ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1386828
`10/01/2024
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Bodegas Caro S.A.
`
`Corporation
`
`Incorporated or
`registered in
`
`Argentina
`
`ALVEAR 151 - GODOY CRUZ
`MENDOZA, 5501
`ARGENTINA
`
`CATHLEEN E. STADECKER
`DOWNS RACHLIN MARTIN PLLC
`199 MAIN STREET, PO BOX 190
`BURLINGTON, VT 05402-0190
`UNITED STATES
`Primary email: tmip@drm.com
`8028632375
`
`Docket no.
`
`08958475USN1
`
`Applicant information
`
`Application no.
`
`98337141
`
`Opposition filing
`date
`
`Applicant
`
`10/01/2024
`
`I Love Daiquiris LLC
`PO BOX 200575
`ARLINGTON, TX 76006
`UNITED STATES
`
`Publication date
`
`09/03/2024
`
`Opposition period
`ends
`
`10/03/2024
`
`Goods/services affected by opposition
`
`Class 033. First Use: Apr 1, 2022 First Use In Commerce: Apr 1, 2022
`All goods and services in the class are opposed, namely: Wine-based cocktails
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`3994332
`
`Register
`
`Principal
`
`Registration date
`
`07/12/2011
`
`Word mark
`
`ARUMA
`
`Application date
`
`12/15/2008
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 033. First use: First Use: Apr 14, 2011 First Use In Commerce: Apr 14,
`2011
`Wines
`
`Attachments
`
`77632927#TMSN.png( bytes )
`Notice of Opposition ARUMBA.pdf(18035 bytes )
`Exhibit A.pdf(26244 bytes )
`Exhibit B.pdf(23184 bytes )
`
`Signature
`
`/cathleen e stadecker/
`
`Name
`
`Date
`
`Cathleen E. Stadecker
`
`10/01/2024
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 98337141
`for ARUMBA
`Published in the Official Gazette of September 3, 2024
`
`Bodegas Caro S.A.,
`
`
`
`Opposer,
`
`--------------------------------------------------------------x
`:
`:
`:
`:
`:
`:
`:
` :
` :
`:
`
`Applicant.
`--------------------------------------------------------------x
`
`v.
`
`Opposition No.:
`
`I Love Daiquiris LLC,
`
`NOTICE OF OPPOSITION
`
`Bodegas Caro S.A., a corporation of Argentina, with an address at Alvear 151 - Godoy
`
`Cruz, Mendoza 5501 Argentina (hereinafter, “Opposer”), believes that it will be damaged by the
`
`registration of the ARUMBA mark, which is set forth in Application Serial No. 98337141, filed
`
`by I Love Daiquiris LLC, a Texas limited liability company, having an address at PO BOX
`
`200575, Arlington, Texas 76006 USA (hereinafter, “Applicant”), and hereby opposes
`
`registration of the same.
`
`As grounds for opposition, Opposer alleges as follows:
`
`1.
`
`Opposer has used, and currently uses, the mark ARUMA in the U.S. in connection
`
`with wines, with use dating from at least as early as April 14, 2011 (the “ARUMA Mark”).
`
`2.
`
`Opposer is the owner of Reg. No. 3994332, for the ARUMA Mark for “wines” in
`
`International Class 33, based on use in commerce since at least as early as April 14, 2011. A true
`
`

