ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1387788
`10/05/2024
`
`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
`
`ECOROSES LLC
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`10/05/2024
`
`8180 NW 36 STREET
`100
`DORAL, FL 33166
`UNITED STATES
`
`ANTHONY D. LOGAN
`VENJURIS PC
`1938 E. OSBORN RD.
`PHOENIX, AZ 85016
`UNITED STATES
`Primary email: pto_adl@venjuris.com
`Secondary email(s): dlogan@venjuris.com
`6026319100
`
`Docket no.
`
`Ecoroses LLC
`
`Applicant information
`
`Application no.
`
`98196481
`
`10/05/2024
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`08/06/2024
`
`Opposition period
`ends
`
`10/05/2024
`
`ECO ROSES LA INC
`4718 SAN FERNANDO ROAD UNIT E
`GLENDALE, CA 91204
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 031. First Use: Jul 1, 2023 First Use In Commerce: Jul 1, 2023
`All goods and services in the class are opposed, namely: Cut flowers, namely, roses, orchids, peon-
`ies, hydrangeas, lisianthus
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Dilution by tarnishment
`
`Fraud on the USPTO
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Sections 2 and 43(c)
`
`In re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`1938 (Fed. Cir. 2009)
`
`

`

`Marks cited by opposer as basis for opposition
`
`U.S. application
`no.
`
`98331723
`
`Application date
`
`12/27/2023
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`ECO ROSES ALL ABOUT QUALITY
`
`The mark consists of a design of a rose to the left of the stylized wording "ECO"
`above the stylized wording "ROSES" above the stylized wording "ALL ABOUT
`QUALITY".
`
`Class 031. First use: First Use: Sep 18, 2018 First Use In Commerce: Sep 18,
`2018
`Cut flowers; Preserved flowers for decoration
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`NONE
`
`NONE
`
`NONE
`
`ECOROSES
`
`Application date
`
`NONE
`
`Goods/services
`
`Cut flowers; Preserved flowers for decoration
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`NONE
`
`NONE
`
`NONE
`
`Eco Roses
`
`Application date
`
`NONE
`
`Goods/services
`
`Cut flowers; Preserved flowers for decoration
`
`Attachments
`
`98331723#TMSN.png( bytes )
`Opposition Ecoroses rev 8 file.pdf(2449948 bytes )
`
`Signature
`
`/Anthony D. Logan/
`
`Name
`
`Date
`
`ANTHONY D. LOGAN
`
`10/05/2024
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of trademark Application Serial No.: 98196481
`
`Date filed: Sept. 25, 2023
`
`Applicant.
`
`ECOROSESLLC,
`
`OPPOSITION No.
`
`Opposer,
`
`ECO ROSESLA INC,
`
`NOTICE OF OPPOSITION
`
`1.
`
`ECOROSESLLC (hereinafter “Ecoroses”) is alimited liability company
`
`formed andexisting under the laws of Florida with a principal place of businessat
`
`8180 NW 36 ST., 100, Doral, FL 33166.
`
`2.
`
`Ecoroses was formedonFeb. 25, 2020 in the state of Florida and is
`
`the exclusive licensee of Ecoroses SA, an Ecuadorian company, for its licensed
`
`products in the United States of America. Indeed, Ecoroses’ license includes, inter
`
`alia, a license to all of Ecoroses SA’s ECOROSES and ECO ROSES US trademarks,
`
`including but not limited to, Ecoroses SA’s United States trademark application
`
`Serial No. 98331723 for ECO ROSES ALL ABOUT QUALITY (Exhibit A). Ecoroses,
`
`directly and throughits related companies, provides goods throughoutthe United
`
`States, including but not limited to, “Cut flowers” and “Preserved flowers for
`
`decoration.”
`
`Page 1 of 11
`
`

