ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1391762
`10/24/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91294372
`
`Party
`
`Correspondence
`address
`
`Defendant
`ECO ROSES LA INC
`
`ROBERT E. WASSERMAN
`21143 HAWHTORNE BLVD. 260
`TORRANCE, CA 90503
`UNITED STATES
`Primary email: wass@rewoflaw.com
`Secondary email(s): ashot@ecorosesla.com
`6197349277
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Robert E. Wasserman
`
`wass@rewoflaw.com
`
`/Robert E. Wasserman/
`
`10/24/2024
`
`Attachments
`
`Answer_TTAB Opp. No.91294372.pdf(691807 bytes )
`
`
`
`Filing date:
`
`ESTTA1391762
`10/24/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91294372
`
`Party
`
`Correspondence
`address
`
`Defendant
`ECO ROSES LA INC
`
`ROBERT E. WASSERMAN
`21143 HAWHTORNE BLVD. 260
`TORRANCE, CA 90503
`UNITED STATES
`Primary email: wass@rewoflaw.com
`Secondary email(s): ashot@ecorosesla.com
`6197349277
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Robert E. Wasserman
`
`wass@rewoflaw.com
`
`/Robert E. Wasserman/
`
`10/24/2024
`
`Attachments
`
`Answer_TTAB Opp. No.91294372.pdf(691807 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`ECOROSES LLC,
`
` v.
`
`ECO ROSES LA INC,
`
`Opposer,
`
`Applicant.
`
` )
`)
`)
`)
`)
`)
` )
` )
`)
`
` Answer to Opposition
`
`Opposition No. 91294372
`Application. No. 98196481
`Mark: ecoroses LOS ANGELES
`
`ANSWER TO OPPOSITION
`
`Applicant, ECO ROSES LA INC ("Applicant"), by and through its undersigned attorney, hereby
`
`answers the Opposition filed by ECOROSES LLC ("Opposer") against U.S. Trademark Serial No.
`
`98196481 for the mark ecoroses LOS ANGELES, and responds to the numbered paragraphs of the
`
`Opposition as follows:
`
`1.
`
`Applicant lacks sufficient knowledge or information to admit or deny the allegations in
`
`Paragraph 1 of the Opposition and therefore denies the same.
`
`2.
`
`Applicant lacks sufficient knowledge or information to admit or deny the allegations in
`
`Paragraph 2 of the Opposition and therefore denies the same.
`
`3.
`
`Applicant lacks sufficient knowledge or information to admit or deny the allegations in
`
`Paragraph 3 of the Opposition and therefore denies the same.
`
`4.
`
`Applicant lacks sufficient knowledge or information to admit or deny the allegations in
`
`Paragraph 4 of the Opposition and therefore denies the same.
`
`5.
`
`6.
`
`Applicant admits the information in Paragraph 5 of the Opposition.
`
`Applicant lacks sufficient knowledge or information to admit or deny the allegations in
`
`Paragraph 6 and therefore denies the same.
`
`1
`
`
`
`7.
`
`8.
`
`9.
`
`Applicant admits the information in Paragraph 7 of the Opposition.
`
`Applicant incorporates its responses to Paragraphs 1 through 7 as if fully set forth herein.
`
`Applicant lacks sufficient knowledge or information to admit or deny the allegations in
`
`Paragraphs 9-28 of the Opposition and therefore denies the same.
`
`AFFIRMATIVE DEFENSES
`
`I. OPPOSER LACKS STANDING
`
`10.
`
`Opposer claims to be a licensee, yet it has provided no supporting documentation such as
`
`a license agreement or other contractual proof substantiating the existence, scope, or duration of any
`
`licensing arrangement.
`
`11.
`
`This omission calls into question the validity of their standing to oppose the relevant
`
`application.
`
`12.
`
`Absent documentation, Opposer cannot establish a legitimate connection to the mark or
`
`demonstrate continuous use sufficient to support its claims.
`
`II. PRIORITY OF USE
`
`13.
`
`Applicant filed for the mark “ecoroses LOS ANGELES” on July 1, 2023, during a period
`
`when Opposer was administratively dissolved (EXHIBIT A) and legally prohibited from conducting
`
`business.
