment in the amount of $1000 has been submitted with the application, representing payment for 4 class(es).
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`Declaration
`
`The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
`The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the
`goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in
`connection with the goods/services in the application as of the application filing date; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`And/Or
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
`and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as
`of the application filing date on or in connection with the goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
`mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
`goods/services of such other persons, to cause confusion or mistake, or to deceive.
`
`To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
`allegations and other factual contentions made above have evidentiary support.
`
`The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
`1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
`resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
`belief are believed to be true.
`
`Declaration Signature
`
`Signature: /Lauren Aldredge/ Date: 07/07/2021
`Signatory's Name: Lauren Aldredge
`Signatory's Position: Attorney of record, Texas bar member
`Signatory's Phone Number: 512-615-1148
`Signature method: Signed directly within the form
`Payment Sale Number: 90814588
`Payment Accounting Date: 07/07/2021
`
`Serial Number: 90814588
`Internet Transmission Date: Wed Jul 07 09:49:21 ET 2021
`TEAS Stamp: USPTO/FTK-XX.XXX.X.XX-202107070949213452
`66-90814588-78049216ae7d8c87dedec27961e6
`5b31fcb48be61df73f6dc75e171854f84bd2289-
`
`
`
`DA-49201071-20210707094322187169
`DA-49201071-20210707094322187169
`
`
`
`
`KOBO
`
`
`
`PTO- 1553
`
`Approved for use through 03/31/2024. OMB 0651-0054
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`Trademark/Service Mark Statement of Use
`(15 U.S.C. Section 1051(d))
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`EXTENSION OF USE
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`OWNER SECTION
`
`NAME
`
`MAILING ADDRESS
`
`CITY
`
`STATE
`
`ZIP/POSTAL CODE
`
`STATE/COUNTRY/REGION/JURISDICTION/U.S.
`TERRITORY
`
`PHONE
`
`
`90814588
`
`NO
`
`mark
`
`KOBO
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular
`font style, size or color.
`
`KOBO Labs, LLC
`
`912 W Gardner St
`
`Houston
`
`Texas
`
`77009
`
`United States
`
`512-615-1148
`
`XXXX
`
`CORRESPONDENCE INFORMATION (current)
`
`NAME
`
`Lauren Aldredge
`
`PRIMARY EMAIL ADDRESS FOR
`CORRESPONDENCE
`
`laldredge@cokinoslaw.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY
`COPIES)
`
`jmoore@cokinoslaw.com
`
`CORRESPONDENCE INFORMATION (proposed)
`
`NAME
`
`Lauren Aldredge
`
`PRIMARY EMAIL ADDRESS FOR
`CORRESPONDENCE
`
`laldredge@cokinoslaw.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY
`COPIES)
`
`jmoore@cokinoslaw.com
`
`DOCKET/REFERENCE NUMBER
`
`7847.001
`
`GOODS AND/OR SERVICES SECTION
`
`
`
`INTERNATIONAL CLASS
`
`008
`
`CURRENT IDENTIFICATION
`
`Fishing line cutters; Fishing pliers; Fishing tackle pliers
`
`GOODS OR SERVICES
`
`KEEP ALL LISTED
`
`FIRST USE ANYWHERE DATE
`
`FIRST USE IN COMMERCE DATE
`
`02/01/2024
`
`02/01/2024
`
`SPECIMEN FILE NAME(S)
`
`\\TICRS\EXPORT18\IMAGEOUT 18\908\145\90814588\xml1 4
`\SOU0002.JPG
`
`SPECIMEN DESCRIPTION
`
`Fishing pliers with applied for mark
`
` WEBPAGE URL
`
` WEBPAGE DATE OF ACCESS
`
`INTERNATIONAL CLASS
`
`CURRENT IDENTIFICATION
`
`None Provided
`
`None Provided