`

`3.
`
`Ecoroses (also referred to as “Opposer”) offers, including but not
`
`limited to, “Cut flowers” and “Preserved flowers for decoration,” and will be
`
`damaged by the registration of the word mark ECOROSES LOS ANGELES shownin
`
`Serial No. 98196481 (“Application”) by ECO ROSES LA INC (hereinafter
`
`“Applicant”). Opposer hereby opposesthe registration of the Application. The
`
`grounds for the oppositionare as follows.
`
`4.
`
`Opposer is the exclusive licensee of Ecoroses SA’s ECOROSES and
`
`ECO ROSES trademarksin the United States, including its common law trademarks
`
`and its pending trademark application, and has been doing business in the US long
`before Applicant was incorporated.
`indeed, Opposer has used the ECOROSESand
`
`ECO ROSEStrademarkssince its incorporation in 2020 including the license to
`
`United States trademark application Serial No. 98331723 for ECO ROSES ALL
`
`ABOUT QUALITY (hereinafter referred to collective as “Opposer’s Marks”):
`
`Mark:
`
`ECO ROSES ALL ABOUT QUALITY
`
`Filing Date: Dec. 27, 2023
`
`First Use Date: at least as early as Sep. 18, 2018
`
`First Use in Commerce Date: at least as early as Sep. 18, 2018
`
`Serial No.: 98331723
`
`listing: (031) Cut flowers; Preserved flowers for decoration
`
`A copy of the above cited application from the TESS records of the USPTO is
`
`attached hereto as Exhibit A and is incorporated herein by reference and the
`
`listings are referred to as “Opposer’s Goods”. Opposerreservesits rights to amend
`
`this Notice of Opposition with its additional
`
`information or registrations,if
`
`necessary.
`
`Page 2 of 11
`
`

`

`5.
`
`Applicant states that it is a limited liability company formed and
`
`existing under the laws of California giving an address of 4718 SAN FERNANDO
`
`ROAD UNIT E, GLENDALE, CA 91204.
`
`Applicant did not have permission from Opposer, or Opposer’s
`6.
`licensor (EcorosesS.A.), to file the Application.
`
`The Applicant seeks to register the design mark including ECOROSES
`7.
`LOS ANGELES underan actualuse Application for the followingservices:
`
`“Cut flowers, namely,
`
`roses, orchids, peonies, hydrangeas,
`
`lisianthus”
`
`(hereinafter “Applicant’s Goods”).
`
`CLAIMS FOR RELIEF
`
`First Basis for Opposition
`
`LIKELIHOOD OF CONFUSION- Lanham Act § 2(d)
`
`8.
`
`Opposer incorporates by referencethefacts and allegations set forth
`
`in each of the preceding paragraphs asthough fully set forth herein.
`
`9.
`
`Opposer’s right to Opposer’s Marks, including the ECO ROSES ALL
`
`ABOUT QUALITY and EcorosesS.A.’s marks, are prior to any of Applicant’sfilings in
`theUS,either through use or constructive use at least as early as thefiling date of
`Applicant’s application, namely, Sep. 25, 2023, especially for “Cut flowers, namely,
`roses, orchids, peonies, hydrangeas,lisianthus.”
`
`10.=Applicant filed for its incorporation of ECO ROSESLA,Inc. with the
`
`State of California on January 27, 2023, and, therefore,an earliest possible date of
`
`use of Eco RosesLA,Inc.
`
`11.
`
`Upon information andbelief, Opposer believes that it has common
`
`law trademarks rights for ECOROSES and ECO ROSESfor use with at least “Cut
`
`Page 3 of 11
`
`

`

`flowers; Preserved flowers for decoration” in the United States before 2023, and
`
`thatits licensed marks are famous for its goods and services.
`
`12.
`
` Applicant’s claimed services include:
`
`Cut flowers, namely, roses, orchids, peonies, hydrangeas,lisianthus
`
`that are either directly overlapping or closely related to the services identified in
`
`Opposer’s Marks.
`
`Indeed, the ECO ROSES ALL ABOUT QUALITY trademark (US
`
`Application Serial No. 98331723) licensed to Ecoroses was suspended, on June 30,
`
`2024, based on Applicant’s application (Exhibit B) providing jurisdiction
`
`accordingly.
`
`13.
`Applicant’s mark ECOROSES LOS ANGELES is similar to Opposer’s
`licensed ECOROSES and ECO ROSES trademarks in appearance, sound, meaning
`and commercial impression (see the office action reference for ECO ROSES ALL
`
`ABOUT QUALITY potential conflict with the Applicationin Exhibit B).
`
`
`
`14.—In this case, less similarity in the marks is needed to establish a
`
`likelihood of confusion because of the overlap and/orcloserelation of Applicant’s
`
`goodsto the goodsidentified by Opposer.
`
`15.=Applicant’s ECOROSES LOS ANGELES mark when used with Cut
`
`flowers, namely, roses, orchids, peonies, hydrangeas, lisianthus would be likely to
`
`cause confusion or mistake or to deceive with Opposer’s licensed marks and goods
`
`andis therefore precluded from registration under Section 2(d) of the Lanham Act,
`
`15 U.S.C. §1052(d).
`
`16.
`
`If Applicant
`
`is granted registration of the subject design mark
`
`including the words “ECOROSES LOS ANGELES”,
`
`it would obtain a prima facie
`
`exclusive right to use of its mark that would cause damage and injury to Opposer.
`
`//
`
`Page 4ofi1
`
`

