ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1396818
`11/19/2024
`
`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
`Granted to date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Docket no.
`
`TEKEVER HOLDINGS, S.A.
`12/04/2024
`
`RUA DAS MINAS, 2, ZONA INDUSTRIAL
`ESTRADA DA FOZ DO ARELHO
`CALDAS DA RAINHA, 2500-750
`PORTUGAL
`
`BEN NATTER
`HAUG PARTNERS LLP
`745 FIFTH AVENUE
`NEW YORK, NY 10151
`UNITED STATES
`Primary email: bnatter@haugpartners.com
`Secondary email(s): mbarer@haugpartners.com, docket@haugpartners.com,
`ttab@haugpartners.com
`No phone number provided
`A1083-7
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97253347
`11/19/2024
`
`Publication date
`Opposition period
`ends
`
`08/06/2024
`12/04/2024
`
`TEKEVER, Inc.
`8 THE GREEN, SUITE D
`DOVER, DE 19901
`UNITED STATES
`Goods/services affected by opposition
`
`Class 012. First Use: Jan 4, 2001 First Use In Commerce: Jan 4, 2001
`All goods and services in the class are opposed, namely: Unmanned aerial vehicles (UAVs)
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`No use of mark in commerce before application,
`amendment to allege use, or statement of use
`was due
`No bona fide intent to use mark in commerce for
`identified goods or services
`Applicant not rightful owner of mark for identified
`
`Trademark Act Section 2(d)
`Trademark Act Section 1(a) and (c)
`
`Trademark Act Section 1(b), 44(e) or 66(a)
`
`Trademark Act Section 1
`
`

`

`goods or services
`Fraud on the USPTO
`
`Other
`
`In re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`1938 (Fed. Cir. 2009)
`Applicant has/will use its mark so as to misrep-
`resent the source of its goods
`
`Marks cited by opposer as basis for opposition
`
`U.S. application
`no.
`Registration date
`
`97686950
`
`NONE
`
`Word mark
`Design mark
`
`TEKEVER
`
`Application date
`
`11/21/2022
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 007. First use: First Use: None First Use In Commerce: None
`Motors for aeronautical purposes; Marine engines
`Class 009. First use: First Use: None First Use In Commerce: None
`Navigational devices, Navigation systems, guidance devices, Guidance sys-
`tems, Monitoring devices, Surveillance systems, Tracking devices, Tracking sys-
`tems, Marking devices, Marking systems, Mapping devices and Mapping sys-
`tems, for use with terrestrial vehicles, watercraft, Space vehicles and Unmanned
`aerial vehicles, namely, drones; Wireless communication systems, namely, wire-
`less communication devices for voice, data, or image transmission for use with
`terrestrial vehicles, watercraft, space vehicles and unmanned aerial vehicles;
`Sensors based on radio frequency¸ namely, sensors for determining position,
`velocity, and acceleration for use with terrestrial vehicles, watercraft, space
`vehicles and unmanned aerial vehicles; Autonomous control systems using arti-
`ficial intelligence platforms, namely, electronic control systems for machines for
`use with terrestrial vehicles, watercraft, space vehicles and unmanned aerial
`vehicles; Downloadable and recorded computer programs for use in the
`autonomous navigation of vehicles; Autonomous driving control systems for
`vehicles, namely, navigational systems for autonomous vehicles; Downloadable
`and recorded software for the navigation, control, and monitoring of terrestrial
`vehicles, watercraft, space vehicles and unmanned aerial vehicles; Computer
`hardware; Downloadable and recorded computer firmware for the navigation,
`control, and monitoring of terrestrial vehicles, watercraft, space vehicles and un-
`manned aerial vehicles; Downloadable software applications for the navigation,
`control, and monitoring of terrestrial vehicles, watercraft, space vehicles and un-
`manned aerial vehicles; Autonomous air, land, water and space systems,
`namely, electronic control systems for machines; Downloadable and recorded
`software for use in the autonomous navigation of vehicles; Vehicles control ap-
`paratus, namely, navigational systems for use with autonomous vehicles; navig-
`ation devices for use in vehicles; wireless communication apparatus, namely,
`devices for voice, data or image transmission; Aeronautical communications ap-
`paratus, namely, devices for voice, data or image transmission; Sensors, detect-
`ors and monitoring instruments, namely devices for determining position, velo-
`city, and acceleration; Sensors based on radio frequency, namely, devices for
`determining position, velocity, and acceleration
`Class 012. First use: First Use: None First Use In Commerce: None
`Aeronautical apparatus, machines, and appliances, namely, structural parts for
`air vehicles; Aircraft; Land Vehicles; Air vehicles; Space vehicles; Marine
`
`

