Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA884390
`
`Filing date:
`
`03/20/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner Information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Bootcamp Prep, LLC
`
`Limited liability company
`
`Citizenship
`
`Florida
`
`5196 Isleworth Country Club Drive
`Windermere, FL 34786
`UNITED STATES
`
`Allison R. Imber, Esq.
`Allen, Dyer, Doppelt & Gilchrist, P.A.
`255 S. Orange Ave., Suite 1401
`Orlando, FL 32801
`UNITED STATES
`Email: aimber@allendyer.com, odsierra@allendyer.com
`Phone: 407-841-2330
`
`Registration Subject to Cancellation
`
`Registration No.
`
`4783634
`
`Registration date
`
`07/28/2015
`
`Registrant
`
`Orgoman LLC
`80 Bay Street Landing, #3H
`Staten Island, NY 10301
`UNITED STATES
`
`Goods/Services Subject to Cancellation
`
`Class 041. First Use: 2010/09/12 First Use In Commerce: 2010/09/12
`All goods and services in the class are subject to cancellation, namely: Education services, namely,
`providing live and on-line classes, seminars, workshops, and presentations in the field of test prepar-
`ation for academic and achievement aptitude tests, academic course work, and standardized tests for
`collegiate and graduate levels of education
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`Grounds for Cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
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`Mark Cited by Petitioner as Basis for Cancellation
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`U.S. Application/ Registra-
`tion No.
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`Registration Date
`
`Word Mark
`
`Goods/Services
`
`Application Date
`
`NONE
`
`NONE
`
`NONE
`
`DAT BOOTCAMP
`
`Educational test preparation services; providing a website featuring
`information in the field of test preparation, biology, chemistry, organic
`
`
`
`ESTTA Tracking number:
`
`ESTTA884390
`
`Filing date:
`
`03/20/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner Information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Bootcamp Prep, LLC
`
`Limited liability company
`
`Citizenship
`
`Florida
`
`5196 Isleworth Country Club Drive
`Windermere, FL 34786
`UNITED STATES
`
`Allison R. Imber, Esq.
`Allen, Dyer, Doppelt & Gilchrist, P.A.
`255 S. Orange Ave., Suite 1401
`Orlando, FL 32801
`UNITED STATES
`Email: aimber@allendyer.com, odsierra@allendyer.com
`Phone: 407-841-2330
`
`Registration Subject to Cancellation
`
`Registration No.
`
`4783634
`
`Registration date
`
`07/28/2015
`
`Registrant
`
`Orgoman LLC
`80 Bay Street Landing, #3H
`Staten Island, NY 10301
`UNITED STATES
`
`Goods/Services Subject to Cancellation
`
`Class 041. First Use: 2010/09/12 First Use In Commerce: 2010/09/12
`All goods and services in the class are subject to cancellation, namely: Education services, namely,
`providing live and on-line classes, seminars, workshops, and presentations in the field of test prepar-
`ation for academic and achievement aptitude tests, academic course work, and standardized tests for
`collegiate and graduate levels of education
`
`Grounds for Cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Mark Cited by Petitioner as Basis for Cancellation
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`Application Date
`
`NONE
`
`NONE
`
`NONE
`
`DAT BOOTCAMP
`
`Educational test preparation services; providing a website featuring
`information in the field of test preparation, biology, chemistry, organic
`
`
`
`chemistry, perceptual ability, quantitative reasoning and reading com-
`prehension; Providing an online test preparation study guide and
`schedule; Educational services, namely, providing practice test ques-
`tions and practice tests in preparation for test taking; Educational ser-
`vices, namely, providing online test questions in the fields of biology,
`chemistry, organic chemistry, perceptual ability, quantitative reason-
`ing and reading comprehension; Providing a website featuring non-
`downloadable videos in the field of test preparation, biology, chem-
`istry, organic chemistry, perceptual ability, quantitative reasoning and
`reading comprehension
`
`Attachments
`
`Petition to Cancel.pdf(149019 bytes )
`
`Signature
`
`/Allison R. Imber/
`
`Name
`
`Date
`
`Allison R. Imber
`
`03/20/2018
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Supplemental Trademark Registration No. 4,783,634
`for the Mark DAT BOOTCAMP
`
`Bootcamp Prep, LLC,
`
`
`vs.
`
`Orgoman LLC,
`
`
`
`
`
`Petitioner,
`
`
`
`Respondent.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Cancellation No: ____________________
`
`/
`
`
`
`
`Bootcamp Prep, LLC (“Petitioner”), a Florida limited liability company located at 5196
`
`PETITION TO CANCEL
`
`Isleworth Country Club Drive, Windermere, FL 34786, believes that it will be damaged by the
`
`continued registration of the mark DAT BOOTCAMP as shown in U.S. Supplemental Trademark
`
`Registration No. 4,783,634 owned by Orgoman LLC (“Respondent”), which is purportedly used
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`in connection with services in International Class 41, and hereby petitions to cancel the
`
`registration.
