ESTTA Tracking number:
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`ESTTA1379442
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`Filing date:
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`08/25/2024
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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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`91293092
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`Party
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`Correspondence
`address
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`Defendant
`Huang Youbin
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`XIAOFANG ZHONG
`244 FIFTH AVENUE, SUITE V284
`NEW YORK, NY 10001
`UNITED STATES
`Primary email: docket1.zhong@gmail.com
`646-785-1788
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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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`Xiaofang Zhong
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`xzhong@zhonglaws.com
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`/Xiaofang Zhong/
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`08/25/2024
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`Attachments
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`AnswerOpposition.pdf(122190 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposer,
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`Opposition No.: 91293092
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`Mark: BOSSAND
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`Serial No. 98153779
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`HUGO BOSS AG
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`v.
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`Huang Youbin
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`Applicant.
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`ANSWER TO NOTICE OF OPPOSITION
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`Applicant Huang Youbin hereby answers the notice of opposition of Opposer HUGO BOSS
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`AG as following
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`1. Answering paragraph 1 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`2. Answering paragraph 2 of the notice of Opposition, the records of the USPTO speak for
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`themselves.
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`3. Answering paragraph 3 of the notice of Opposition, the records of the USPTO speak for
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`themselves.
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`4. Answering paragraph 4 of the notice of Opposition, the records of the USPTO speak for
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`themselves.
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`5. Answering paragraph 5 of the notice of Opposition. Opposer does not have paragraph 5.
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`6. Answering paragraph 6 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`7. Answering paragraph 7 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`8. Answering paragraph 8 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`9. Answering paragraph 9 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`10. Answering paragraph 10 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`11. Answering paragraph 11 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`12. Answering paragraph 12 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`13. Answering paragraph 13 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`14. Answering paragraph 14 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`15. Answering paragraph 15 of the notice of Opposition, Applicant does not need to answer.
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`16. Answering paragraph 16 of the notice of Opposition, the records of the USPTO speak for
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`themselves.
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`17. Answering paragraph 17 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`18. Answering paragraph 18 of the notice of Opposition, Applicant’s BOSSAND only has
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`the first four letters which are same as Opposer’s mark, Applicant’s Mark has 3 more
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`letters combine with the first four letters as Applicant Mark, Applicant’s Mark does not
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`convey a highly similar overall commercial impression as Opposer’s BOSS Marks.
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`Applicant denies the allegation thereof.
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`19. Answering paragraph 19 of the notice of Opposition. Upon information and belief. There
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`are other registered Marks with BOSS letters. Applicant denies the allegation thereof.
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`20. Answering paragraph 20 of the notice of Opposition. Applicant admits.
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`21. Answering paragraph 21 of the notice of Opposition. Applicant denies the allegation.
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`22. Answering paragraph 22 of the notice of Opposition. Applicant denies the allegation.
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`23. Answering paragraph 23 of the notice of Opposition. Applicant denies the allegation.
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`24. Answering paragraph 24 of the notice of Opposition. Applicant denies the allegation.
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`25. Answering paragraph 25 of the notice of Opposition. Applicant denies the allegation.
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`26. Answering paragraph 26 of the notice of Opposition. Applicant denies the allegation.
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`27. Answering paragraph 27 of the notice of Opposition. Applicant denies the allegation.
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`28. Answering paragraph 28 of the notice of Opposition. Applicant denies the allegation,
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`29. Answering paragraph 29 of the notice of Opposition. Applicant denies the allegation.
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`30. Answering paragraph 30 of the notice of Opposition. does not need to answer.
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`31. Answering paragraph 31 of the notice of Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief as to the allegation contained therein and
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`accordingly denies the allegation.
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`32. Answering paragraph 32 of the notice of Opposition. Applicant denies the allegation.
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`33. Answering paragraph 33 of the notice of Opposition. Applicant denies the allegation.
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`34. Answering paragraph 34 of the notice of Opposition. Applicant denies the allegation.
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`35. Answering paragraph 35 of the notice of Opposition. Applicant denies the allegation.
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`36. Answering paragraph 36 of the notice of Opposition. Applicant denies the allegation.
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`AFFIRMATIVE DEFENSES
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`37. No likelihood of confusion exists between Applicant’s use of its BOSSAND Mark and
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`Opposer’s use of its alleged BOSS Mark.
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`38. Applicant reserves the right to rely on such other and further defenses as may be
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`supported by facts to be determined through comprehensive discovery and to amend its
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`Answer accordingly to assert such defenses
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`WHEREFORE, Applicant respectfully requests that the Trademark Trial and Appeal
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`Board dismiss the Notice of Opposition, dated August 5, 2024, with prejudice and permit
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`Application Serial No. 98153779 to proceed to registration.
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`Dated: August 25, 2024
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`Respectfully submitted,
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`By: /s/Xiaofang Zhong
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`Xiaofang Zhong
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`Attorney for Petitioner
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` Law Office of Xiaofang Zhong, PLLC
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` 244 Fifth Avenue, Suite V284
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` New York, N.Y. 10001
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` Tel: 646-785-1788
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` xzhong@zhonglaws.com
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`Certificate of Service
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`I hereby certify that a true and complete copy of the foregoing Answer to Notice of
`Opposition has been served on:
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`Sixtine Bousquet-Lambert
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`by forwarding said copy on August 25, 2024, via email to:
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`sixtine_bousquetlambert@hugoboss.com
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`Signed: s/Xiaofang Zhong/
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`Xiaofang Zhong
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`Date: August 25, 2024
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