ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1373608
`07/26/2024
`
`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
`
`Carruthers & Roth, P.A.
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`07/31/2024
`
`235 N. EDGEWORTH STREET
`GREENSBORO, NC 27401
`UNITED STATES
`
`JAMES L. LESTER
`MACCORD MASON PLLC
`MACCORD MASON PLLC
`2733 HORSE PEN CREEK RD. SUITE 101
`GREENSBORO, NC 27410
`UNITED STATES
`Primary email: docketing@maccordmason.com
`Secondary email(s): jlester@maccordmason.com
`3362734422
`
`Docket no.
`
`10485-001
`
`Applicant information
`
`Application no.
`
`97520592
`
`Opposition filing
`date
`
`Applicant
`
`07/26/2024
`
`Crumley Roberts LLP
`2400 FREEMAN MILL ROAD
`GREENSBORO, NC 27406
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`04/02/2024
`
`Opposition period
`ends
`
`07/31/2024
`
`Class 045. First Use: Apr 2021 First Use In Commerce: Apr 2021
`All goods and services in the class are opposed, namely: Legal services in the field of personal injury
`
`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.
`
`98193124
`
`Application date
`
`09/22/2023
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`
`
`Filing date:
`
`ESTTA1373608
`07/26/2024
`
`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
`
`Carruthers & Roth, P.A.
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`07/31/2024
`
`235 N. EDGEWORTH STREET
`GREENSBORO, NC 27401
`UNITED STATES
`
`JAMES L. LESTER
`MACCORD MASON PLLC
`MACCORD MASON PLLC
`2733 HORSE PEN CREEK RD. SUITE 101
`GREENSBORO, NC 27410
`UNITED STATES
`Primary email: docketing@maccordmason.com
`Secondary email(s): jlester@maccordmason.com
`3362734422
`
`Docket no.
`
`10485-001
`
`Applicant information
`
`Application no.
`
`97520592
`
`Opposition filing
`date
`
`Applicant
`
`07/26/2024
`
`Crumley Roberts LLP
`2400 FREEMAN MILL ROAD
`GREENSBORO, NC 27406
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`04/02/2024
`
`Opposition period
`ends
`
`07/31/2024
`
`Class 045. First Use: Apr 2021 First Use In Commerce: Apr 2021
`All goods and services in the class are opposed, namely: Legal services in the field of personal injury
`
`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.
`
`98193124
`
`Application date
`
`09/22/2023
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`
`
`Word mark
`
`Design mark
`
`C R CARRUTHERS & ROTH, PA ATTORNEYS AT LAW
`
`Description of
`mark
`
`Goods/services
`
`U.S. application
`no.
`
`The mark consists of the letters "C" and "R" separated by a broken vertical line
`with a rectangular dot within the line break, with all of the foregoing within a rect-
`angle, with such rectangle being above the words "Carruthers & Roth, PA" be-
`neath which is a horizontal line, beneath which are the words "ATTORNEYS AT
`LAW".
`
`Class 045. First use: First Use: Dec 31, 2004 First Use In Commerce: Dec 31,
`2004
`Legal services
`
`98193180
`
`Application date
`
`09/22/2023
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`C R CARRUTHERS & ROTH, PA ATTORNEYS AT LAW
`
`The mark consists of the letters "C" and "R" separated by a broken vertical line
`with a rectangular dot within the line break, with all of the foregoing to the left of
`the words "Carruthers & Roth, PA" beneath which is a horizontal line, beneath
`which are the words "ATTORNEYS AT LAW".
`
`Class 045. First use: First Use: Dec 31, 2012 First Use In Commerce: Dec 31,
`2012
`Legal services
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`NONE
`
`NONE
`
`NONE
`
`Application date
`
`NONE
`
`
`
`Mark
`
`Goods/services
`
`Legal services
`
`Attachments
`
`98193124#TMSN.png( bytes )
`98193180#TMSN.png( bytes )
`CR mark_cr.jpg
`CR Notice of Opposition.pdf(184968 bytes )
`
`Signature
`
`/James L. Lester/
`
`Name
`
`Date
`
`James L. Lester
`
`07/26/2024
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Carruthers & Roth, P.A.