`

`Second Basis for Opposition
`
`LIKELIHOOD OF DILUTION — Lanham Act § 43(c)
`
`17.|Qpposer incorporates by reference the facts and allegations set forth
`
`in each of the preceding paragraphs as though fully set forth herein.
`
`18.
`
`Oninformation and belief, Applicant filed for its trademark after
`
`knowing of Ecoroses SA’s trademarks whichare licensed to Opposer.
`
`19.
`
`Opposer’s dates of use throughout the UnitedStates for the Ecoroses
`
`SA’s trademarks precede Applicant's filing date and incorporation date.
`
`Ecoroses SA’s trademarks which were licensed to Opposer are
`20.
`distinctive and famousin that theyare widely recognized by the general consuming
`public, both in the US and throughout the world, asa designation of the source of
`
`Opposer’s Goods and were famous well before Applicant’s Sep. 25, 2023
`
`application date.
`
`21.
`
`‘If Applicant is permitted to register the mark in the Application,
`
`Opposerwill be damaged because, amongotherreasons, such registration and use
`
`is likely to impair its license associated with the distinctiveness of the licensed
`
`Ecoroses SA’s famous marks and brand and otherwise cause injury to Opposer’s
`business reputation and brand.
`
`Third Basis for Opposition
`
`APPLICANT COMMITTED FRAUD DURING THE PROSECUTION OFITS
`
`APPLICATION FOR REGISTRATION
`
`22.
`
`Opposer incorporates by referencethe facts and allegations set forth
`
`in each of the preceding paragraphs as thoughfully set forth herein.
`
`23.
`
`On information and belief, Applicant filed for its trademark after
`
`Opposer began using the Ecoroses SA’s trademarks in the United States.
`
`Page 5 of 11
`
`

`

`24.
`
`Opposer’s use and rights to ECOROSES and ECO ROSES trademarks
`
`and otherEcoroses S.A.’s trademarks precede Applicant’sfiling date.
`
`Applicant attempted to purchase goods from Opposer and/or
`25.
`Opposer’s licensor, Ecoroses SA, prior to filing for Applicant’s ECOROSES LOS
`
`ANGELES mark, (Exhibit C).
`
`Applicant’s knowing that it had contacted Opposer, or Opposer’s
`26.
`licensor, and knowing of Ecoroses S.A.’s trademarks, declared in the instant
`
`Application that:
`
`“no other persons, except, if applicable, concurrent users, have the right to
`use the mark in commerce, either in the identical form or in such near
`
`resemblance as to be likely, when used on or in connection with the
`
`goods/services of such other persons, to cause confusion or mistake, or to
`deceive”. (Exhibit D).
`
`Applicant’s mark ECOROSES LOS ANGELESis confusingly similar to
`27.
`Opposer’s licensed trademarks in appearance, sound, meaning and commercial
`
`impression as evidenced by Exhibit’s A and B. Applicant’s declaration in the
`
`Application with this knowledgeis evidence of bad faith and fraud.
`
`If Applicant is permitted to register the mark in the Application,
`28.
`Opposerwill be damaged because, among other reasons, Applicant fraudulently
`represented in bad faith that no others have a right to use a mark of such near
`
`resemblance as its own and such registration, and use,
`
`is likely to impair the
`
`Ecoroses S.A. marks and, therefore, Opposer’s mark and brand and otherwise
`
`cause injury to Opposer’s business reputation and brand.
`
`Page 6 of 11
`
`

`

`PRAYER FOR RELIEF
`
`WHEREFORE, the Opposers, respectfully request that this opposition be granted ,
`
`and that Application No. 98196481 be deniedregistration.
`
`Respectfully submitted,
`s/Anthony D. Logan/
`Anthony D. Logan
`Attorneys for Opposer
`Venjuris, P.C.
`1938 E. Osborn Rd.
`Phoenix, Arizona 85016
`(602) 631-9100 - Tel
`(602) 631-4529 — Fax
`pto_ad|l@venjuris.com
`
`October 05, 2024
`
`Page 7 of 11
`
`

`

`Exhibit A
`ECO ROSES ALL ABOUT QUALITY (US Serial No. 98331723) — Application
`
`

