ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1377365
`08/14/2024
`
`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
`
`The Ehrlich Law Firm, P.A.
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`08/14/2024
`
`1330 SE FEDERAL HIGHWAY
`STUART, FL 34994
`UNITED STATES
`
`MARK D. PASSLER
`AKERMAN LLP
`777 S. FLAGLER DRIVE
`SUITE 1100, WEST TOWER
`WEST PALM BEACH, FL 33401
`UNITED STATES
`Primary email: masterdocketlit@akerman.com
`Secondary email(s): mark.passler@akerman.com, victor-
`ia.doyle@akerman.com, kendra.waterman@akerman.com
`561-653-5000
`
`Docket no.
`
`9979-8
`
`Applicant information
`
`Application no.
`
`98035107
`
`Opposition filing
`date
`
`Applicant
`
`08/14/2024
`
`Demand The Limits, PLLC
`301 YAMATO ROAD
`BOCA RATON, FL 33431
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`04/16/2024
`
`Opposition period
`ends
`
`08/14/2024
`
`Class 045. First Use: Jun 5, 2023 First Use In Commerce: Jun 5, 2023
`All goods and services in the class are opposed, namely: Attorney services, namely, representation
`of clients in personal injury and tort matters; Legal advisory services in the field of personal injury and
`tort matters; Legal consulting services in the field of personal injury and tort matters; Providing legal
`services in the field of personal injury and tort matters
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark cited by opposer as basis for opposition
`
`U.S. registration
`
`3696493
`
`Application date
`
`01/11/2008
`
`

`

`no.
`
`Register
`
`Principal
`
`Registration date
`
`10/13/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`DON'T SETTLE FOR ANYTHING LESS
`
`NONE
`
`Class 045. First use: First Use: Feb 2009 First Use In Commerce: Feb 2009
`legal services
`
`Attachments
`
`77369635#TMSN.png( bytes )
`9979-8 Notice of Opposition.pdf(2703703 bytes )
`
`Signature
`
`/Mark D. Passler/
`
`Name
`
`Date
`
`MARK D. PASSLER
`
`08/14/2024
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In re:
`U.S. Trademark Application Serial No. 98/035,107
`for DON'T SETTLE FOR LESS DEMANDTHELIMITS.COM
`Filed: June 9, 2023
`Published: April 16, 2024
`
`Opposition No.
`
` )
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`THE EHRLICH LAW FIRM, P.A.,
`
`
`Opposer
`
` v.
`
`
`
`
`DEMAND THE LIMITS, PLLC,
`
`
`Applicant.
`
`
`
`
`
`The Ehrlich Law Firm, P.A. (“Opposer”), a Florida professional association, having its principal place
`
`NOTICE OF OPPOSITION
`
`of business at 1330 SE Federal Highway Stuart, Florida 34994, believes it will be damaged by the registration
`
`of the trademark shown in Application Serial No. 98/035,107 for the identified services and hereby opposes
`
`same pursuant to Section 13 of the Lanham Trademark Act of 1946, 15 U.S.C. § 1063(a).
`
`Application Serial No. 98/035,107 was filed on June 9, 2023, for registration of the trademark DON'T
`
`SETTLE FOR LESS DEMANDTHELIMITS.COM in connection with “Attorney services, namely,
`
`representation of clients in personal injury and tort matters; Legal advisory services in the field of personal
`
`injury and tort matters; Legal consulting services in the field of personal injury and tort matters; Providing
`
`legal services in the field of personal injury and tort matters” in International Class 45 (the “Application”).
`
`The mark was published for opposition in the Trademark Official Gazette on April 16, 2024.
`
`Having been granted an extension of time to oppose up to and including August 14, 2024, Opposer
`
`hereby opposes registration of the Application and avers:
`
` 1
`
`
`
`77644621;1
`
`

`

`
`
`1.
`
`Since at least as early as February 2009, Opposer has used the service mark DON'T SETTLE
`
`FOR ANYTHING LESS in connection with legal services in interstate commerce. Current use may be viewed
`
`on its website located at https://www.eninjurylaw.com/ (website printout annexed hereto as Exhibit A).
`
`2.
`
`Opposer is the owner of U.S. Registration No. 3,696,493 for the service mark DON'T
`
`SETTLE FOR ANYTHING LESS in connection with "legal services" in International Class 45, which is
`
`incontestable.
`
`3.
`
`On June 9, 2023, more than 14 years after Opposer began using its service mark DON'T
`
`SETTLE FOR ANYTHING LESS in connection with legal services, Applicant filed the Application to
`
`register the service mark DON'T SETTLE FOR LESS DEMANDTHELIMITS.COM for “Attorney services,
`
`namely, representation of clients in personal injury and tort matters; Legal advisory services in the field of
`
`personal injury and tort matters; Legal consulting services in the field of personal injury and tort matters;
`
`Providing legal services in the field of personal injury and tort matters” in International Class 45. The
`
`Application alleges a first use date of June 5, 2023, long after Opposer's first use date in 2009, application
`
`filing date of January 11, 2008.
`
`4.
`
`The Application was published for opposition on April 16, 2024, and Opposer is timely filing
`
`this Notice of Opposition.
`
`5.
`
`Registration.
`
`6.
`
`The services covered by the Application are identical to the services covered by Opposer's
`
`Applicant’s mark DON'T SETTLE FOR LESS DEMANDTHELIMITS.COM encompasses
`
`almost in its entirety Opposer’s registered mark DON'T SETTLE FOR ANYTHING LESS, plus it includes
`
`the URL "demandthelimits.com" which could easily be confused as emanating from Opposer.
`
`7.
`
`Applicant's applied-for mark is likely, when used in connection with Applicant’s services, to
`
`cause confusion, to cause mistake and to deceive the public, who is likely to believe that Applicant’s services
`
`have their origin with Opposer and/or that such services are approved, endorsed or sponsored by Opposer or
`
`77644621;1
`
`2
`
`

`

`
`
`associated in some way with Opposer. Opposer would thereby be injured by the granting to Applicant of a
`
`certificate of registration for Applicant’s DON'T SETTLE FOR LESS DEMANDTHELIMITS.COM mark.
`
`WHEREFORE, Opposer believes that it will be damaged by the registration of U.S. Trademark
`
`Application No. 98/035,107 for DON'T SETTLE FOR LESS DEMANDTHELIMITS.COM, and hereby
`
`opposes the same.
`
`Authorization is given to charge the filing fees for this Notice of Opposition to Deposit Account 50-
`
`0951 throughout the pendency of these proceedings.
`
`Please direct all notices, pleadings, and service copies regarding this matter to the undersigned
`
`counsel.
`
`Dated: August 14, 2024
`
`
`
` By:
`
`
`
`
`Respectfully submitted,
`
`AKERMAN, LLP
`
`
`/Mark D. Passler/
`Mark D. Passler
`Victoria J. B. Doyle
`777 South Flagler Drive
`West Tower, Suite 1100
`West Palm Beach, Florida 33401
`Tel: 561-653-5000
`Email: masterdocketlit@akerman.com
`
`Attorneys for Opposer
`
`
`77644621;1
`
`3
`
`

`

`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`PersonalInjury, Car Accident & Workers Comp Lawyers In FL
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`Capturedat: 2024/08/14 05:30 PM URL: https://www.eninjurylaw.com/
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