Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA554080
`ESTTA Tracking number:
`08/14/2013
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92057485
`Defendant
`Juan Rodriguez
`JUAN RODRIGUEZ
`33 MONTILLA AVENUE
`CORAL GABLES, FL 33134
`UNITED STATES
`cocaleafcompany@gmail.com, uremailcontact@gmail.com
`Other Motions/Papers
`Juan Rodriguez
`cocaleafcompany@gmail.com
`/Juan Rodriguez/
`08/14/2013
`CocaleafReplyMTD.pdf(142893 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`IN THE UNITES STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In re: Registration No. 4,259,407
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`Mark: COCA LEAF
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`Registered: December 11, 2012
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`JUAN RODRIGUEZ,
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` Registrant,
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` v. CANCELLATION: 92057485
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`The Coca-Cola Company
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` Petitioner.
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`_______________________/
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`REGISTRANTÓU"TGRN[ TO RGVKVKQPGTÓU"TGURQPUG
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` JUAN RODRIGUEZ (hereinafter JR) and pursuant to the applicable rules of the
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`TTAB, hereby files his reply vq"RgvkvkqpgtÓu"tgsponse to the motion to dismiss (hereinafter
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`MTD)
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` In support thereof, JR states the following;
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`1. On August 06, 2013, JR filed a MTD to RgvkvkqpgtÓs grounds I thru III and not grounds
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`IV nor V
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`2. On August 08, 2013, the Board suspended vjg"rtqeggfkpiu"fwg"vq"LTÓU"OVF0
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`3. On Cwiwuv"34."4235."Rgvkvkqpgt"tgurqpfgf"vq"LTÓU"OVF"dwv"kpuvgcf"qh"tgurqpfkpi"vq"
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`the merits of the MTD finds comfort by suggesting that JR failed to substantially attack
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`the cancellation grounds I thru III and ignored ground IV of fraud.
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`I
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`PETITIONER DOES NOT KNOW WHAT IT SPEAKS AND DOES NOT WANT
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`TO SPEAK TO AVOID EARLY DEFEAT
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`4. JR has filed a MTD not an answer to the petition, thus, he does not need to
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`substantiate anything but complain that Petitioner is not entitle to speak unless pleads the
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`right to why because of an authorized descriptive mark called Coca-Leaf.
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` Why do they fear pain from Eqec"NgchA""c"rwdnkeÓu"fqockp" pcog"yjkej" ku"c"igpwu"
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`name of a plant and allowed to be used in foods as an flavoring extract agent under 21
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`CFR 182.20. They abandon the name way back when they turned syrup into carbonated
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`beverages and distributed to the public in bottles and cans without any references that it
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`contains such to avoid to be known that they have always been generic. We will all soon
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`see all of this for we live in the land called free.
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` Apart from not speaking why the right to complain to merely a descriptive mark
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`register under Supplemental Registration, Petitioner did not responded to the merits of
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`the MTD nor the controlling authority of Books On Tape, INC., v. The BookTape Corp.
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`836 F.2d 519 (Fed. Cir. 1986), 229 USPQ 632 (TTAB 1986) The Board could consider
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`such silence as conceding to what JR speaks under the authority of Books On Tape. 37
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`CFR 2.127
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` Silence could mean defeat.
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` Cu"vq"htcwf."yj{"gxgp"dqvjgt"yjgp"vjgtgÓu"uvknn"itqwpf"X0""Kh"vjgtgÓu"htcwf. then there is
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`no need to see if there was a bona fide intent to use the mark on any of the goods stated
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`and thus Coca-Leaf dies a cheat. But if the other way around with a twist- then there was
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`pq"okutgrtgugpvcvkqp"qh"vjg"qypgtÓu"pcog"pqt"cp{"fgegkv"on the USPTO, but knowingly
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`only on who has been doing all the fraud and much worst throughout its history. The
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`Delaware Corporation called The Coca-Cola Company.
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` The truth is unstoppable in the pursuant of happiness when the truth is unhappiness.
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`II
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`CONCLUSION
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`2. Wherefore JR respectfully requests the Board to consider his reply when ruling on the
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`MTD for the adjudication of the law under controlling authorities.
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`Respectfully submitted,
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`/s/ Juan Rodriguez
`___________________
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`JUAN RODRIGUEZ
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`REGISTRANT
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` 33 Montilla Ave
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`Coral Gables, Fl 33134
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`Email: cocaleafcompany@gmail.com
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`CERTIFICATE OF SERVICE
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`III
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` I hereby certify that a true and correct copy of the foregoing was furnished via first
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`class US mail and email attachment this 14th day of August 4235."vq"VEEEÓU"attorney
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`of record:
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` Cynthia R. Parks
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` 730 Peachtree Street NE
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` Suite 600
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` Atlanta, GA 30308
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` cparks@parksiplaw.com
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`JUAN RODRIGUEZ
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