`

`Trademark/Service Mark Application, Principal Register
`
`TEASPlus Application
`
`Serial Number: 98331723
`Filing Date: 12/27/2023
`
`NOTE:Datafields with the © are mandatory under TEAS Plus. The wording "(ifapplicable)"appears where thefield is only mandatory
`under thefacts ofthe particular application.
`
`Thetable below presents the data as entered.
`
`TEAS Plus
`
`MARK INFORMATION
`
`“MARK
`
`“SPECIAL FORM
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`*COLGR MARK
`
`*COLOR(S) CLAIMED
`(if applicable)
`
`“DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`PIXEL COUNT ACCEPTABLE
`
`PIXEL COUNT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`"OWNER OF MARK
`| INTERNAL ADDRESS
`*MAILING ADDRESS
`
`“CITY
`
`“COUNFRY/REGION/JURISDICTION/U.S. TERRITORY
`
`“EMAIL ADDRESS
`
`LEGAL ENTITY INFORMATION
`“TYPE
`
`YES
`
`WIICRS\EXPORT18\IMAGEOUT
`18\983\317\98331723\xml 1 \ FTK0002.JPG
`
`YES
`
`NO
`
`ECOROSES ALL ABOUT QUALITY
`NO
`
`The mark consists of a design ofa rose to the left of the
`stylized wording "eco" above the stylized wording "roses"
`above the stylized wording "ALL ABOUT QUALITY".
`NO
`
`306 x 203
`
`Principal
`
`ECOROSES§.A.
`
`Hacienda La Bolivia, Camino a Umbria
`
`Panamericana Norte Km 6 1/2
`
`Machachi
`
`Ecuador
`
`XXKK
`
`sociedad anonitna (sa)
`
`* STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`WHERE LEGALLY ORGANIZED
`
`Ecuador
`
`

`

`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`“INTERNATIONAL CLASS
`
`“IDENTIFICATION
`
`FILING BASIS
`
`FIRST USE ANYWHERE DATE
`
`FIRST USE IN COMMERCE DATE
`
`031
`
`Cut flowers; Preserved flowers for decoration
`
`SECTION I{a)
`
`Atleast as early as 09/18/2018
`
`At least as early as 09/18/2018
`
`SPECIMEN
`\TICRS\EXPORT18\IMAGEOUT
`18\983\317\98331723\xmll\FTK0003, JPG
`FILE NAME(S)
`
`SPECIMEN DESCRIPTION
`
`WEBPAGE URL
`
`WEBPAGEDATEOF ACCESS
`
`ADDITIONAL STATEMENTSSECTION
`
`TRANSLATION
`(if applicable)
`
`TRANSLITERATION
`(if applicable)
`
`"CLAIMED PRIOR REGISTRATION
`Gf applicable)
`
`“CONSENT (NAME/LIKENESS)
`(if applicable)
`
`“CONCURRENT USE CLAIM
`(if applicable)
`
`DISCLAIMER
`
`USE OF THE MARKIN ANOTHER FORM
`
`ATTORNEY INFORMATION
`
`NAME
`
`ATTORNEY DOCKET NUMBER
`
`ATTORNEY BAR MEMBERSHIP NUMBER
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH TERRITORY
`
`FIRM NAME
`
`STREET
`
`cITY
`
`STATE
`
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`EMAIL ADDRESS
`
`Photograph showing applied-for mark printed on packing
`boxes for the applied-for goods
`None Provided
`
`NoneProvided
`
`Noclaim is made to the exclusive right te use ROSES. apart
`from the mark as shown.
`
`The mark wasfirst used anywhere in a different form other
`than that soughtto be registered at least as early as 00/00/1997,
`and in commerceat least as early as 00/06/1997,
`
`Sebastian Lovera,esq.
`
`1723797077
`
`XXX
`
`XXXX
`
`XX
`
`Ladas & Parry LLP
`
`1040 Avenue of the Americas
`
`New York
`
`New York
`
`United States
`
`10618
`
`212-708-3452
`
`nyustmp@ladas.com
`
`

`

`OTHER APPOINTED ATTORNEY
`
`Dennis 8. Prahl, Lanning G. Bryer, Bharati Bakshani, Ralph H.
`Cathcart, Scott J. Lebson
`
`Sebastian Lovera,esq.
`
`Ladas & Parry LLP
`
`1040 Avenue of the Americas
`
`New York
`
`New York
`
`United States
`
`10018
`
`212-708-3452
`
`nyustmp@ladas.com
`
`Sebastian Lovera,esq.
`
`nyustmp@ladas.com
`
`slovera@ladas.com; aserrano@Iadas.com
`
`TEASPlus
`
`i 2
`
`50
`
`250
`
`250
`
`hw_38122229118-140439032__Declaration signed.pdf
`
`WTICRS\EXPORT18\IMAGEOUT
`18\983\317\98331723\xmll\ FIK0004.JPG
`
`Santiago Serrano
`
`General Manager
`
`Handwritten
`
`DOMESTIC REPRESENTATIVE INFORMATION
`NAME
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`ZIP CODE
`
`PHONE
`
`EMAIL ADDRESS
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`‘TOTAL FEES DUE
`
`“TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`ORIGINALPDF FILE
`
`CONVERTEDPDF FILE(S)
`(I page)
`
`* SIGNATORY'S NAME
`
`* SIGNATORY'S POSITION
`
`SIGNATURE METHOD
`
`