`
`The grounds for the petition are as follows:
`
`PETITIONER’S MARK
`
`1.
`
`Petitioner is a limited liability company duly incorporated under the laws of Florida.
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`Petitioner provides educational test preparation services online through a website at the domain
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`name <datbootcamp.com>.
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`2.
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`Since at least as early as January of 2013, Petitioner has used the mark DAT
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`BOOTCAMP in interstate commerce in connection with the provision of its test preparation
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`services (“Petitioner’s Mark”).
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`
`
`
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`3.
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`Petitioner has expended significant resources in promoting its services offered
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`under the mark DAT BOOTCAMP. As a result of Petitioner’s efforts and continuous use, the
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`mark DAT BOOTCAMP has acquired secondary meaning in the minds of consumers as a
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`designation of source for Petitioner’s educational services. Consumers have come to rely on the
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`mark DAT BOOTCAMP to identify Petitioner’s services and to distinguish them from the
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`services of its competitors. As such, Petitioner maintains valuable trademark rights in the mark
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`DAT BOOTCAMP and the goodwill it symbolizes.
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`RESPONDENT’S REGISTRATION
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`4.
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`Based on information and belief, Respondent is a New York limited liability
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`company located at 80 Bay Street Landing, #3H Staten Island, New York 10301.
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`5.
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`Respondent owns United States Supplemental Trademark Registration No.
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`4,783,634 (“Respondent’s Registration”) for the mark DAT BOOTCAMP (“Respondent’s
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`Mark”) as used on “education services, namely, providing live and on-line classes, seminars,
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`workshops, and presentations in the field of test preparation for academic and achievement
`
`aptitude tests, academic course work, and standardized tests for collegiate and graduate levels of
`
`education.”
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`6.
`
`The application that matured into Respondent’s Registration was filed for on May
`
`30, 2014 based on an alleged first use date of September 12, 2010.
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`GROUNDS FOR CANCELLATION
`PRIORITY AND LIKELIHOOD OF CONFUSION
`
`Petitioner incorporates paragraphs 1-6 above.
`
`Petitioner’s use of Petitioner’s Mark in commerce pre-dated Respondent’s first use
`
`7.
`
`8.
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`of Respondent’s Mark in commerce, as well as the filing date upon which Respondent filed its
`
`2
`
`
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`application for Respondent’s Registration. Upon further information and belief, Petitioner’s Mark
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`has acquired distinctiveness while Respondent’s Mark remains merely descriptive. Therefore,
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`Petitioner has priority of use of its Mark over that of Respondent’s use of its Mark.
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`9.
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`Respondent’s Mark is confusingly and deceptively similar to Petitioner’s Mark.
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`Respondent’s Mark is identical in sight, connotation, and commercial impression to Petitioner’s
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`Mark.
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`10.
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`Respondent’s services are identical to or closely related to the services provided by
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`Petitioner. Consumers are likely to believe that Respondent and its services are somehow
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`sponsored by, affiliated with and/or related to Petitioner and its services.
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`11.
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`Respondent’s channels of trade and class of purchasers are identical to or very
`
`similar to those of Petitioner.
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`12.
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`Due to the similarity between Petitioner’s Mark and Respondent’s Mark, as well as
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`their respective services, not to mention the similarity of the channels of trade and classes of
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`purchasers, the continued registration of Respondent’s Mark will cause great damage and injury
`
`to Petitioner. Persons familiar with Petitioner’s Mark and services would likely confuse
`
`Respondent’s services with the services provided by Petitioner. Any defect, objection or fault
`
`found with Respondent’s services offered under its Mark may reflect upon and expose Petitioner
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`to liability, and injure the reputation that Petitioner has established for its services.
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`
`
`
`
`WHEREFORE, Petitioner respectfully requests that this petition be sustained, and U.S.
`
`Supplemental Trademark Registration No. 4,783,634 for the mark DAT BOOTCAMP be
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`cancelled in its entirety.
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`
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`3
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`
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`Dated: March 20, 2018
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`Respectfully submitted,
`
`
`
`
`/Allison R. Imber/
`Allison R. Imber, Esq.
`Brock A. Hankins
`Allen, Dyer, Doppelt & Gilchrist, P.A.
`255 South Orange Avenue
`Suite 1401
`Orlando, Florida 32801
`Phone (407) 841-2330
`Fax (407) 841-2343
`Email: aimber@allendyer.com
`
`bhankins@allendyer.com
`
`Attorneys for Petitioner
`
`
`4
`
`
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