ESTTA Tracking number:
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`ESTTA1383586
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`Filing date:
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`09/13/2024
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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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`91293350
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`Party
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`Correspondence
`address
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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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`Defendant
`SUGO, LLC
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`JULIAN GONZALEZ
`GOLDSTEIN PATENT LAW
`320 BROAD ST
`RED BANK, NJ 07701
`UNITED STATES
`Primary email: julian@goldsteinpc.com
`Secondary email(s): welcome@goldsteinpc.com, rachel@goldsteinpc.com
`7185510534
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`Answer
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`Julian Gonzalez
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`julian@goldsteinpc.com, rachel@goldsteinpc.com, welcome@goldsteinpc.com
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`/Julian Gonzalez/
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`09/13/2024
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`Attachments
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`G4910OPP_Answer_to_Opposition_FINAL.pdf(112487 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
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`TRADEMARK TRIAL AND APPEAL BOARD
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`In the matter of Trademark Application No.
`98/184,492
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`HUGO BOSS AG,
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`Opposer,
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`SUGO, LLC,
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`Applicant.
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`Opposition No.: 91293350
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`APPLICANT’S ANSWER TO OPPOSER’S NOTICE OF OPPOSITION
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`Applicant, SUGO, LLC (hereinafter "Applicant"), hereby answers Opposer’s, HUGO
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`BOSS AG (hereinafter "Opposer"), Notice of Opposition against Applicant's U.S. Trademark
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`Application Serial No. 98/184,492 for the mark SUGOWEAR as follows:
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`ANSWER
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`1. Applicant lacks sufficient knowledge or information to form a belief as to the truth of
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`the allegations asserted in Paragraph 1 and, therefore denies the same.
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`2. Applicant admits Opposer is the owner of the HUGO, BOSS, HUGO BOSS, BOSS
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`HUGO BOSS, and HUGO HUGO BOSS marks listed. However, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the remaining allegations, and
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`therefore denies the same.
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`3. Applicant denies the allegation in Paragraph 3.
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`4. Applicant admits Opposer is the owner of the listed marks.
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`5. Applicant lacks sufficient knowledge or information to form a belief as to the truth of
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`the allegations asserted in Paragraph 5 and, therefore denies the same.
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`6. Applicant lacks sufficient knowledge or information to form a belief as to the truth of
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`the allegations asserted in Paragraph 6 and, therefore denies the same.
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`7. Applicant lacks sufficient knowledge or information to form a belief as to the truth of
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`the allegations asserted in Paragraph 7 and, therefore denies the same.
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`8. Applicant lacks sufficient knowledge or information to form a belief as to the truth of
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`the allegations asserted in Paragraph 8 and, therefore denies the same.
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`9. Applicant lacks sufficient knowledge or information to form a belief as to the truth of
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`the allegations asserted in Paragraph 9 and, therefore denies the same.
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`10. Applicant lacks sufficient knowledge or information to form a belief as to the truth of
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`the allegations asserted in Paragraph 10 and, therefore denies the same.
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`11. Applicant lacks sufficient knowledge or information to form a belief as to the truth of
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`the allegations asserted in Paragraph 11 and, therefore denies the same.
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`12. Applicant denies the allegations asserted in Paragraph 12.
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`13. Applicant denies the allegations asserted in Paragraph 13.
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`14. Applicant’s repeats and re-alleges its answers to Paragraphs 1 through 13, as if more
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`fully set forth herein.
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`15. Applicant admits the allegations asserted in Paragraph 15.
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`16. Applicant denies the allegations asserted in Paragraph 16.
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`17. Applicant denies the allegations asserted in Paragraph 17.
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`18. Applicant denies the allegations asserted in Paragraph 18.
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`19. Applicant admits the allegations asserted in Paragraph 19.
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`20. Applicant denies the allegations asserted in Paragraph 20.
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`21. Applicant denies the allegations asserted in Paragraph 21.
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`22. Applicant denies the allegations asserted in Paragraph 22.
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`23. Applicant denies the allegations asserted in Paragraph 23.
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`24. Applicant denies the allegations asserted in Paragraph 24.
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`25. Applicant denies the allegations asserted in Paragraph 25.
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`26. Applicant denies the allegations asserted in Paragraph 26.
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`27. Applicant denies the allegations asserted in Paragraph 27.
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`28. Applicant denies the allegations asserted in Paragraph 28.
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`29. Applicant’s repeats and re-alleges its answers to Paragraphs 1 through 28, as if more
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`fully set forth herein.
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`30. Applicant denies the allegations asserted in Paragraph 30.
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`31. Applicant denies the allegations asserted in Paragraph 31.
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`32. Applicant denies the allegations asserted in Paragraph 32.
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`33. Applicant denies the allegations asserted in Paragraph 33.
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`34. Applicant denies the allegations asserted in Paragraph 34.
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`35. Applicant denies the allegations asserted in Paragraph 35.
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`AFFIRMATIVE DEFENSES
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`Further responding to Opposer’s Notice of Opposition, Applicant asserts the
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`following affirmative defenses:
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`First Affirmative Defense
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`1. The Notice of Opposition fails to state a claim upon which relief can be granted.
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`Second Affirmative Defense
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`2. Opposer’s Cause of Action for Dilution is barred because third parties have used
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`identical and similar trademarks in commerce, thus Opposer’s HUGO marks are weak, not
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`famous, and entitled to a narrow scope of protection.
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`Third Affirmative Defense
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`3. The Opposition is barred by at least one of the equitable doctrines of waiver, laches
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`and/or estoppel.
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`Fourth Affirmative Defense
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`4. Applicant incorporates by reference as though fully set forth herein all affirmative
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`defenses available to it under every applicable federal and/or state rule, statute, and common
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`law, including, without limitation, all the affirmative defenses named and permitted under the
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`Federal, Rules of Civil Procedure and 37 CFR 2.106(b), that may arise, be discovered, or be
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`otherwise be applicable during Applicant’s continued investigation and defense of this
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`matter.
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`Reservation of Defenses
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`5. Applicant reserves the right to add additional affirmative defenses as they become
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`known through discovery.
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`WHEREFORE, Applicant prays that the Opposition be denied in its entirety, and that
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`U.S. Trademark Application Serial No. 98/184,492 for the mark SUGOWEAR be allowed to
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`proceed to registration.
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`Date: September 13, 2024
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`Respectfully submitted,
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`By:
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`/Julian D. Gonzalez/
`Julian D. Gonzalez
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`Goldstein Patent Law
`320 Broad Street
`Red Bank, NJ 07701
`P: (718) 551-0534
`F: (866) 243-8109
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`Attorneys for the Applicant
`SUGO, LLC
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing APPLICANT’S
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`ANSWER TO OPPOSER’S NOTICE OF OPPOSITION was served upon the attorneys for
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`the Opposer by forwarding said copy, by email, to the following:
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`Sixtine Bousquet-Lambert
`IP Legal Counsel
`HUGO BOSS Fashion Inc.
`New York, NY 10041
`United States of America
`Sixtine_bousquet-lambert@hugoboss.com
`Luisa_Schwabe@hugoboss.com
`Attorneys for Opposer
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`On this 13th day of September 2024.
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`/Julian D. Gonzalez/
`Julian D. Gonzalez
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