`

`Trademark/Service Mark Application, Principal Register
`
`TEASPlus Application
`
`Serial Number: 98331723
`
`Filing Date: 12/27/2023
`
`To the Commissioner for Trademarks:
`
`MARK:ECO ROSES ALL ABOUT QUALITY(stylized and/or with design, see below )
`
`Theliteral element of the mark consists of ECO ROSES ALL ABOUT QUALITY.The mark consists of a design of a rose to the left of the
`stylized wording "eco"abovethe stylized wording "roses" above the stylized wording "ALL ABOUT QUALITY".
`The applicant, ECOROSESS.A., a sociedad anonima(sa)legally organized underthe laws of Ecuador, having an address of
`Hacienda La Bolivia, Camino a Umbria
`Panamericana Norte Km 6 1/2
`Machachi
`Ecuador
`XXXX
`
`requests registration ofthe trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.}, as amended,for the following:
`
`Forspecific filing basis information for each item, you must view the display within the Input Table.
`International Class 031: Cut flowers; Preserved flowers for decoration
`
`Use in Commerce: The applicant is using the mark in commerce on orin connection with the identified goods/services. The applicant attaches, or
`will later submit, one specimen as a JPG/PDF imagefile showing the mark as used in commerceon or in connection with any item in the class of
`listed goods/services, regardless of whether the markitself is in the standard character formatoris a stylized or design mark. The specimen image
`file may be in color, and the image mustbe in colorif color is being claimed as a feature of the mark.
`
`in International Class 031, the mark wasfirst used by the applicant or the applicant's related companyorlicensee predecessorin interest at least
`as early as 09/18/2018, and first used in commerceat least as early as 09/18/2018, and is now in use in such commerce. The applicantis
`submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the classof listed
`goods/services, consisting of a(n) Photograph showing applied-for mark printed on packing boxesfor the applied-for goods.
`Specimen File
`
`Webpage URL: None Provided
`Webpage Date of Access: None Provided
`
`Disclaimer
`No claim is madeto the exclusive right to use ROSES apart from the mark as shown.
`
`Use of the mark in another form
`The mark wasfirst used anywherein a different form other than that soughtto be registered at least as early as. 00/00/1997, and in commerceat
`least as early as 00/00/1997.
`
`The owner's/holder's proposed attorney information: Sebastian Lovera,esq.. Other appointed attorneys are Dennis 8. Prahl, Lanning G. Bryer,
`Bharati Bakshani, Ralph H. Cathcart, Scott J. Lebson. Sebastian Lovera, esq. of Ladas & Parry LLP, is a memberof the XX bar, admitted to the
`bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
`1040 Avenue of the Americas
`New York, New York 10018
`
`

`

`Untied States
`
`2] 2-708-3452(phene}
`nyustmp@ladas.com
`The docket/reference number is 1123797077
`Sebastian Lovera, esq. submitted the following statement: The attorney ofrecord is an active memberin good standing of the bar of the highest
`court of a U.S. state, the District of Columbia. or any U.S. Commonwealth ortertitory.
`
`The applicant hereby appoints Sebastian Lovera, esq. of Ladas & Parry LLP
`1040 Avenue of the Americas
`New York New York 10018
`United States
`
`212-708-3452(phone)
`nyustmp@ladas.com
`as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.
`
`The applicant's current Correspondence Information:
`Sebastian Lovera,esq.
`PRIMARY EMAIL FOR CORRESPONDENCE:nyustmp@ladas com
`SECONDARY EMAIL ADDRESS(ES} (COURTESY COPIES): slovera@ladas.com: aserranc@ladas.com
`
`Requirement for Email and Electronic Filing: | understand that a valid emai] address must be maintained by the applicant owner/holder and
`the applicant owner's/halder's attomey,if appointed, and thatall official trademark correspondence must be submitted via the Trademark
`Electronic Application System (TEAS).
`A fee paymentin the amount of $250 has been submitted with the application, representing paymentfor1 class(es).
`
`Declaration Signature The attached signature imagefile:
`WTICRS\EXPORT 1 8UMAGEOUT1 8498313 1719833 1723\xml [\FTK0004,JPG
`
`Beclaration
`
`Signatory's Name: Santiago Serrano
`Signatory's Position: General Manager
`Signature method: Handwritten
`Payment Sale Number: 98331723
`Payment Accounting Date: 12/27/2023
`
`Serial Number: 98331723
`Internet Transmission Date: Wed Dec 27 11:26:09 ET 2073
`TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-2023 12271126099
`53986-9833 1 723-860c5822d1alb936al f8c7162
`£641b3fb33a38612b8d3 4cad8e93621c8e88183-
`DA-26096323-2023 1227112139820189
`
`