`

`vehicles; Amphibious vehicles; Autonomous vehicles, namely, pilotless aircraft;
`Self-driving transport vehicles; drones and other unmanned air vehicles; Civilian
`drones; Military drones; Camera drones; Delivery drones; Rescue drones;
`Vehicles adapted for military purposes, namely, aircraft, land vehicles, air
`vehicles, space vehicles, and marine vehicles; Unmanned aerial vehicles
`(UAVs)
`Class 035. First use: First Use: None First Use In Commerce: None
`Retail store services featuring autonomous driving control systems, for use in air
`vehicles, land vehicles, vehicles for water and space vehicles; Retail store ser-
`vices featuring wireless communication systems; Retail store services featuring
`sensors based on radio frequency
`Class 037. First use: First Use: None First Use In Commerce: None
`Maintenance and repair of air vehicles, spacecraft, marine vehicles, drones, ci-
`vilian drones, military drones, camera drones, delivery drones, rescue drones
`and pilotless aircraft; Maintenance and repair of autonomous air, land, water,
`and space systems
`Class 038. First use: First Use: None First Use In Commerce: None
`Wireless communications services, namely, transmission of voice, audio, visual
`images and data by telecommunications networks, wireless communication net-
`works, the Internet, information service networks and data networks; Wireless
`broadcasting; Aeronautical telecommunication services; Wireless communica-
`tion services for the operation of autonomous driving control systems for use
`with in relation to the following goods unmanned air vehicles, land vehicles, wa-
`ter vehicles and space vehicles
`Class 039. First use: First Use: None First Use In Commerce: None
`Arranging transportation of passengers and goods for others by land, sea, and
`air; Air transport; Consultancy in the field of air transports; Rental services fea-
`turing pilotless aircraft; Pilotless aircraft handling, namely, moving and storage of
`aircraft
`Class 042. First use: First Use: None First Use In Commerce: None
`Research development and design of autonomous computerized driving control
`systems for use in flying apparatus, land automotive vehicles, water transporta-
`tion vehicles and spacecraft; Development and design of wireless communica-
`tion computer systems and sensors based on radio frequency; Development of
`artificial intelligence software for use in flying apparatus, land automotive
`vehicles, water transportation vehicles and spacecraft; Design services for flying
`apparatus, land automotive vehicles, water transportation vehicles and space-
`craft and scientific and technological surveying; Technological consulting ser-
`vices for digital transformation; Technical research in the field of aeronautics;
`Design and development of engineering products; Technical project planning in
`the field of engineering; Development of aircraft; Aircraft design; Technical con-
`sultation in the field of aerospace engineering; Professional technological con-
`sultancy relating to marine technology; Technical consultancy services relating
`to marine engineering; Software development, programming and implementa-
`tion; Computer programming; Computer hardware and software development
`services; Development services of downloadable application software; Carto-
`graphy services; Development services for software for autonomous navigation
`of vehicles; Development services for autonomous driving control systems for
`vehicles; Development services for vehicle control apparatus; Development ser-
`vices for navigation devices for use in vehicles; Development services for wire-
`less communication apparatus; Development services for aeronautical commu-
`nications apparatus; Development services for aeronautical communications ap-
`paratus; Development services for sensors, detectors and monitoring instru-
`ments; Development services for sensors based on radio frequency
`
`U.S. application
`no.
`
`97686955
`
`Application date
`
`11/21/2022
`
`

