ESTTA Tracking number:
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`ESTTA1390506
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`Filing date:
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`10/18/2024
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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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`91292521
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`Party
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`Correspondence
`address
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`Defendant
`Elmore, Jamie Rochelle
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`REBECCA Y. MCCURRY
`PIRKEY BARBER PLLC
`1801 EAST 6TH STREET, SUITE 300
`AUSTIN, TX 78702
`UNITED STATES
`Primary email: tmcentral@pirkeybarber.com
`Secondary email(s): rmccurry@pirkeybarber.com, jfalk@pirkeybarber.com
`No phone number provided
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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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`Answer
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`Christopher M. Weimer
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`tmcentral@pirkeybarber.com, rmccurry@pirkeybarber.com,
`cweimer@pirkeybarber.com, eolson@pirkeybarber.com
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`/Christopher M. Weimer/
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`10/18/2024
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`Attachments
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`Answer to Notice of Opposition.pdf(118918 bytes )
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`HUGO BOSS AG,
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`Opposer,
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`v.
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`Opposition No. 91292521
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`§
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`JAMIE ROCHELLE ELMORE,
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`Applicant.
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`APPLICANT’S ANSWER
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`Pursuant to Trademark Rules 2.106 and 2.114, and TBMP §311, Applicant submits the
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`following Answer in response to Opposer’s Notice of Opposition in this proceeding.
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`With regard to the introductory paragraph, Applicant denies that Opposer is being or will
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`be damaged by registration of the mark BALD BOSS as shown in Application Serial No.
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`97911233. Applicant admits that the goods and services described in the paragraph for the
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`Application are accurate, and that the Application was filed in the name of Jamie Rochelle Elmore.
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`To the extent any further response is required, Applicant lacks knowledge or information sufficient
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`to form a belief about the truth of the allegations in this paragraph, and therefore denies the same.
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`1.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 1, and therefore denies the same.
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`2.
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`To the extent paragraph 2 states a legal conclusion about Opposer’s alleged
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`“family” of marks, no response to the allegation is required, but it is denied. Applicant otherwise
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`lacks knowledge or information sufficient to form a belief about the truth of the allegations in
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`paragraph 2, and therefore denies the same.
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`3.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 3, and therefore denies the same.
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`1
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`4.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 4, and therefore denies the same.
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`5.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 5, and therefore denies the same.
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`6.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 6, and therefore denies the same.
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`7.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 7, and therefore denies the same.
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`8.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 8, and therefore denies the same.
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`9.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 9, and therefore denies the same.
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`10.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 10, and therefore denies the same.
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`11.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 11, and therefore denies the same.
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`12.
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`Applicant lacks knowledge or information sufficient to form a belief about the truth
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`of the allegations in paragraph 12, and therefore denies the same.
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`13.
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`To the extent paragraph 13 states a legal conclusion about the recognition of
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`Opposer’s marks, no response to the allegation is required, but it is denied. Applicant otherwise
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`lacks knowledge or information sufficient to form a belief about the truth of the allegations in
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`paragraph 13, and therefore denies the same.
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`14.
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`Denied.
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`2
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`15.
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`Paragraph 15 contains no factual allegations requiring a response.
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`16.
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`Admitted.
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`17.
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`Denied.
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`18.
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`Denied.
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`19.
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`Denied.
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`20.
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`Applicant admits that Opposer does not offer the services and/or goods sold by
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`Applicant under Applicant’s mark. To the extent any further response is required, denied.
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`21.
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`Denied.
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`22.
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`Denied.
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`23.
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`Denied.
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`24.
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`Denied.
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`25.
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`Denied.
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`26.
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`Denied.
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`27.
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`Denied.
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`28.
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`Admitted that Applicant would obtain a registration if the Application is allowed
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`to proceed. Otherwise denied.
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`29.
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`Denied.
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`30.
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`Paragraph 30 contains no factual allegations requiring a response.
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`31.
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`Denied.
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`32.
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`Denied.
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`33.
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`Denied.
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`34.
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`Denied.
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`35.
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`Denied.
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`3
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`36.
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`Denied.
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`Applicant denies any further allegations or factual statements contained in the prayer of
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`the Notice of Opposition. Applicant denies that Opposer is entitled to the relief requested in the
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`unnumbered paragraph following the allegations in its notice of opposition.
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`Date: October 18, 2024
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`Respectfully submitted,
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` / Christopher M. Weimer/
`Rebecca McCurry
`Christopher M. Weimer
`Pirkey Barber PLLC
`1801 E. 6th Street, Suite 300
`Austin, TX 78702
`Tel: (512) 322-5200
`rmccurry@pirkeybarber.com
`cweimer@pirkeybarber.com
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`ATTORNEYS FOR OPPOSER
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`CERTIFICATE OF SERVICE
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`This is to certify that on October 18, 2024, a copy of the foregoing APPLICANT’S
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`ANSWER was served via email on Applicant’s attorney of record:
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`Sixtine Bousquet-Lambert
`IP Legal Counsel HUGO BOSS Fashion Inc.
`55 Water Street, 48th floor
`New York, NY 10041 USA
`sixtine_bousquetlambert@hugoboss.com
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`/Christopher M. Weimer/
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`4
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