`

`i, CCO
`Y © roses
`
`ALL ABOUT QUALITY
`
`

`

`vey Peeters
`
`x
`
`atl
`eee aca
`MeatstcetsRee
`
`3
`
`-
`ci~
`
`LEaeieee solrfre]g
`www.ecoroses.com.ec
`aaa
`
`=
`
`akscoerre Pe
`
`ihn
`
`Machachi
`
`ratersea
`
`Mere ‘
`
`Sereret
`
`

`

`Declaration
`Read the following statements before signing. Acknowledge the statements by signing below.
`+ Basis:
`Ef the applicantis filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`° The signatory believes that the applicant is the owner ofthe trademark/service mark sought to be registered;
`@ The mark is in use in commerce and was in use in commerce as ofthe filing date ofthe application on orin
`connectian with the goods/services in the application;
`¢ The speciments) shows the mark as used on or in connection with the goods/services in the application and
`was used onorin connection with the goods/services in the application as ofthe application filing date; and
`® To the best ofthe signatory's knowledge and belief, the facts recited in the application are accurate.
`And/Or
`Ifthe applicantis filing the application based on an intent to use the mark in commerce under 15 U.S.C. §
`1051(b), § 1126(d), and/or § 1126(e):
`2 The signatory believes that the applicant is entitled to use the mark in commerce:
`© The applicant has a bona fide intention to use the mark in commerce and had a bonafide intention to use the
`mark in commerce as of the application filing date on or in connection with the goods/services in the
`application; and
`© To the best ofthe signatory's knowledge andbelief, the facts recited in the applicationare accurate.
`* To the best ofthe signatory’s knowledge and belief, no other persons, except, ifapplicable, concurrent users, have the
`right to use the mark in commerce, eitherin the identical form or in such near resemblanceas to belikely, when used
`on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
`* To the best of the signatory's knowledge, information, and belief. formed after an inquiry reasonable under the
`citcumstances, the allegations and other factual contentions made above have evidentiary support.
`* The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both,
`under 18 U.S.C. § 1001, and that such willful false statements and ihe like mayjeopardize the validity ofthe
`application or submission or any registration resulting therefrom. declares thai all statements made ofhis/her own
`knowledgeare true and all statemenis made on information and beliefare believed to be true.
`
` Signature:
`
`= ________
`Signatory's Name__>4wRiacoSERRANO
`Signatory's Position:
`boa
`Signatory's Phone Number:__5S¥,3 VA29t24o (144
`Date Signed:
`ie/ (2./ 2aZng
`
`NOTE TO APPLICANT: When filed as Fart of the electronic form (i.e, scanned and attached as an imagefile), the signature page
`must include both the signature information and the declaration language. Do not include the entire application, but do ensure
`that the declaration language actually appears, a signature by itselfwill not be acceptable . if, due to browserlimitations, the
`declaration language appears on a previous page when printed, you must "merge" the declaration and signature biock onto a
`single pageprior to signing, so that the one complete page can be scanned to create an acceptable imagefile. It is recommended
`that you copy-and-paste the entire text form into another document, manipulate the spacing there to move the declaration and
`signature section to a separate Page, and thenprint this new version of the text form tosend to the signatory,
`
`
`
`
`
`

`

`Exhibit B
`
`ECO ROSES ALL ABOUT QUALITY (US Serial No. 98331723) — Suspension Notice
`
`