`

`Registration date
`
`NONE
`
`Word mark
`Design mark
`
`TEKEVER
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`The mark consists of the stylized red word "TEKEVER".
`
`Class 007. First use: First Use: None First Use In Commerce: None
`Motors for aeronautical purposes; Marine engines
`Class 009. First use: First Use: None First Use In Commerce: None
`Navigational devices, Navigation systems, guidance devices, Guidance sys-
`tems, Monitoring devices, Surveillance systems, Tracking devices, Tracking sys-
`tems, Marking devices, Marking systems, Mapping devices and Mapping sys-
`tems, for use with terrestrial vehicles, watercraft, Space vehicles and Unmanned
`aerial vehicles, namely, drones; Wireless communication systems, namely, wire-
`less communication devices for voice, data, or image transmission for use with
`terrestrial vehicles, watercraft, space vehicles and unmanned aerial vehicles;
`Sensors based on radio frequency¸ namely, sensors for determining position,
`velocity, and acceleration for use with terrestrial vehicles, watercraft, space
`vehicles and unmanned aerial vehicles; Autonomous control systems using arti-
`ficial intelligence platforms, namely, electronic control systems for machines for
`use with terrestrial vehicles, watercraft, space vehicles and unmanned aerial
`vehicles; Downloadable and recorded computer programs for use in the
`autonomous navigation of vehicles; Autonomous driving control systems for
`vehicles, namely, navigational systems for autonomous vehicles; Downloadable
`and recorded software for the navigation, control, and monitoring of terrestrial
`vehicles, watercraft, space vehicles and unmanned aerial vehicles; Computer
`hardware; Downloadable and recorded computer firmware for the navigation,
`control, and monitoring of terrestrial vehicles, watercraft, space vehicles and un-
`manned aerial vehicles; Downloadable software applications for the navigation,
`control, and monitoring of terrestrial vehicles, watercraft, space vehicles and un-
`manned aerial vehicles; Autonomous air, land, water and space systems,
`namely, electronic control systems for machines; Downloadable and recorded
`software for use in the autonomous navigation of vehicles; Vehicles control ap-
`paratus, namely, navigational systems for use with autonomous vehicles; navig-
`ation devices for use in vehicles; wireless communication apparatus, namely,
`devices for voice, data or image transmission; Aeronautical communications ap-
`paratus, namely, devices for voice, data or image transmission; Sensors, detect-
`ors and monitoring instruments, namely devices for determining position, velo-
`city, and acceleration; Sensors based on radio frequency, namely, devices for
`determining position, velocity, and acceleration
`Class 012. First use: First Use: None First Use In Commerce: None
`Aeronautical apparatus, machines, and appliances, namely, structural parts for
`air vehicles; Aircraft; Land Vehicles; Air vehicles; Space vehicles; Marine
`vehicles; Amphibious vehicles; Autonomous vehicles, namely, pilotless aircraft;
`Self-driving transport vehicles; drones and other unmanned air vehicles; Civilian
`drones; Military drones; Camera drones; Delivery drones; Rescue drones;
`Vehicles adapted for military purposes, namely, aircraft, land vehicles, air
`vehicles, space vehicles, and marine vehicles; Unmanned aerial vehicles
`(UAVs)
`Class 035. First use: First Use: None First Use In Commerce: None
`Retail store services featuring autonomous driving control systems, for use in air
`vehicles, land vehicles, vehicles for water and space vehicles; Retail store ser-
`vices featuring wireless communication systems; Retail store services featuring
`
`

`

`sensors based on radio frequency
`Class 037. First use: First Use: None First Use In Commerce: None
`Maintenance and repair of air vehicles, spacecraft, marine vehicles, drones, ci-
`vilian drones, military drones, camera drones, delivery drones, rescue drones
`and pilotless aircraft; Maintenance and repair of autonomous air, land, water,
`and space systems
`Class 038. First use: First Use: None First Use In Commerce: None
`Wireless communications services, namely, transmission of voice, audio, visual
`images and data by telecommunications networks, wireless communication net-
`works, the Internet, information service networks and data networks; Wireless
`broadcasting; Aeronautical telecommunication services; Wireless communica-
`tion services for the operation of autonomous driving control systems for use
`with in relation to the following goods unmanned air vehicles, land vehicles, wa-
`ter vehicles and space vehicles
`Class 039. First use: First Use: None First Use In Commerce: None
`Arranging transportation of passengers and goods for others by land, sea, and
`air; Air transport; Consultancy in the field of air transports; Rental services fea-
`turing pilotless aircraft; Pilotless aircraft handling, namely, moving and storage of
`aircraft
`Class 042. First use: First Use: None First Use In Commerce: None
`Research development and design of autonomous computerized driving control
`systems for use in flying apparatus, land automotive vehicles, water transporta-
`tion vehicles and spacecraft; Development and design of wireless communica-
`tion computer systems and sensors based on radio frequency; Development of
`artificial intelligence software for use in flying apparatus, land automotive
`vehicles, water transportation vehicles and spacecraft; Design services for flying
`apparatus, land automotive vehicles, water transportation vehicles and space-
`craft and scientific and technological surveying; Technological consulting ser-
`vices for digital transformation; Technical research in the field of aeronautics;
`Design and development of engineering products; Technical project planning in
`the field of engineering; Development of aircraft; Aircraft design; Technical con-
`sultation in the field of aerospace engineering; Professional technological con-
`sultancy relating to marine technology; Technical consultancy services relating
`to marine engineering; Software development, programming and implementa-
`tion; Computer programming; Computer hardware and software development
`services; Development services of downloadable application software; Carto-
`graphy services; Development services for software for autonomous navigation
`of vehicles; Development services for autonomous driving control systems for
`vehicles; Development services for vehicle control apparatus; Development ser-
`vices for navigation devices for use in vehicles; Development services for wire-
`less communication apparatus; Development services for aeronautical commu-
`nications apparatus; Development services for aeronautical communications ap-
`paratus; Development services for sensors, detectors and monitoring instru-
`ments; Development services for sensors based on radio frequency
`
`Application date
`
`11/21/2022
`
`Foreign priority
`date
`
`NONE
`
`U.S. application
`no.
`Registration date
`
`97686954
`
`NONE
`
`Word mark
`Design mark
`
`TEKEVER.COM
`
`Description of
`mark
`
`NONE
`
`