`
`14.
`
`Any alleged prior use by Opposer is invalid due to this inactivity, and without proper
`
`licensing documentation, any assertion of use through third parties also should be precluded.
`
`III. ESTOPPEL
`
`15.
`
`Opposer is estopped from asserting claims based on priority or confusion, given its failure
`
`to provide evidence of any valid license arrangement or continuous business operations.
`
`16.
`
`Opposer’s administrative dissolution on September 23, 2022, (EXHIBIT B) followed by
`
`reinstatement on March 15, 2024, (EXHIBIT C) demonstrates a material gap in operations that
`
`undermines its claims.
`
`IV. LACK OF LIKELIHOOD OF CONFUSION
`
`2
`
`
`
`17.
`
`The absence of supporting documentation for the alleged license further weakens
`
`Opposer’s ability to claim a likelihood of confusion.
`
`18.
`
`Additionally, the geographical identifier “LOS ANGELES” in Applicant’s mark
`
`distinguishes it from any purported use by Opposer.
`
`V. LACK OF DOCUMENTATION FOR DILUTION CLAIMS
`
`19.
`
`Opposer failed to submit evidence supporting any dilution claims under Sections 2 and
`
`43(c) of the Lanham Act.
`
`20.
`
`Without sufficient documentation of a licensing relationship or continuous, recognizable
`
`use of the mark, Opposer cannot meet the high standard required for dilution protection.
`
`RESERVATION OF RIGHTS
`
`Applicant reserves the right to amend or supplement this Answer as permitted by the rules and
`
`procedure of the Trademark Trial and Appeal Board.
`
`WHEREFORE, Applicant respectfully requests that the Trademark Trial and Appeal Board deny
`
`the Opposition, dismiss the proceeding with prejudice, and grant such other and further relief as the Board
`
`deems just and proper.
`
`Date: October 24, 2024
`
`Respectfully submitted,
`
`By: /Robert E. Wasserman/
`
`Robert E. Wasserman, esq.
`21143 Hawthorne Blvd. 260
`Torrance, CA 90503
`619-734-9277
`WASS@REWofLAW.com
`Attorney for Applicant, ECO ROSES LA INC
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing Answer to Opposition was served on
`
`October 24, 2024, via email, upon Opposer at the following email address:
`
`Pto_adl@venjuris.com
`dlogan@venjuris.com
`
`Dated: October 24, 2024
`
`By: /Robert E. Wasserman/
`
`Robert E. Wasserman, esq.
`21143 Hawthorne Blvd. 260
`Torrance, CA 90503
`619-734-9277
`WASS@REWofLAW.com
`Attorney for Applicant, ECO ROSES LA INC
`
`4
`
`
`
`EXHIBIT A: 2021 FLORIDA SECRETARY OF STATE ANNUAL REPORT ECOROSES LLC
`EXHIBIT A: 2021 FLORIDA SECRETARY OF STATE ANNUAL REPORT ECOROSES LLC
`
`
`
` 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
`
`DOCUMENT# L20000061691
`
`Entity Name: ECOROSES LLC
`
`Current Principal Place of Business:
`
`8180 NW 36 STREET
`100
`DORAL, FL 33166
`
`Current Mailing Address:
`
`8180 NW 36 STREET
`100
`DORAL, FL 33166 US
`
`FEI Number: 84-4938563
`
`Name and Address of Current Registered Agent:
`
`CHIRIBOGA ALLNUTT, ESTEBAN
`5445 NW 112 PATH
`DORAL, FL 33178 US
`
`FILED
`Feb 23, 2021
`Secretary of State
`9623647433CC
`
`Certificate of Status Desired:
`
`No
`
`The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
`
`SIGNATURE:
`
`Electronic Signature of Registered Agent
`
`Date
`
`Authorized Person(s) Detail :
`
`Title
`
`Name
`
`MBR
`
`CHIRIBOGA ALLNUTT, ESTEBAN
`
`Title
`
`Name
`
`MBR
`
`ECOROSES SA
`
`Address
`
`5445 NW 112 PATH
`
`Address
`
`5445 NW 112 PATH
`
`City-State-Zip: DORAL FL 33178
`
`City-State-Zip: DORAL FL 33178
`
`I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
`oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
`that my name appears above, or on an attachment with all other like empowered.