`

`a T
`
`Sebastian Lovera, esq.(nyustmp@ladas.com)
`o:
`U.S. Trademark Application Serial No. 98331723 - ECO ROSES ALL ABOUT
`Subject:
`QUALITY - - 1123797077
`Jeet
`July 30, 2024 06:57:22 PM EDT
`Sent:
`Sent As:=tmng.notices@uspto.gov
`
`Attachments
`
`9819648 1
`OE
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No. 98331723
`
`Mark: ECO ROSES ALL ABOUT QUALITY
`
`Correspondence Address:
`Sebastian Lovera,esq.
`Ladas & Parry LLP
`1040 Avenue of the Americas
`New York NY 10018
`UNITED STATES
`
`Applicant: ECOROSESS.A.
`
`Reference/Docket No. 1723797077
`
`Correspondence Email Address: nyustmp@iadas.com
`
`SUSPENSION NOTICE
`No Response Required
`
`Issue date: July 30, 2024
`
`The application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et
`seq.
`
`USPTO database searched; prior-filed potentially conflicting pending application(s) found. The
`trademark examining attorney searched the USPTO database of registered and pending marks and
`found no conflicting registered marks that would bar registration under Trademark Act Section
`2(d). 15 U.S.C. §1052(d); TMEP §704.02. However, a mark(s) in a prior-filed pending application(s)
`may bar registration of applicant's mark.
`
`The pending application(s) below has an earlier filing date or effective filing date than applicant's
`application. If the mark in the application(s) below registers, the USPTO mayrefuse registration of
`
`

`

`applicant's mark under Section 2(d) because of a likelihood of confusion with the registered
`mark(s). 15 U.S.C, §1052(d); see 37 C.F.R. §2.83; TMEP §1208.02(c). Action on this application is
`suspended until
`the prior-filed application(s) below either
`registers or abandons. 37 C.F.R.
`§2.83(c). Information relevant to the application(s) below is provided in this letter.
`
`- U.S. Application Serial No(s). 98196481.
`
`
`
`If the mark(s) in the potentially conflicting prior-filed application(s) has been assigned to applicant,
`applicant may provide evidence of ownership of the mark(s) to avoid a possible refusal under
`Trademark Act Section 2(d) based on a likelihood of confusion. See 15 U.S.C. §1052(d); TMEP
`§812.01.
`
`Applicant may provide evidence of ownership of the mark(s)by satisfying one ofthe following:
`
`Record the assignment with the USPTO’s Assignment Recordation Branch
`(1)
`(ownership
`transfer
`documents
`such
`as
`assignments
`can
`be
`filed
`online
`at
`https://assignmentcenter.uspto.gov) and promptly notify the trademark examining attorney
`that the assignment has been duly recorded;
`
`(2)
`
`Submit copies of documents evidencing the chain oftitle; or
`
`Submit the following statement, verified with an affidavit or signed declaration
`(3)
`under 37 C.F.R. §2.20:
`“Applicant
`is the owner of Application Serial No(s).
`98196481.” To provide this statement using the Trademark Electronic Application System
`(TEAS), use the “Response to Office Action” form; answer “yes” to questions #3 and #9;
`then, continuing on to the next portion of the form,
`in the “Additional Statement(s)”
`section, check the box for “Miscellaneous Statement” and write in the free form text field
`for the “Miscellaneous Statement” that “Applicant is the owner of Application Serial
`No(s). 98196481,” inserting the relevant application serial number(s); and follow the
`instructions within the form for signing. The form must be signed twice; a signature is
`required both in the “Declaration Signature” section and in the “Response Signature”
`section.
`
`TMEP§812.01;see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e){1), 3.25, 3.73(a)-(b); TMEP §502.02(a).
`
`Recording a document with the Assignment Recordation Branch does not constitute a response to an
`Office action. TMEP §503.01(d).
`
`Suspension process. The USPTO will periodically check this application to determine if it should
`remain suspended, See TMEP §716.04. As needed,
`the trademark examining attorney will
`issue a
`letter to applicant to inquire aboutthe status of the reason for the suspension. TMEP §716.05.
`
`No response required. Applicant may file a response, but is not required to doso.
`
`

`

`/Karl Wert/
`Karl Wert
`Examining Attorney
`LOI20--LAW OFFICE 120
`(571) 270-7751
`Karl. Wert@uspto.gov
`
`