`

`Goods/services
`
`Class 007. First use: First Use: None First Use In Commerce: None
`Motors for aeronautical purposes; Marine engines
`Class 009. First use: First Use: None First Use In Commerce: None
`Navigational devices, Navigation systems, guidance devices, Guidance sys-
`tems, Monitoring devices, Surveillance systems, Tracking devices, Tracking sys-
`tems, Marking devices, Marking systems, Mapping devices and Mapping sys-
`tems, for use with terrestrial vehicles, watercraft, Space vehicles and Unmanned
`aerial vehicles, namely, drones; Wireless communication systems, namely, wire-
`less communication devices for voice, data, or image transmission for use with
`terrestrial vehicles, watercraft, space vehicles and unmanned aerial vehicles;
`Sensors based on radio frequency¸ namely, sensors for determining position,
`velocity, and acceleration for use with terrestrial vehicles, watercraft, space
`vehicles and unmanned aerial vehicles; Autonomous control systems using arti-
`ficial intelligence platforms, namely, electronic control systems for machines for
`use with terrestrial vehicles, watercraft, space vehicles and unmanned aerial
`vehicles; Downloadable and recorded computer programs for use in the
`autonomous navigation of vehicles; Autonomous driving control systems for
`vehicles, namely, navigational systems for autonomous vehicles; Downloadable
`and recorded software for the navigation, control, and monitoring of terrestrial
`vehicles, watercraft, space vehicles and unmanned aerial vehicles; Computer
`hardware; Downloadable and recorded computer firmware for the navigation,
`control, and monitoring of terrestrial vehicles, watercraft, space vehicles and un-
`manned aerial vehicles; Downloadable software applications for the navigation,
`control, and monitoring of terrestrial vehicles, watercraft, space vehicles and un-
`manned aerial vehicles; Autonomous air, land, water and space systems,
`namely, electronic control systems for machines; Downloadable and recorded
`software for use in the autonomous navigation of vehicles; Vehicles control ap-
`paratus, namely, navigational systems for use with autonomous vehicles; navig-
`ation devices for use in vehicles; wireless communication apparatus, namely,
`devices for voice, data or image transmission; Aeronautical communications ap-
`paratus, namely, devices for voice, data or image transmission; Sensors, detect-
`ors and monitoring instruments, namely devices for determining position, velo-
`city, and acceleration; Sensors based on radio frequency, namely, devices for
`determining position, velocity, and acceleration
`Class 012. First use: First Use: None First Use In Commerce: None
`Aeronautical apparatus, machines, and appliances, namely, structural parts for
`air vehicles; Aircraft; Land Vehicles; Air vehicles; Space vehicles; Marine
`vehicles; Amphibious vehicles; Autonomous vehicles, namely, pilotless aircraft;
`Self-driving transport vehicles; drones and other unmanned air vehicles; Civilian
`drones; Military drones; Camera drones; Delivery drones; Rescue drones;
`Vehicles adapted for military purposes, namely, aircraft, land vehicles, air
`vehicles, space vehicles, and marine vehicles; Unmanned aerial vehicles
`(UAVs)
`Class 035. First use: First Use: None First Use In Commerce: None
`Retail store services featuring autonomous driving control systems, for use in air
`vehicles, land vehicles, vehicles for water and space vehicles; Retail store ser-
`vices featuring wireless communication systems; Retail store services featuring
`sensors based on radio frequency
`Class 037. First use: First Use: None First Use In Commerce: None
`Maintenance and repair of air vehicles, spacecraft, marine vehicles, drones, ci-
`vilian drones, military drones, camera drones, delivery drones, rescue drones
`and pilotless aircraft; Maintenance and repair of autonomous air, land, water,
`and space systems
`Class 038. First use: First Use: None First Use In Commerce: None
`Wireless communications services, namely, transmission of voice, audio, visual
`images and data by telecommunications networks, wireless communication net-
`works, the Internet, information service networks and data networks; Wireless
`
`