`Opposer,
`
`
`
`
`
`
`
`vs.
`
`
`
`
`
`
`
`
`Crumley Roberts LLP,
`Applicant
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Opposition No. ___________
`Application Serial No. 97/520592
`Filed July 26, 2022
`
`For the mark CR LEGAL TEAM
`Published in the Official Gazette on
`April 2, 2024
`
`
`Carruthers & Roth, P.A., a North Carolina Professional Association, with a principal
`
`NOTICE OF OPPOSITION
`
`place of business at 235 N. Edgeworth St., Greensboro, NC 27401 ("Opposer"), believes
`
`that it will be damaged by registration of the mark shown in the application bearing Serial
`
`No. 97/520592 for legal services in the field of personal injury listed in Class 45 and
`
`hereby opposes such registration.
`
`As grounds for opposition, Opposer submits the following:
`
`1.
`
`Opposer is the owner of the mark CR as a result of having used that mark in
`
`commerce in association with legal services since at least as early as May 7, 2004. Shown
`
`below is the stylized CR mark that Opposer has used for at least 20 years.
`
`2.
`
`Opposer has filed Trademark Applications 98/193124 and 98/193180 for design
`
`marks for C R CARRUTHERS & ROTH, PA ATTORNEYS AT LAW, for Legal Services in
`
`
`
`Class 45.
`
`
`
`1
`
`
`
`3.
`
`Opposer is a prominent general practice law firm headquartered in Greensboro,
`
`North Carolina that has been organized under the name Carruthers & Roth, P.A. since 1986.
`
`Opposer has maintained a website at www.crlaw.com and used emails with the address of
`
`@crlaw.com since at least 2000.
`
`4.
`
`Opposer’s use of the CR mark has been in connection with legal services in
`
`multiple fields, including personal injury and the closely related fields of litigation and
`
`insurance defense.
`
`5.
`
`Crumley Roberts, LLP ("Applicant"), is the applicant of record of Application
`
`Serial No. 97/520592 (the ‘592 Application), seeking registration of the mark CR LEGAL
`
`TEAM for "Legal services in the field of personal injury" in International Class 45. Applicant is
`
`a law firm based in Greensboro, North Carolina and was aware of Opposer’s mark before
`
`adopting the CR LEGAL TEAM mark.
`
`6.
`
`The ‘592 Application was filed on July 26, 2022. Applicant's claimed date of
`
`first use of the CR LEGAL TEAM mark in commerce is April 2021.
`
`7.
`
`Applicant's mark, CR LEGAL TEAM, contains the entirety of Opposer's
`
`mark, CR.
`
`8.
`
`Applicant's CR LEGAL TEAM mark conveys a similar commercial
`
`impression as Opposer's CR mark.
`
`9.
`
`The mark CR LEGAL TEAM, if used with Applicant's services, is so similar
`
`to the mark CR as used with Opposer's services, as to create a likelihood of confusion, or to
`
`cause mistake, or to deceive, within the meaning of Section 2(d) of the Lanham Act (15
`
`U.S.C. § 1052(d)), all to Opposer's irreparable damage.
`
`10.
`
`Given Opposer’s longstanding and prior trademark rights in and to the CR
`
`
`
`2
`
`
`
`mark for legal services, any federal trademark registration for CR LEGAL TEAM,
`
`conferring exclusive, nationwide rights, would be improper and would interfere with
`
`Opposer’s prior rights.
`
`WHEREFORE, Opposer requests that application Serial No. 97/520592 be refused
`
`and registration denied.
`
`
`Dated: July 26, 2024
`
`
`
`
`
` /James L. Lester/
`James L. Lester
`MacCord Mason PLLC
`2733 Horse Pen Creek Rd., Suite 101
`Greensboro, NC 27410
`(336) 273-4422
`Attorney for Opposer
`
`
`
`
`
`
`
`3
`
`
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