`

`98196431
`
`ecoroses
`
`LOS ANGELES
`
`Word Mark
`
`ECOROSES LOS ANGELES
`
`Goods/Services
`
`IC 031 US 001 046
`Cut flowers, namely, roses, orchids, peonies, hydrangeas, lisianthus.
`
`Register
`
`PRINCIPAL
`
`Seria] Number
`
`98196481
`
`Filing Date
`
`2023-09-25T00:00:00
`
`Original Filing Basis
`
`Current Filing Basis
`
`la
`
`la
`
`Publication Date
`
`2024-08-06
`
`Owner
`
`(APPLICANT) ECO ROSESLA INC (CORPORATION; CALIFORNIA,
`USA); 4718 SAN FERNANDO ROADUNIT E, GLENDALE, CALIFORNIA
`91204, UNITED STATES
`
`Type of Mark
`
`TRADEMARK
`
`Mark Drawing Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Design Code
`
`050502, 270304
`
`Description of Mark
`
`* The color(s) black, white, red, and aquablueis/are claimed as a feature of
`the mark.
`* The mark consists of the stylized wording "ECOROSES", with "LOS
`ANGELES"below,both in black. Abovetheletter "R" is a stylized flower,
`outlined in black, with white, red, and aqua blue inner portion.
`
`Disclaimer
`
`Los Angeles
`
`Live Dead Indicator
`
`LIVE
`
`

`

`Status
`
`PUBLICATION/ISSUE REVIEW COMPLETE
`
`Attorney of Record
`
`Robert E. Wasserman
`
`Print: July 30, 2024 3:53 PM
`
`

`

`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on July 30, 2024 for
`U.S. Trademark Application Serial No. 98331723
`
`A USPTO examining attorney has reviewed your trademark application and issued an Office
`action. You maybe required to respondto this Office action. Follow the steps below.
`
`(1) Read the Office action. This email is NOT the Office action.
`
`(2) Respond to the Office action, if a response is required. Respond by deadline using the
`Trademark Electronic Application System (TEAS). Your response must be received by the
`USPTOonorbefore 11:59 p.m. Eastern Timeofthe last day of the response period.
`Otherwise, your application will be abandoned. See the Office action itself regarding how to
`respond.
`
`(3) Direct general questions about using USPTO electronic forms, the USPTO website, the
`application process, the status ofyour application, and whether there are outstanding deadlines
`to the Trademark Assistance Center
`(TAC).
`
`After reading the Office action, address any question(s) regarding the specific contentto the
`USPTO examining attorney identified in the Office action.
`
`GENERAL GUIDANCE
`* Check the status of your application periodically in the Trademark Status &
`Document Retrieval (TSDR) database to avoid missingcritical deadlines.
`
`
`* Update your correspondence email addressto ensure you receive important USPTO
`notices about your application.
`
`* Beware of trademark-related scams. Protect yourself from people and companies that
`may try to take financial advantageof you. Private companies maycall you and pretend
`to be the USPTO or may send you communications that resemble official USPTO
`documentsto trick you. We will never request your credit card numberor social security
`numberover the phone. Verify the correspondenceoriginated from us by using your
`
`Serial Numberin our database, TSDR,to confirm that it appears under the “Documents”
`tab, or contact the Trademark Assistance Center.
`
`- Hiring a U.S.-licensed attorney, If you donot have an attorney andare not required to
`
`

`

`have one under the trademark rules, we encourage youto hire a U.S.-licensed attomey
`specializing in trademark law to help guide you through the registration process. The
`USPTO examiningattorneyis not your attorney and cannotgive you legal advice, but
`rather works for and represents the USPTOin trademark matters.
`
`

`

`Exhibit C
`ECO ROSES SA Credit Application Form by ECO ROSESLA, Inc.
`April 13, 2023
`
`

`

`eco
`roses
`
`13 de abrilde 2023
`
`
`
`WSTAGRALA
`
`FACEBOOK
`
`eaOLTF
`i
` DATE
`farl ze) ewe)
`Fula LEGAL COMPANT SALI
`COMMERCIAL MARAE
`TAX ID HUIBER
`WEESITE
`
`92-2972807
`
`Exo Roses LA Inc,
`Ecoosesingom
`
`
`
`ESTABLISHED SINCE
`DAAft differ ent) O8 DIVISION (Parent Compane)
`
`
`January. 2023
`
`APORESS
`TP CODE
`COUNTRY
`TELEFHOHE
`TELEPHOME 7
`
`4718 San Fernando Road, Unt
`F204
`at
`05a
`610-781
`
`
`
`WeeAT TYPE GF BUSINESS ARE YOU
`
`CFOUA COMPANY LEGAL STRUCTURE 15?
`If INCORPORATED ZURDER THE S3ATE LAW DFT
`
`
`Catdornia
`1D wene ED wince
`
`
`) conzoranon
`=)
`[7 partrensinp
`
`
`
`
`VEARLY SALES AVERAGE
`
`AUMBEA OF EMPLOYEES
`
`EVESWHOM? eee
`HAVEYOUEV