`

`broadcasting; Aeronautical telecommunication services; Wireless communica-
`tion services for the operation of autonomous driving control systems for use
`with in relation to the following goods unmanned air vehicles, land vehicles, wa-
`ter vehicles and space vehicles
`Class 039. First use: First Use: None First Use In Commerce: None
`Arranging transportation of passengers and goods for others by land, sea, and
`air; Air transport; Consultancy in the field of air transports; Rental services fea-
`turing pilotless aircraft; Pilotless aircraft handling, namely, moving and storage of
`aircraft
`Class 042. First use: First Use: None First Use In Commerce: None
`Research development and design of autonomous computerized driving control
`systems for use in flying apparatus, land automotive vehicles, water transporta-
`tion vehicles and spacecraft; Development and design of wireless communica-
`tion computer systems and sensors based on radio frequency; Development of
`artificial intelligence software for use in flying apparatus, land automotive
`vehicles, water transportation vehicles and spacecraft; Design services for flying
`apparatus, land automotive vehicles, water transportation vehicles and space-
`craft and scientific and technological surveying; Technological consulting ser-
`vices for digital transformation; Technical research in the field of aeronautics;
`Design and development of engineering products; Technical project planning in
`the field of engineering; Development of aircraft; Aircraft design; Technical con-
`sultation in the field of aerospace engineering; Professional technological con-
`sultancy relating to marine technology; Technical consultancy services relating
`to marine engineering; Software development, programming and implementa-
`tion; Computer programming; Computer hardware and software development
`services; Development services of downloadable application software; Carto-
`graphy services; Development services for software for autonomous navigation
`of vehicles; Development services for autonomous driving control systems for
`vehicles; Development services for vehicle control apparatus; Development ser-
`vices for navigation devices for use in vehicles; Development services for wire-
`less communication apparatus; Development services for aeronautical commu-
`nications apparatus; Development services for aeronautical communications ap-
`paratus; Development services for sensors, detectors and monitoring instru-
`ments; Development services for sensors based on radio frequency
`
`U.S. application/ registration
`no.
`Register
`Registration date
`Mark
`Goods/services
`
`NONE
`
`Application date
`
`NONE
`
`NONE
`NONE
`TEKEVER
`Class 7: Motors for aeronautical purposes; Marine engines Class 9:
`Navigational devices, Navigation systems, guidance devices, Guid-
`ance systems, Monitoring devices, Surveillance systems, Tracking
`devices, Tracking systems, Marking devices, Marking systems, Map-
`ping devices and Mapping systems, for use with terrestrial vehicles,
`watercraft, Space vehicles and Unmanned aerial vehicles, namely,
`drones; Wireless communication systems, namely, wireless commu-
`nication devices for voice, data, or image transmission for use with
`terrestrial vehicles, watercraft, space vehicles and unmanned aerial
`vehicles; Sensors based on radio frequency¸ namely, sensors for
`determining position, velocity, and acceleration for use with terrestrial
`vehicles, watercraft, space vehicles and unmanned aerial vehicles;
`Autonomous control systems using artificial intelligence platforms,
`namely, electronic control systems for machines for use with terrestri-
`al vehicles, watercraft, space vehicles and unmanned aerial vehicles;
`Downloadable and recorded computer programs for use in the
`autonomous navigation of vehicles; Autonomous driving control sys-
`
`