`

`and correct copy of a printout from TSDR showing the current status and title of the registration is
`
`attached as Exhibit A.
`
`3.
`
`On December 30, 2023, Applicant filed an application, designated Serial
`
`No. 98337141, to register the mark ARUMBA in connection with “wine-based cocktails,” in
`
`International Class 33, based on Applicant’s alleged use of the mark in commerce in connection
`
`with the identified goods since April 1, 2022 (the “ARUMBA Application”). A true and correct
`
`copy of a printout from TSDR setting forth the details of the ARUMBA Application is attached as
`
`Exhibit B.
`
`4.
`
`The application filing date set forth in paragraph 2 for the ARUMA Mark precedes
`
`the filing date of the ARUMBA Application.
`
`5.
`
`On information and belief, Opposer’s ARUMA Mark has been in continuous use
`
`in commerce since before any use by Applicant of the mark set forth in the ARUMBA
`
`Application.
`
`6.
`
`Opposer’s ARUMA Mark and Applicant’s proposed mark ARUMBA are highly
`
`similar in appearance and pronunciation.
`
`7.
`
`The goods covered by the ARUMBA application – “wine-based cocktails” – are
`
`highly related to wine.
`
`8.
`
`The proposed mark in the ARUMBA Application is barred from registration
`
`because it consists of or comprises a mark which so resembles Opposer’s previously used and
`
`registered ARUMA Mark as to be likely, when used in connection with the alleged goods of
`
`Applicant, to cause confusion, mistake, or deception within the meaning of 15 U.S.C. § 1052(d).
`
`9.
`
`Opposer will thereby be injured by the registration of Application Serial
`
`No. 98337141.
`
`2
`
`

`

`WHEREFORE, Opposer asks that its opposition be sustained and that registration to
`
`Applicant be refused.
`
`Respectfully submitted,
`
`DOWNS RACHLIN MARTIN PLLC
`Attorneys for Opposer
`
`By:______________________________
` Cathleen E. Stadecker, Esq.
`
`Date: October 1, 2024
` Burlington, Vermont
`
`23041253.1
`
`3
`
`

`

` EXHIBIT A
`
`Generated on: This page was generated by TSDR on 2024-09-20 08:08:40 EDT
`
`Mark: ARUMA
`
`US Serial Number: 77632927
`
`US Registration
`Number:
`
`3994332
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Dec. 15, 2008
`
`Registration Date: Jul. 12, 2011
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Dec. 07, 2021
`
`Publication Date:Sep. 29, 2009Notice of Allowance Date:Dec. 22, 2009
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`ARUMA
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Translation: The English translation of "ARUMA" in the mark is "NIGHT" in the Aymara language.
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Wines
`
`International
`Class(es):
`
`033 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 047, 049
`
`First Use: Apr. 14, 2011
`
`Use in Commerce: Apr. 14, 2011
`
`Basis Information (Case Level)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Bodegas Caro S.A.
`
`

`

`Owner Address: Alvear 151 - Godoy Cruz
`Mendoza (5501) ARGENTINA
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`ARGENTINA
`
`Attorney/Correspondence Information
`
`Attorney Name: Cathleen E. Stadecker
`
`Docket Number: 08958475UST1
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`tmip@drm.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Cathleen E. Stadecker
`Downs Rachlin Martin PLLC
`199 Main Street, PO Box 190
`Burlington, VERMONT United States 05401
`
`Phone: 8028632375
`
`Correspondent e-
`mail:
`
`tmip@drm.com
`
`Fax: 8028627512
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jul. 15, 2024
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Jul. 15, 2024
`
`TEAS WITHDRAWAL AS DOMESTIC REPRESENTATIVE RECEIVED
`
`Jul. 15, 2024
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Jul. 15, 2024
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Dec. 07, 2021
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
`
`Dec. 07, 2021
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`Dec. 07, 2021
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Dec. 07, 2021
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Jul. 12, 2021
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Jul. 12, 2020
`
`COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
`
`Jan. 30, 2018
`
`NOTICE OF ACCEPTANCE OF SEC. 8 - E-MAILED
`
`Jan. 30, 2018
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED
`
`Jan. 30, 2018
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Jan. 12, 2018
`
`TEAS SECTION 8 RECEIVED
`
`Jul. 12, 2011
`
`REGISTERED-PRINCIPAL REGISTER
`
`Jun. 08, 2011
`
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE MAILED
`
`Jun. 07, 2011
`
`LAW OFFICE REGISTRATION REVIEW COMPLETED
`
`Jun. 06, 2011
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`Jun. 03, 2011
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`May 31, 2011
`
`USE AMENDMENT FILED
`
`May 31, 2011
`
`PAPER RECEIVED
`
`Dec. 31, 2010
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST MAILED
`
`Dec. 30, 2010
`
`SOU EXTENSION 2 GRANTED
`
`Dec. 21, 2010
`
`SOU EXTENSION 2 FILED
`
`Dec. 23, 2010
`
`PAPER RECEIVED
`
`Jul. 23, 2010
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST MAILED
`
`Jul. 22, 2010
`
`SOU EXTENSION 1 GRANTED
`
`Jun. 22, 2010
`
`SOU EXTENSION 1 FILED
`
`Jul. 22, 2010
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`Jun. 22, 2010
`
`SOU TEAS EXTENSION RECEIVED
`
`Dec. 22, 2009
`
`NOA MAILED - SOU REQUIRED FROM APPLICANT
`
`Sep. 29, 2009
`
`PUBLISHED FOR OPPOSITION
`
`Sep. 09, 2009
`
`NOTICE OF PUBLICATION
`
`Proceeding
`Number
`
`