`
`025
`
`Gloves; Fishing shirts; Sun protective clothing, namely, sun shades for the
`neck and face; Athletic apparel, namely, footwear, hats and caps, athletic
`uniforms; Outdoor gloves
`
`GOODS OR SERVICES
`
`KEEP ALL LISTED
`
`FIRST USE ANYWHERE DATE
`
`FIRST USE IN COMMERCE DATE
`
`08/23/2023
`
`08/23/2023
`
`SPECIMEN FILE NAME(S)
`
`\\TICRS\EXPORT18\IMAGEOUT 18\908\145\90814588\xml1 4
`\SOU0003.JPG
`
`SPECIMEN DESCRIPTION
`
`Picture of apparel with applied for mark
`
` WEBPAGE URL
`
` WEBPAGE DATE OF ACCESS
`
`INTERNATIONAL CLASS
`
`None Provided
`
`None Provided
`
`028
`
`CURRENT IDENTIFICATION
`
`Fish hook removers; Fish hook removers being fishing tackle; Fish hooks;
`Fishing clamps for use in holding fish to remove fish hooks; Fishing creels;
`Fishing flies; Fishing floats; Fishing fly boxes; Fishing gaffs; Fishing
`harnesses; Fishing hooks; Fishing leaders; Fishing lines; Fishing lure boxes;
`Fishing lure parts; Fishing plumbs; Fishing poles; Fishing reels; Fishing rod
`blanks; Fishing rod cases; Fishing rod handles; Fishing rod holders; Fishing
`rod racks; Fishing rods;Fishing weights; Artificial fishing bait; Artificial
`fishing lures; Artificial baits for fishing; Artificial chum for fishing; Bite
`indicators; Bite sensors; Lines for fishing; Lures for fishing; Reels for
`fishing; Rods for fishing
`
`GOODS OR SERVICES
`
`KEEP ALL LISTED
`
`FIRST USE ANYWHERE DATE
`
`FIRST USE IN COMMERCE DATE
`
`SPECIMEN FILE NAME(S)
`
` JPG FILE(S)
`
` ORIGINAL PDF FILE
`
` CONVERTED PDF FILE(S)
` (1 page)
`
`08/23/2023
`
`08/23/2023
`
`\\TICRS\EXPORT18\IMAGEOUT 18\908\145\90814588\xml1 4
`\SOU0004.JPG
`
`SPN2-38104410-20240228145 547888962_.__Fishing_Tack le_-
`_Power_Reel_for_smart __r__-_kobofishing.com.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\908\145\90814588\xml14
`\SOU0005.JPG
`
`SPECIMEN DESCRIPTION
`
`Screenshot of applied for mark in use with claimed goods
`
`
`
`WEBPAGE URL
`
`https://kobofishing.com/
`
`WEBPAGE DATE OF ACCESS
`
`02/28/2024
`
`REQUEST TO DIVIDE
`
`PAYMENT SECTION
`
`NUMBER OF CLASSES IN USE
`
`SUBTOTAL AMOUNT [ALLEGATION OF USE FEE]
`
`TOTAL AMOUNT
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`NO
`
`3
`
`300
`
`300
`
`/Lauren Aldredge/
`
`Lauren Aldredge
`
`SIGNATORY'S POSITION
`
`Attorney of record, Texas bar member
`
`DATE SIGNED
`
`SIGNATORY'S PHONE NUMBER
`
`02/28/2024
`
`5126151148
`
`SIGNATURE METHOD
`
`Signed directly within the form
`
`FILING INFORMATION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Wed Feb 28 15:34:12 ET 2024
`
`USPTO/SOU-XX.XXX.X.XX-202
`40228153412901209-9081458
`8-850b872e6fe6b0e0e8b477d
`da333094b85c8ec78ee6351f1
`b7967bc1042ae79-DA-341252
`00-20240228145547888962
`
`
`
`PTO- 1553
`
`Approved for use through 03/31/2024. OMB 0651-0054
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`
`
`Trademark/Service Mark Statement of Use
`(15 U.S.C. Section 1051(d))
`
`To the Commissioner for Trademarks:
`MARK: KOBO(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/90814588/large)
`SERIAL NUMBER: 90814588
`
`OWNER AND/OR ENTITY INFORMATION
`The owner proposes to amend the following:
`KOBO Labs, LLC, having an address of
` 912 W Gardner St
` Houston, Texas 77009
` United States
` Phone: 512-615-1148
` Email: XXXX
`
`The owner is submitting the following allegation of use information:
`
`For International Class 008:
`Current identification: Fishing line cutters; Fishing pliers; Fishing tackle pliers
`
`The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed
`in the application or Notice of Allowance or as subsequently modified for this specific class.