`

`tems for vehicles, namely, navigational systems for autonomous
`vehicles; Downloadable and recorded software for the navigation,
`control, and monitoring of terrestrial vehicles, watercraft, space
`vehicles and unmanned aerial vehicles; Computer hardware; Down-
`loadable and recorded computer firmware for the navigation, control,
`and monitoring of terrestrial vehicles, watercraft, space vehicles and
`unmanned aerial vehicles; Downloadable software applications for the
`navigation, control, and monitoring of terrestrial vehicles, watercraft,
`space vehicles and unmanned aerial vehicles; Autonomous air, land,
`water and space systems, namely, electronic control systems for ma-
`chines; Downloadable and recorded software for use in the autonom-
`ous navigation of vehicles; Vehicles control apparatus, namely, navig-
`ational systems for use with autonomous vehicles; navigation devices
`for use in vehicles; wireless communication apparatus, namely,
`devices for voice, data or image transmission; Aeronautical commu-
`nications apparatus, namely, devices for voice, data or image trans-
`mission; Sensors, detectors and monitoring instruments, namely
`devices for determining position, velocity, and acceleration; Sensors
`based on radio frequency, namely, devices for determining position,
`velocity, and acceleration Class 12: Aeronautical apparatus, ma-
`chines, and appliances, namely, structural parts for air vehicles; Air-
`craft; Land Vehicles; Air vehicles; Space vehicles; Marine vehicles;
`Amphibious vehicles; Autonomous vehicles, namely, pilotless aircraft;
`Self-driving transport vehicles; drones and other unmanned air
`vehicles; Civilian drones; Military drones; Camera drones; Delivery
`drones; Rescue drones; Vehicles adapted for military purposes,
`namely, aircraft, land vehicles, air vehicles, space vehicles, and mar-
`ine vehicles; Unmanned aerial vehicles (UAVs) Class 35: Retail store
`services featuring autonomous driving control systems, for use in air
`vehicles, land vehicles, vehicles for water and space vehicles; Retail
`store services featuring wireless communication systems; Retail store
`services featuring sensors based on radio frequency Class 37: Main-
`tenance and repair of air vehicles, spacecraft, marine vehicles,
`drones, civilian drones, military drones, camera drones, delivery
`drones, rescue drones and pilotless aircraft; Maintenance and repair
`of autonomous air, land, water, and space systems Class 38: Wire-
`less communications services, namely, transmission of voice, audio,
`visual images and data by telecommunications networks, wireless
`communication networks, the Internet, information service networks
`and data networks; Wireless broadcasting; Aeronautical telecommu-
`nication services; Wireless communication services for the operation
`of autonomous driving control systems for use with in relation to the
`following goods unmanned air vehicles, land vehicles, water vehicles
`and space vehicles Class 39: Arranging transportation of passengers
`and goods for others by land, sea, and air; Air transport; Consultancy
`in the field of air transports; Rental services featuring pilotless aircraft;
`Pilotless aircraft handling, namely, moving and storage of aircraft
`Class 42: Research development and design of autonomous compu-
`terized driving control systems for use in flying apparatus, land auto-
`motive vehicles, water transportation vehicles and spacecraft; Devel-
`opment and design of wireless communication computer systems and
`sensors based on radio frequency; Development of artificial intelli-
`gence software for use in flying apparatus, land automotive vehicles,
`water transportation vehicles and spacecraft; Design services for fly-
`ing apparatus, land automotive vehicles, water transportation vehicles
`and spacecraft and scientific and technological surveying; Technolo-
`gical consulting services for digital transformation; Technical research
`in the field of aeronautics; Design and development of engineering
`products; Technical project planning in the field of engineering; Devel-
`opment of aircraft; Aircraft design; Technical consultation in the field
`
`