`

`Aug. 21, 2009
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`Aug. 21, 2009
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Aug. 21, 2009
`
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`Aug. 21, 2009
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Aug. 21, 2009
`
`ASSIGNED TO LIE
`
`Aug. 05, 2009
`
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`
`Mar. 13, 2009
`
`NON-FINAL ACTION MAILED
`
`Mar. 12, 2009
`
`NON-FINAL ACTION WRITTEN
`
`Mar. 11, 2009
`
`ASSIGNED TO EXAMINER
`
`Dec. 19, 2008
`
`NEW APPLICATION ENTERED
`TM Staff and Location Information
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Dec. 07, 2021
`
`TM Staff Information - None
`
`File Location
`
`

`

`EXHIBIT B
`
`Generated on: This page was generated by TSDR on 2024-09-20 16:27:07 EDT
`
`Mark: ARUMBA
`
`US Serial Number: 98337141
`
`Filed as TEAS
`Plus:
`
`Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Dec. 30, 2023
`
`Currently TEAS
`Plus:
`
`Yes
`
`LIVE/APPLICATION/Published for Opposition
`
`A pending trademark application has been examined by the Office and has
`been published in a way that provides an opportunity for the public to oppose
`its registration.
`
`Status: Application has been published for opposition. The opposition period begins on the date of publication.
`
`Status Date: Sep. 03, 2024
`
`Publication Date:Sep. 03, 2024
` 
`
`Mark Literal
`Elements:
`
`ARUMBA
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Wine-based cocktails
`
`International
`Class(es):
`
`033 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 047, 049
`
`First Use: Apr. 01, 2022
`
`Use in Commerce: Apr. 01, 2022
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: I Love Daiquiris LLC
`
`

`

`Owner Address: PO BOX 200575
`Arlington, TEXAS UNITED STATES 76006
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`TEXAS
`
`Attorney/Correspondence Information
`
`Attorney of Record - None
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`I Love Daiquiris LLC
`PO BOX 200575
`Arlington, TEXAS United States 76006
`
`Phone: 8177149285
`
`Correspondent e-
`mail:
`
`stevenearlbrown@gmail.com info@ilovedaiquiris.
`com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Sep. 03, 2024
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Sep. 03, 2024
`
`PUBLISHED FOR OPPOSITION
`
`Aug. 14, 2024
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`Aug. 01, 2024
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Jul. 29, 2024
`
`ASSIGNED TO EXAMINER
`
`Apr. 15, 2024
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
`
`Dec. 30, 2023
`
`NEW APPLICATION ENTERED
`TM Staff and Location Information
`
`TM Attorney: CORDANI, CAITLIN
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`LAW OFFICE 109
`
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Aug. 01, 2024
`
`Proceeding
`Number
`
`97777
`
`