`
`The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/01/2024,
`and first used in commerce at least as early as 02/01/2024, and is now in use in such commerce. The applicant is submitting one specimen for the
`class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Fishing pliers with applied for
`mark.
`Specimen File1
`
`Webpage URL: None Provided
`Webpage Date of Access: None Provided
`
`For International Class 025:
`Current identification: Gloves; Fishing shirts; Sun protective clothing, namely, sun shades for the neck and face; Athletic apparel, namely,
`footwear, hats and caps, athletic uniforms; Outdoor gloves
`
`The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed
`in the application or Notice of Allowance or as subsequently modified for this specific class.
`
`The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/23/2023,
`and first used in commerce at least as early as 08/23/2023, and is now in use in such commerce. The applicant is submitting one specimen for the
`class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Picture of apparel with applied for
`mark.
`Specimen File1
`
`Webpage URL: None Provided
`Webpage Date of Access: None Provided
`
`For International Class 028:
`Current identification: Fish hook removers; Fish hook removers being fishing tackle; Fish hooks; Fishing clamps for use in holding fish to
`remove fish hooks; Fishing creels; Fishing flies; Fishing floats; Fishing fly boxes; Fishing gaffs; Fishing harnesses; Fishing hooks; Fishing
`leaders; Fishing lines; Fishing lure boxes; Fishing lure parts; Fishing plumbs; Fishing poles; Fishing reels; Fishing rod blanks; Fishing rod cases;
`Fishing rod handles; Fishing rod holders; Fishing rod racks; Fishing rods;Fishing weights; Artificial fishing bait; Artificial fishing lures; Artificial
`
`
`
`baits for fishing; Artificial chum for fishing; Bite indicators; Bite sensors; Lines for fishing; Lures for fishing; Reels for fishing; Rods for fishing
`
`The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed
`in the application or Notice of Allowance or as subsequently modified for this specific class.
`
`The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/23/2023,
`and first used in commerce at least as early as 08/23/2023, and is now in use in such commerce. The applicant is submitting one specimen for the
`class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screenshot of applied for mark in
`use with claimed goods.
`
`JPG file(s):
`Specimen File1
`Original PDF file:
`SPN2-38104410-20240228145 547888962_.__Fishing_Tack le_-_Power_Reel_for_smart __r__-_kobofishing.com.pdf
`Converted PDF file(s) (1 page)
`Specimen File1
`
`Webpage URL: https://kobofishing.com/
`Webpage Date of Access: 02/28/2024
`
`The applicant is not filing a Request to Divide with this Allegation of Use form.
`
`Correspondence Information (current)
` Lauren Aldredge
` PRIMARY EMAIL FOR CORRESPONDENCE: laldredge@cokinoslaw.com
` SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jmoore@cokinoslaw.com
`
`Correspondence Information (proposed)
` Lauren Aldredge
` PRIMARY EMAIL FOR CORRESPONDENCE: laldredge@cokinoslaw.com
` SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jmoore@cokinoslaw.com
`
`The docket/reference number is 7847.001.
`
`Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and
`the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark
`Electronic Application System (TEAS).
`
`A fee payment in the amount of $300 will be submitted with the form, representing payment for the allegation of use for 3 classes.
`
`Declaration
`
`The signatory believes that the applicant is the owner of the mark sought to be registered.
`For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the
`application or notice of allowance, or as subsequently modified.
`For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate
`control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership
`organization in the application or notice of allowance, or as subsequently modified.
`For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized
`users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the
`applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or
`promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
`
`The specimen(s) shows the mark as used on or in connection with the goods/serv