`
`SIGNATURE:
`
`ESTEBAN CHIRIBOGA ALLNUTT
`
`MEMBER
`
`Electronic Signature of Signing Authorized Person(s) Detail
`
`02/23/2021
`
`Date
`
`
`
`EXHIBIT B: FLORIDA DEPARTMENTOF STATE ECOROSES LLC ENTITY EVENT HISTORY
`EXHIBIT B: FLORIDA DEPARTMENT OF STATE ECOROSES LLC ENTITY EVENT HISTORY
`
`
`
`10/9/24, 4:44 PM
`
`Florida Department of State
`
`Event History
`
`D(cid:3473)(cid:3486)(cid:3473)(cid:3483)(cid:3473)(cid:3479)(cid:3478) (cid:3479)(cid:3470) C(cid:3479)(cid:3482)(cid:3480)(cid:3479)(cid:3482)(cid:3465)(cid:3484)(cid:3473)(cid:3479)(cid:3478)(cid:3483)
`
`Department of State / Division of Corporations / Search Records / Return to Detail Screen /
`
`Return to Detail Screen
`
`Events
`ECOROSES LLC
`Document Number
`Date Filed
`Effective Date
`Status
`
`L20000061691
`02/25/2020
`None
`Active
`
`Event Type
`REINSTATEMENT
`ADMIN DISSOLUTION FOR
`ANNUAL REPORT
`REINSTATEMENT
`ADMIN DISSOLUTION FOR
`ANNUAL REPORT
`
`Return to Detail Screen
`
`Effective Date Description
`
`Filed Date
`03/15/2024
`
`09/23/2022
`
`03/15/2024
`
`03/15/2024
`
`09/23/2022
`
`Florida Department of State, Division of Corporations
`
`https://search.sunbiz.org/Inquiry/CorporationSearch/EventHistory?aggregateId=flal-l20000061691-927e4db8-ad84-4950-a976-56ada0692155&entityId… 1/1
`
`
`
`EXHIBIT C: 2024 FLORIDA SECRETARY OF STATE LLC REINSTATEMENT ECORSOSES LLC
`EXHIBIT C: 2024 FLORIDA SECRETARY OF STATE LLC REINSTATEMENT ECORSOSES LLC
`
`
`
` 2024 FLORIDA LIMITED LIABILITY COMPANY REINSTATEMENT
`
`DOCUMENT# L20000061691
`
`Entity Name: ECOROSES LLC
`
`Current Principal Place of Business:
`
`8180 NW 36 STREET
`100
`DORAL, FL 33166
`
`Current Mailing Address:
`
`8180 NW 36 STREET
`100
`DORAL, FL 33166 US
`
`FEI Number: 84-4938563
`
`Name and Address of Current Registered Agent:
`
`CHIRIBOGA ALLNUTT, ESTEBAN
`5445 NW 112 PATH
`DORAL, FL 33178 US
`
`FILED
`Mar 15, 2024
`Secretary of State
`1996920259CR
`
`Certificate of Status Desired:
`
`No
`
`The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
`
`SIGNATURE:
`
`ESTEBAN CHIRIBOGA ALLNUTT
`
`Electronic Signature of Registered Agent
`
`Authorized Person(s) Detail :
`
`Title
`
`Name
`
`MBR
`
`CHIRIBOGA ALLNUTT, ESTEBAN
`
`Title
`
`Name
`
`MBR
`
`ECOROSES SA
`
`Address
`
`5445 NW 112 PATH
`
`Address
`
`5445 NW 112 PATH
`
`City-State-Zip: DORAL FL 33178
`
`City-State-Zip: DORAL FL 33178
`
`03/15/2024
`Date
`
`I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
`oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
`that my name appears above, or on an attachment with all other like empowered.
`
`SIGNATURE:
`
`ESTEBAN CHIRIBOGA ALLNUTT
`
`PRESIDENT
`
`Electronic Signature of Signing Authorized Person(s) Detail
`
`03/15/2024
`
`Date
`
`
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