`

`of aerospace engineering; Professional technological consultancy re-
`lating to marine technology; Technical consultancy services relating to
`marine engineering; Software development, programming and imple-
`mentation; Computer programming; Computer hardware and software
`development services; Development services of downloadable applic-
`ation software; Cartography services; Development services for soft-
`ware for autonomous navigation of vehicles; Development services
`for autonomous driving control systems for vehicles; Development
`services for vehicle control apparatus; Development services for nav-
`igation devices for use in vehicles; Development services for wireless
`communication apparatus; Development services for aeronautical
`communications apparatus; Development services for aeronautical
`communications apparatus; Development services for sensors, de-
`tectors and monitoring instruments; Development services for sensors
`based on radio frequency
`
`Attachments
`
`97686950#TMSN.png( bytes )
`97686955#TMSN.png( bytes )
`97686954#TMSN.png( bytes )
`Notice of Opposition - Tekever.pdf(135360 bytes )
`Exhibit A - Tekever.pdf(433078 bytes )
`Exhibit B - Tekever.pdf(142467 bytes )
`
`Signature
`Name
`Date
`
`/Michael Barer/
`Michael Barer
`11/19/2024
`
`

`

`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposer,
`
`v.
`
`
`Tekever Holdings, S.A.,
`
`
`
`
`
`Tekever, Inc.,
`
`
`
`
`Applicant.
`
`
`
`Application Serial No. 97/253,347
`
`Opposition No.
`
`
`
`
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`NOTICE OF OPPOSITION
`
`Opposer, Tekever Holdings, S.A., (“Opposer”), a Portuguese public limited company,
`
`having an address of Rua das Minas, 2, Zona Industrial, Estrada da Foz do Arelho, Caldas da
`
`Rainha Portugal 2500-750, believes it will be damaged by registration of Application Serial No.
`
`97/253,347 for the mark Tekever (the “Subject Application”), in the name of Tekever, Inc., a
`
`Delaware corporation (“Applicant”), and hereby opposes the same pursuant to 37 C.F.R. § 2.104
`
`on the grounds of (1) priority and likelihood of confusion, (2) no use of the mark at the time of
`
`filing, (3) no bona fide intent to use the mark in interstate commerce at the time of filing, (4)
`
`misrepresentation of source, (5) not the rightful owner of the mark and (6) fraud.
`
`As grounds for opposition, Opposer alleges the following:
`
`1.
`
`2.
`
`Opposer is the owner of the TEKEVER mark, and variations thereof.
`
`Opposer uses its TEKEVER mark globally in connection with unmanned systems
`
`technology and services, developing next generation unmanned aerial and satellite systems.
`
`3.
`
`Opposer also provides goods and services globally in connection with the
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`TEKEVER mark in the IT, aerospace, military defense and security sectors.
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`1
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`4.
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`Due to the extensive use and advertising of goods and services under its TEKEVER
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`mark, the TEKEVER mark has come to be recognized and relied upon by the trade and the public
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`as identifying Opposer, its unmanned aerial systems, and other offerings.
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`5.
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`Applicant is owned and controlled by Pedro Sinogas, a former executive of Opposer
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`and its predecessor companies.
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`6.
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`In 2018, Opposer’s predecessor companies became aware that Pedro Sinogas
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`breached his fiduciary duties, and diverted the equivalent of over five million dollars for his own
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`personal use.
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`7.
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`Pedro Sinogas was suspended (by the Lisbon Commercial Court) from his positions
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`within Opposer, and all ties with Pedro Sinogas were severed.
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`8.
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`In the midst of the ongoing dispute in Portugal, Pedro Sinogas created Applicant,
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`and filed the Subject Application, to profit off of Opposer’s TEKEVER mark, and otherwise
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`irritate Opposer and cause problems for it.
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`9.
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`At the direction of Pedro Sinogas, on February 4, 2022, Applicant filed the Subject
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`Application in connection with Unmanned aerial vehicles (UAVs) in international class 12.
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`10.
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`Opposer has been using its goods and services, offered in connection with its
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`TEKEVER mark, since long before Applicant and the filing of the Subject Application.
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`11.
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`Furthermore, Applicant knew it was not entitled to use the Tekever mark in
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`commerce.
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`12.
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`On June 28, 2023, Opposer filed a complaint against Applicant in the Eastern
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`District of Virginia asserting violations of, inter alia, the Anti-Cybersquatting Consumer
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`Protection Act (the “ACPA”) and fraud on the U.S. Patent and Trademark Office.
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`2
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`13.
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`On September 18, 2024, the Court issued a Report and Recommendation,
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`recommending that judgment be granted in favor of Opposer as to its ACPA claim. See Exhibit A.
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`14.
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`On October 17, 2024, the Report and Recommendation was adopted, and judgment
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`was issued in favor of Opposer.
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`15.
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`The Court declined to order the abandonment of the Subject Application, finding
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`that such a remedy would be best issu